American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
A second reason, which is still more weighty, may be farther adduced:
in the United States every one is personally interested in enforcing
the obedience of the whole community to the law; for as the minority
may shortly rally the majority to its principles, it is interested in
professing that respect for the decrees of the legislator, which it may
soon have occasion to claim for its own. However irksome an enactment
may be, the citizen of the United States complies with it, not only
because it is the work of the majority, but because it originates in his
own authority; and he regards it as a contract to which he is himself a
party.
In the United States, then, that numerous and turbulent multitude does
not exist, which always looks upon the law as its natural enemy, and
accordingly surveys it with fear and with distrust. It is impossible,
on the other hand, not to perceive that all classes display the utmost
reliance upon the legislation of their country, and that they are
attached to it by a kind of parental affection.
I am wrong, however, in saying all classes; for as in America the
European scale of authority is inverted, the wealthy are there placed in
a position analogous to that of the poor in the Old World, and it is
the opulent classes which frequently look upon the law with suspicion.
I have already observed that the advantage of democracy is not, as has
been sometimes asserted, that it protects the interests of the whole
community, but simply that it protects those of the majority. In the
United States, where the poor rule, the rich have always some reason to
dread the abuses of their power. This natural anxiety of the rich may
produce a sullen dissatisfaction, but society is not disturbed by it;
for the same reason which induces the rich to withhold their confidence
in the legislative authority, makes them obey its mandates; their
wealth, which prevents them from making the law, prevents them from
withstanding it. Among civilized nations revolts are rarely excited
except by such persons as have nothing to lose by them; and if the laws
of a democracy are not always worthy of respect, at least they always
obtain it; for those who usually infringe the laws have no excuse for
not complying with the enactments they have themselves made, and by
which they are themselves benefited, while the citizens whose interests
might be promoted by the infraction of them, are induced, by their
character and their station, to submit to the decisions of the
legislature, whatever they may be. Beside which, the people in America
obeys the law not only because it emanates from the popular authority,
but because that authority may modify it in any points which may prove
vexatory; a law is observed because it is a self-imposed evil in the
first place, and an evil of transient duration in the second.
* * * * *
Public-domain text, read in full here on John Shaqi.
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