American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
The first consequence of this doctrine has been to cause all the
magistrates to be chosen either by, or at least from among the citizens.
As the officers are everywhere elected or appointed for a certain
period, it has been impossible to establish the rules of a dependent
series of authorities; there are almost as many independent
functionaries as there are functions, and the executive power is
disseminated in a multitude of hands. Hence arose the indispensable
necessity of introducing the control of the courts of justice over the
administration, and the system of pecuniary penalties, by which the
secondary bodies and their representatives are constrained to obey the
laws. The system obtains from one end of the Union to the other. The
power of punishing the misconduct of public officers, or of performing
the part of the executive, in urgent cases, has not, however, been
bestowed on the same judges in all the states. The Anglo-Americans
derived the institution of justices of the peace from a common source;
but although it exists in all the states, it is not always turned to
the same use. The justices of the peace everywhere participate in the
administration of the townships and the counties,[99] either as public
officers or as the judges of public misdemeanors, but in most of the
states the more important classes of public offences come under the
cognisance of the ordinary tribunals.
The election of public officers, or the inalienability of their
functions, the absence of a gradation of powers, and the introduction
of a judicial control over the secondary branches of the administration,
are the universal characteristics of the American system from Maine to
the Floridas. In some states (and that of New York has advanced most
in this direction) traces of a centralised administration begin to
be discernible. In the state of New York the officers of the central
government exercise, in certain cases, a sort of inspection of control
over the secondary bodies.[100] At other times they constitute a court
of appeal for the decision of affairs.[101] In the state of New York
judicial penalties are less used than in other parts as a means of
administration; and the right of prosecuting the offences of public
officers is vested in fewer hands.[102] The same tendency is faintly
observable in some other states;[103] but in general the prominent
feature of the administration in the United States is its excessive
local independence.
* * * * *
OF THE STATE.
I have described the townships and the administration: it now remains
for me to speak of the state and government. This is ground I may pass
over rapidly, without fear of being misunderstood; for all I have to say
is to be found in written forms of the various constitutions, which are
easily to be procured.[104] These constitutions rest upon a simple and
rational theory; their forms have been adopted by all constitutional
nations, and are become familiar to us.
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