American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
The second and the most fatal of all the defects I have alluded to,
and that which I believe to be inherent in the federal system, is the
relative weakness of the government of the Union. The principle upon
which all confederations rest is that of a divided sovereignty. The
legislator may render this partition less perceptible, he may even
conceal it for a time from the public eye, but he cannot prevent it from
existing; and a divided sovereignty must always be less powerful than an
entire supremacy. The reader has seen in the remarks I have made on the
constitution of the United States, that the Americans have displayed
singular ingenuity in combining the restriction of the power of the
Union within the narrow limits of the federal government, with the
semblance, and to a certain extent with the force of a national
government. By this means the legislators of the Union have succeeded
in diminishing, though not in counteracting, the natural danger of
confederations.
It has been remarked that the American government does not apply itself
to the states, but that it immediately transmits its injunctions to the
citizens, and compels them as isolated individuals to comply with its
demands. But if the federal law were to clash with the interests and
prejudices of a state, it might be feared that all the citizens of
that state would conceive themselves to be interested in the cause of a
single individual who should refuse to obey. If all the citizens of
the state were aggrieved at the same time and in the same manner by the
authority of the Union, the federal government would vainly attempt to
subdue them individually; they would instinctively unite in the common
defence, and they would derive a ready-prepared organization from the
share of sovereignty which the institution of their state allows them
to enjoy. Fiction would give way to reality, and an organized portion of
the territory might then contest the central authority.
The same observation holds good with regard to the federal jurisdiction.
If the courts of the Union violated an important law of a state in a
private case, the real, if not the apparent contest would arise
between the aggrieved state, represented by a citizen, and the Union,
represented by its courts of justice.[158]
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