American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
"Why, the truth is, that they are not disinclined to vote, but they are
afraid of being maltreated; in this country the law is sometimes unable
to maintain its authority without the support of the majority. But in
this case the majority entertains very strong prejudices against the
blacks, and the magistrates are unable to protect them in the exercise
of their legal privileges."
"What, then, the majority claims the right not only of making the laws,
but of breaking the laws it has made?"
[186] This power may be centred in an assembly, in which case it will be
strong without being stable; or it may be centred in an individual, in
which case it will be less strong, but more stable.
[187] I presume that it is scarcely necessary to remind the reader here,
as well as throughout the remainder of this chapter, that I am speaking
not of the federal government, but of the several governments of each
state which the majority controls at its pleasure.
[188] 15th March, 1789.
CHAPTER XVI.
CAUSES WHICH MITIGATE THE TYRANNY OF THE MAJORITY IN THE UNITED STATES.
* * * * *
ABSENCE OF CENTRAL ADMINISTRATION.
The national Majority does not pretend to conduct all Business.--Is
obliged to employ the town and county Magistrates to execute its supreme
Decisions.
I have already pointed out the distinction which is to be made between
a centralized government and a centralized administration. The former
exists in America, but the latter is nearly unknown there. If the
directing power of the American communities had both these instruments
of government at its disposal, and united the habit of executing its own
commands to the right of commanding; if, after having established the
general principles of government, it descended to the details of public
business; and if, having regulated the great interests of the country,
it would penetrate into the privacy of individual interest, freedom
would soon be banished from the New World.
But in the United States the majority, which so frequently displays the
tastes and the propensities of a despot, is still destitute of the more
perfect instruments of tyranny.
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