American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
The magistrates of the township, as well as those of the county, are
bound to communicate their acts to the central government in a very
small number of predetermined cases.[79] But the central government is
not represented by an individual whose business it is to publish police
regulations and ordinances enforcing the execution of the laws; to keep
up a regular communication with the officers of the township and the
county; to inspect their conduct, to direct their actions, or reprimand
their faults. There is no point which serves as a centre to the radii of
the administration.
What, then, is the uniform plan on which the government is conducted,
and how is the compliance of the counties and their magistrates, or the
townships and their officers, enforced? In the states of New England the
legislative authority embraces more subjects than it does in France; the
legislator penetrates to the very core of the administration; the law
descends to the most minute details; the same enactment prescribes
the principle and the method of its application, and thus imposes a
multitude of strict and rigorously defined obligations on the secondary
functionaries of the state. The consequence of this is, that if all
the secondary functionaries of the administration conform to the law,
society in all its branches proceeds with the greatest uniformity; the
difficulty remains of compelling the secondary functionaries of the
administration to conform to the law. It may be affirmed that, in
general, society has only two methods of enforcing the execution of
the laws at its disposal; a discretionary power may be intrusted to a
superior functionary of directing all the others, and of cashiering them
in case of disobedience; or the courts of justice may be authorized to
inflict judicial penalties on the offender: but these two methods are
not always available.
The right of directing a civil officer pre-supposes that of cashiering
him if he does not obey orders, and of rewarding him by promotion if he
fulfils his duties with propriety. But an elected magistrate can neither
be cashiered nor promoted. All elective functions are inalienable until
their term is expired. In fact, the elected magistrate has nothing
either to expect or to fear from his constituents; and when all public
offices are filled by ballot, there can be no series of official
dignities, because the double right of commanding and of enforcing
obedience can never be vested in the same individual, and because the
power of issuing an order can never be joined to that of inflicting a
punishment or bestowing a reward.
Public-domain text, read in full here on John Shaqi.
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