American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
The present constitution of the Union was formed at a later period
than those of the majority of the states, and it may have derived some
melioration from past experience. But we shall be led to acknowledge
that this is only a secondary cause of its superiority, when we
recollect that eleven new states have been added to the American
confederation since the promulgation of the federal constitution, and
that these new republics have always rather exaggerated than avoided the
defects which existed in the former constitutions.
The chief cause of the superiority of the federal constitution lay in
the character of the legislators who composed it. At the time when it
was formed the dangers of the confederation were imminent, and its ruin
seemed inevitable. In this extremity the people chose the men who most
deserved the esteem, rather than those who had gained the affections of
the country. I have already observed, that distinguished as almost all
the legislators of the Union were for their intelligence, they were
still more so for their patriotism. They had all been nurtured at a time
when the spirit of liberty was braced by a continual struggle against
a powerful and predominant authority. When the contest was terminated,
while the excited passions of the populace persisted in warring with
dangers which had ceased to threaten them, these men stopped short in
their career; they cast a calmer and more penetrating look upon
the country which was now their own; they perceived that the war of
independence was definitely ended, and that the only dangers which
America had to fear were those which might result from the abuse of the
freedom she had won. They had the courage to say what they believed
to be true, because they were animated by a warm and sincere love of
liberty; and they ventured to propose restrictions, because they were
resolutely opposed to destruction.[153]
The greater number of the constitutions of the states assign one year
for the duration of the house of representatives, and two years for that
of the senate; so that members of the legislative body are constantly
and narrowly tied down by the slightest desires of their constituents.
The legislators of the Union were of opinion that this excessive
dependence of the legislature tended to alter the nature of the main
consequences of the representative system, since it vested the source
not only of authority, but of government, in the people. They increased
the length of the time for which the representatives were returned, in
order to give them freer scope for the exercise of their own judgment.
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