American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
Not only in theory, but in fact, a republican government must be
administered by the people themselves. They, and they alone, must
execute the laws. And hence, the first principles in such governments,
that on which all others depend, and without which no other can exist,
is and must be, obedience to the existing laws at all times and under
all circumstances. It is the vital condition of the social compact.
He who claims a dispensing power for himself, by which he suspends the
operation of the law in his own case, is worse than a usurper, for
he not only tramples under foot the constitution of his country,
but violates the reciprocal pledge which he has given to his
fellow-citizens, and has received from them, that he will abide by the
laws constitutionally enacted; upon the strength of which pledge, his
own personal rights and acquisitions are protected by the rest of the
community.--_American Editor_.]
[159] Kent's Commentaries, vol. i., p. 244. I have selected an example
which relates to a time posterior to the promulgation of the present
constitution. If I had gone back to the days of the confederation, I
might have given still more striking instances. The whole nation was
at that time in a state of enthusiastic excitement; the revolution was
represented by a man who was the idol of the people; but at that very
period congress had, to say the truth, no resources at all at its
disposal. Troops and supplies were perpetually wanting. The best devised
projects failed in the execution, and the Union, which was constantly on
the verge of destruction, was saved by the weakness of its enemies far
more than by its own strength.
[160] Appendix O.
CHAPTER IX.
WHY THE PEOPLE MAY STRICTLY BE SAID TO GOVERN IN THE UNITED STATES.
I have hitherto examined the institutions of the United States; I have
passed their legislation in review, and I have depicted the present
characteristics of political society in that country. But a sovereign
power exists above these institutions and beyond these characteristic
features, which may destroy or modify them at its pleasure; I mean that
of the people. It remains to be shown in what manner this power, which
regulates the laws, acts: its propensities and its passions remain to be
pointed out, as well as the secret springs which retard, accelerate,
or direct its irresistible course; and the effects of its unbounded
authority, with the destiny which is probably reserved for it.
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