American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
Unlimited power is in itself a bad and dangerous thing; human beings
are not competent to exercise it with discretion; and God alone can be
omnipotent, because his wisdom and his justice are always equal to his
power. But no power upon earth is so worthy of honor for itself, or of
reverential obedience to the rights which it represents, that I would
consent to admit its uncontrolled and all-predominate authority. When I
see that the right and the means of absolute command are conferred on a
people or upon a king, upon an aristocracy or a democracy, a monarchy or
a republic, I recognize the germ of tyranny, and I journey onward to a
land of more hopeful institutions.
In my opinion the main evil of the present democratic institutions of
the United States does not arise, as is often asserted in Europe, from
their weakness, but from their overpowering strength; and I am not so
much alarmed at the excessive liberty which reigns in that country, as
at the very inadequate securities which exist against tyranny.
When an individual or a party is wronged in the United States, to
whom can he apply for redress? If to public opinion, public opinion
constitutes the majority; if to the legislature, it represents the
majority, and implicitly obeys its instructions: if to the executive
power, it is appointed by the majority and is a passive tool in its
hands; the public troops consist of the majority under arms; the jury is
the majority invested with the right of hearing judicial cases; and
in certain states even the judges are elected by the majority. However
iniquitous or absurd the evil of which you complain may be, you must
submit to it as well as you can.[185]
If, on the other hand, a legislative power could be so constituted as
to represent the majority without necessarily being the slave of its
passions; an executive, so as to retain a certain degree of uncontrolled
authority; and a judiciary, so as to remain independent of the two other
powers; a government would be formed which would still be democratic,
without incurring any risk of tyrannical abuse.
I do not say that tyrannical abuses frequently occur in America at the
present day; but I maintain that no sure barrier is established against
them, and that the causes which mitigate the government are to be found
in the circumstances and the manners of the country more than its laws.
* * * * *
EFFECTS OF THE UNLIMITED POWER OF THE MAJORITY UPON THE ARBITRARY
AUTHORITY OF THE AMERICAN PUBLIC OFFICERS.
Liberty left by the American Laws to public Officers within a certain
Sphere.--Their Power.
A distinction must be drawn between tyranny and arbitrary power.
Tyranny may be exercised by means of the law, and in that case it is
not arbitrary; arbitrary power may be exercised for the good of the
community at large, in which case it is not tyrannical. Tyranny usually
employs arbitrary means, but, if necessary, it can rule without them.
Public-domain text, read in full here on John Shaqi.
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