American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
I shall often have occasion to quote the Federalist in this work. When
the bill which has since become the constitution of the United States
was submitted to the approval of the people, and the discussions were
still pending, three men who had already acquired a portion of that
celebrity which they have since enjoyed, John Jay, Hamilton, and
Madison, formed an association with the intention of explaining to the
nation the advantages of the measure which was proposed. With this view
they published a series of articles in the shape of a journal, which now
form a complete treatise. They entitled their journal, "The Federalist,"
a name which has been retained in the work. The Federalist is an
excellent book, which ought to be familiar to the statesmen of all
countries, although it especially concerns America.
[127] See constitution, sect. 8. Federalist, Nos. 41 and 42. Kent's
Commentaries, vol. i., p. 207. Story, pp. 358-382; 409-426.
[128] Several other privileges of the same kind exist, such as that
which empowers the Union to legislate on bankruptcy, to grant patents,
and other matters in which its intervention is clearly necessary.
[129] Even in these cases its interference is indirect. The Union
interferes by means of the tribunals, as will be hereafter shown.
[130] Federal Constitution, sect. 10, art. 1.
[131] Constitution, sect. 8, 9, and 10. Federalist, Nos. 30-36
inclusive, and 41-44. Kent's Commentaries, vol. i., pp. 207 and 381.
Story pp. 329 and 514.
[132] Every ten years congress fixes anew the number of representatives
which each state is to furnish. The total number was 69 in 1789, and 240
in 1833. (See American Almanac, 1834, p. 194.)
The constitution decided that there should not be more than one
representative for every 30,000 persons; but no minimum was fixed
upon. The congress has not thought fit to augment the number of
representatives in proportion to the increase of population. The first
act which was passed on the subject (14th April, 1792: see Laws of the
United States, by Story, vol. i., p. 235) decided that there should be
one representative for every 33,000 inhabitants. The last act, which was
passed in 1822, fixes the proportion at one for 48,000. The population
represented is composed of all the freemen and of three-fifths of the
slaves.
[133] See the Federalist, Nos. 52-66, inclusive. Story, pp. 199-314
Constitution of the United States, sections 2 and 3.
[134] See the Federalist, Nos. 67-77. Constitution of the United States,
a. t. 2. Story, pp. 115; 515-780. Kent's Commentaries, p. 255.
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