American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
He would have but a partial knowledge of the world who should imagine
that it is possible, by the aid of legal fictions, to prevent men from
finding out and employing those means of gratifying their passions which
have been left open to them; and it may be doubted whether the
American legislators, when they rendered a collision between the two
sovereignties less probable, destroyed the causes of such a misfortune.
But it may even be affirmed that they were unable to ensure the
preponderance of the federal element in a case of this kind. The
Union is possessed of money and of troops, but the affections and the
prejudices of the people are in the bosom of the states. The sovereignty
of the Union is an abstract being, which is connected with but few
external objects; the sovereignty of the states is hourly perceptible,
easily understood, constantly active; and if the former is of recent
creation, the latter is coeval with the people itself. The sovereignty
of the Union is factitious, that of the states is natural, and derives
its existence from its own simple influence, like the authority of a
parent. The supreme power of the nation affects only a few of the chief
interests of society; it represents an immense but remote country, and
claims a feeling of patriotism which is vague and ill-defined; but the
authority of the states controls every individual citizen at every hour
and in all circumstances; it protects his property, his freedom, and his
life; and when we recollect the traditions, the customs, the prejudices
of local and familiar attachment with which it is connected, we
cannot doubt the superiority of a power which is interwoven with every
circumstance that renders the love of one's native country instinctive
to the human heart.
Since legislators are unable to obviate such dangerous collisions
as occur between the two sovereignties which co-exist in the federal
system, their first object must be, not only to dissuade the confederate
states from warfare, but to encourage such institutions as may promote
the maintenance of peace. Hence it results that the federal compact
cannot be lasting unless there exists in the communities which are
leagued together, a certain number of inducements to union which render
their common dependance agreeable, and the task of the government
light; and that system cannot succeed without the presence of favorable
circumstances added to the influence of good laws. All the people which
have ever formed a confederation have been held together by a certain
number of common interests, which served as the intellectual ties of
association.
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