American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
When once the general theory is comprehended, numerous difficulties
remain to be solved in its application; for the sovereignty of the
Union is so involved in that of the states, that it is impossible to
distinguish its boundaries at the first glance. The whole structure
of the government is artificial and conventional; and it would be
ill-adapted to a people which has not long been accustomed to conduct
its own affairs, or to one in which the science of politics has not
descended to the humblest classes of society. I have never been more
struck by the good sense and the practical judgment of the Americans
than in the ingenious devices by which they elude the numberless
difficulties resulting from their federal constitution. I scarcely
ever met with a plain American citizen who could not distinguish, with
surprising facility, the obligations created by the laws of congress
from those created by the laws of his own state; and who, after having
discriminated between the matters which come under the cognizance of the
Union, and those which the local legislature is competent to regulate,
could not point out the exact limit of the several jurisdictions of the
federal courts and the tribunals of the state.
The constitution of the United States is like those exquisite
productions of human industry which ensure wealth and renown to their
inventors, but which are profitless in any other hands. This truth is
exemplified by the condition of Mexico at the present time. The Mexicans
were desirous of establishing a federal system, and they took the
federal constitution of their neighbors the Anglo-Americans as their
model, and copied it with considerable accuracy.[157] But although they
had borrowed the letter of the law, they were unable to create or
to introduce the spirit and the sense which gave it life. They were
involved in ceaseless embarrassments between the mechanism of their
double government; the sovereignty of the states and that of the Union
perpetually exceeded their respective privileges, and entered into
collision; and to the present day Mexico is alternately the victim of
anarchy and the slave of military despotism.
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