American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
This provision appears to me to be the most serious attack upon the
independence of the states. The rights awarded to the federal government
for purposes of obvious national importance are definite and easily
comprehensible; but those with which this last clause invests it are
not either clearly appreciable or accurately defined. For there are vast
numbers of political laws which influence the obligations of contracts,
which may thus furnish an easy pretext for the aggressions of the
central authority.
[The fears of the author respecting the danger to the independence of
the states of that provision of the constitution, which gives to the
federal courts the authority of deciding when a state law impairs the
obligation of a contract, are deemed quite unfounded. The citizens of
every state have a deep interest in preserving the obligation of the
contracts entered into by them in other states: indeed without such a
controlling power, "commerce among several states" could not exist.
The existence of this common arbiter is of the last importance to the
continuance of the Union itself, for if there were no peaceable means
of enforcing the obligations of contracts, independent of all state
authority, the states themselves would inevitably come in collision in
their efforts to protect their respective citizens from the consequences
of the legislation of another state.
M. De Tocqueville's observation, that the rights with which the clause
in question invests the federal government "are not clearly appreciable
or accurately defined," proceeds upon a mistaken view of the clause
itself. It relates to the _obligation_ of a contract, and forbids any
act by which that obligation is impaired. To American lawyers, this
seems to be as precise and definite as any rule can be made by human
language. The distinction between the _right_ to the fruits of a
contract, and the time, tribunal, and manner, in which that right is to
be enforced, seems very palpable. At all events, since the decision
of the supreme court of the United States in those cases in which this
clause has been discussed, no difficulty is found, practically, in
understanding the exact limits of the prohibition.
The next observation of the author, that "there are vast numbers of
political laws which influence the obligations of contracts, which
may thus furnish an easy pretext for the aggressions of the central
authority," is rather obscure. Is it intended that political laws may
be passed by the central authority, influencing the obligation of a
contract, and thus the contracts themselves be destroyed? The answer
to this would be, that the question would not arise under the clause
forbidding laws impairing the obligation of contracts, for that clause
applies only to the states and not to the federal government.
Public-domain text, read in full here on John Shaqi.
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