American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
In America this theory has been actually put in practice; and the
supreme court of the United States is the sole tribunal of the nation.
Its power extends to all the cases arising under laws and treaties made
by the executive and legislative authorities, to all cases of admiralty
and maritime jurisdiction, and in general to all points which affect the
law of nations. It may even be affirmed that, although its constitution
is essentially judicial, its prerogatives are almost entirely political.
Its sole object is to enforce the execution of the laws of the Union;
and the Union only regulates the relations of the government with
the citizens, and of the nation with foreign powers: the relations
of citizens among themselves are almost exclusively regulated by the
sovereignty of the states.
A second and still greater cause of the preponderance of this court
may be adduced. In the nations of Europe the courts of justice are only
called upon to try the controversies of private individuals; but the
supreme court of the United States summons sovereign powers to its bar.
When the clerk of the court advances on the steps of the tribunal, and
simply says, "The state of New York _versus_ the state of Ohio," it is
impossible not to feel that the court which he addresses is no ordinary
body; and when it is recollected that one of these parties represents
one million, and the other two millions of men, one is struck by the
responsibility of the seven judges whose decision is about to satisfy or
to disappoint so large a number of their fellow-citizens.
The peace, the prosperity, and the very existence of the Union,
are invested in the hands of the seven judges. Without their active
co-operation the constitution would be a dead letter: the executive
appeals to them for assistance against the encroachments of the
legislative powers; the legislature demands their protection from the
designs of the executive; they defend the Union from the disobedience
of the states, the states from the exaggerated claims of the Union,
the public interest against the interests of private citizens, and
the conservative spirit of order against the fleeting innovations of
democracy. Their power is enormous, but it is clothed in the authority
of public opinion. They are the all-powerful guardians of a people which
respects law; but they would be impotent against popular neglect or
popular contempt. The force of public opinion is the most intractable of
agents, because its exact limits cannot be defined; and it is not less
dangerous to exceed, than to remain below the boundary prescribed.
Public-domain text, read in full here on John Shaqi.
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