American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
The federal judges must not only be good citizens, and men possessed of
that information and integrity which are indispensable to magistrates,
but they must be statesmen--politicians, not unread in the signs of the
times, not afraid to brave the obstacles which can be subdued, nor slow
to turn aside such encroaching elements as may threaten the supremacy of
the Union and the obedience which is due to the laws.
The president, who exercises a limited power, may err without causing
great mischief in the state. Congress may decide amiss without
destroying the Union, because the electoral body in which congress
originates may cause it to retract its decision by changing its members.
But if the supreme court is ever composed of imprudent men or bad
citizens, the Union may be plunged into anarchy or civil war.
The real cause of this danger, however, does not lie in the constitution
of the tribunal, but in the very nature of federal governments. We
have observed that in confederate peoples it is especially necessary to
consolidate the judicial authority, because in no other nations do those
independent persons who are able to cope with the social body, exist, in
greater power or in a better condition to resist the physical strength
of the government. But the more a power requires to be strengthened, the
more extensive and independent it must be made; and the dangers
which its abuse may create are heightened by its independence and its
strength. The source of the evil is not, therefore, in the constitution
of the power, but in the constitution of those states which renders its
existence necessary.
* * * * *
IN WHAT RESPECTS THE FEDERAL CONSTITUTION IS SUPERIOR TO THAT OF THE
STATES.
In what respects the Constitution of the Union can be compared to
that of the States.--Superiority of the Constitution of the Union
attributable to the Wisdom of the federal Legislators.--Legislature
of the Union less dependent on the People than that of the
States.--Executive Power more independent in its Sphere.--Judicial
Power less subjected to the Inclinations of the Majority.--Practical
Consequences of these Facts.--The Dangers inherent in a democratic
Government eluded by the federal Legislators, and increased by the
Legislators of the States.
The federal constitution differs essentially from that of the states in
the ends which it is intended to accomplish; but in the means by which
these ends are promoted, a greater analogy exists between them. The
objects of the governments are different, but their forms are the same;
and in this special point of view there is some advantage in comparing
them together.
I am of opinion that the federal constitution is superior to all the
constitutions of the states, for several reasons.
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