American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
Whenever the laws of the United States are attacked, or whenever they
are resorted to in self-defence, the federal courts must be appealed to.
Thus the jurisdiction of the tribunals of the Union extends and narrows
its limits exactly in the same ratio as the sovereignty of the Union
augments or decreases. We have shown that the principal aim of the
legislators of 1789 was to divide the sovereign authority into two
parts. In the one they placed the control of all the general interests
of the Union, in the other the control of the special interest of
its component states. Their chief solicitude was to arm the federal
government with sufficient power to enable it to resist, within
its sphere, the encroachments of the several states. As for these
communities, the principle of independence within certain limits of
their own was adopted in their behalf; and they were concealed from the
inspection, and protected from the control, of the central government.
In speaking of the division of the authority, I observed that this
latter principle had not always been held sacred, since the states are
prevented from passing certain laws, which apparently belong to their
own particular sphere of interest. When a state of the Union passes
a law of this kind, the citizens who are injured by its execution can
appeal to the federal courts.
[The remark of the author, that whenever the laws of the United States
are attacked, or whenever they are resorted to in self-defence, the
federal courts _must be_ appealed to, which is more strongly expressed
in the original, is erroneous and calculated to mislead on a point
of some importance. By the grant of power to the courts of the United
States to decide certain cases, the powers of the state courts are not
suspended, but are exercised concurrently, subject to an appeal to the
courts of the United States. But if the decision of the state court
is _in favor_ of the right, title, or privilege claimed under the
constitution, a treaty, or under a law of congress, no appeal lies
to the federal courts. The appeal is given only when the decision _is
against_ the claimant under the treaty or law. See 3d Cranch, 268. 1
Wheaton, 304.--_American Editor._]
Thus the jurisdiction of the general courts extends not only to all the
cases which arise under the laws of the Union, but also to those
which arise under laws made by the several states in opposition to the
constitution. The states are prohibited from making _ex-post-facto_ laws
in criminal cases; and any person condemned by virtue of a law of this
kind can appeal to the judicial power of the Union. The states are
likewise prohibited from making laws which may have a tendency to
impair the obligations of contracts.[149] If a citizen thinks that an
obligation of this kind is impaired by a law passed in his state, he may
refuse to obey it, and may appeal to the federal courts.[150]
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