American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
In the constitution of all the states the judicial power is that which
remains the most independent of the legislative authority: nevertheless,
in all the states the legislature has reserved to itself the right of
regulating the emoluments of the judges, a practice which necessarily
subjects these magistrates to its immediate influence. In some states
the judges are only temporarily appointed, which deprives them of
a great portion of their power and their freedom. In others the
legislative and judicial powers are entirely confounded: thus the senate
of New York, for instance, constitutes in certain cases the superior
court of the state. The federal constitution, on the other hand,
carefully separates the judicial authority from all external influences:
and it provides for the independence of the judges, by declaring that
their salary shall not be altered, and that their functions shall be
inalienable.
[It is not universally correct, as supposed by the author, that the
state legislatures can deprive their governor of his salary at pleasure.
In the constitution of New York it is provided, that the governor "shall
receive for his services a compensation which shall neither be increased
nor diminished during the term for which he shall have been elected;"
and similar provisions are believed to exist in other states. Nor is the
remark strictly correct, that the federal constitution "provides for the
independence of the judges, by declaring that their salary shall not be
_altered_." The provision of the constitution is, that they shall, "at
stated times, receive for their services a compensation which shall not
be diminished during their continuance in office."--_American Editor_.]
The practical consequences of these different systems may easily be
perceived. An attentive observer will soon remark that the business of
the Union is incomparably better conducted than that of any individual
state. The conduct of the federal government is more fair and more
temperate than that of the states; its designs are more fraught with
wisdom, its projects are more durable and more skilfully combined, its
measures are put into execution with more vigor and consistency.
I recapitulate the substance of this chapter in a few words:--
The existence of democracies is threatened by two dangers, viz.: the
complete subjection of the legislative body to the caprices of
the electoral body; and the concentration of all the powers of the
government in the legislative authority.
The growth of these evils has been encouraged by the policy of the
legislators of the states; but it has been resisted by the legislators
of the Union by every means which lay within their control.
* * * * *
CHARACTERISTICS WHICH DISTINGUISH THE FEDERAL CONSTITUTION OF THE UNITED
STATES OF AMERICA FROM ALL OTHER FEDERAL CONSTITUTIONS.
Public-domain text, read in full here on John Shaqi.
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