American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
The federal constitution, as well as the constitutions of the different
states, divided the legislative body into two branches. But in the
states these two branches were composed of the same elements and
elected in the same manner. The consequence was that the passions
and inclinations of the populace were as rapidly and as energetically
represented in one chamber as in the other, and that laws were made with
all the characteristics of violence and precipitation. By the federal
constitution the two houses originate in like manner in the choice of
the people; but the conditions of eligibility and the mode of election
were changed, to the end that if, as is the case in certain nations, one
branch of the legislature represents the same interests as the other, it
may at least represent a superior degree of intelligence and discretion.
A mature age was made one of the conditions of the senatorial dignity,
and the upper house was chosen by an elected assembly of a limited
number of members.
To concentrate the whole social force in the hands of the legislative
body is the natural tendency of democracies; for as this is the
power which emanates the most directly from the people, it is made to
participate most fully in the preponderating authority of the multitude,
and it is naturally led to monopolise every species of influence. This
concentration is at once prejudicial to a well-conducted administration,
and favorable to the despotism of the majority. The legislators of the
states frequently yielded to these democratic propensities, which were
invariably and courageously resisted by the founders of the Union.
In the states the executive power is vested in the hands of a
magistrate, who is apparently placed upon a level with the legislature,
but who is in reality nothing more than the blind agent and the passive
instrument of its decisions. He can derive no influence from the
duration of his functions, which terminate with the revolving year, or
from the exercise of prerogatives which can scarcely be said to exist.
The legislature can condemn him to inaction by intrusting the execution
of the laws to special committees of its own members, and can annul
his temporary dignity by depriving him of his salary. The federal
constitution vests all the privileges and all the responsibility of the
executive power in a single individual. The duration of the presidency
is fixed at four years; the salary of the individual who fills that
office cannot be altered during the term of his functions; he is
protected by a body of official dependents, and armed with a suspensive
veto. In short, every effort was made to confer a strong and independent
position upon the executive authority, within the limits which had been
prescribed to it.
Public-domain text, read in full here on John Shaqi.
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