American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
In this place, therefore, it is only necessary for me to give a short
analysis; I shall endeavor afterward to pass judgment upon what I now
describe.
* * * * *
LEGISLATIVE POWER OF THE STATE.
Division of the Legislative Body into two Houses.--Senate.--House of
Representatives.--Different functions of these two Bodies.
The legislative power of the state is vested in two assemblies, the
first of which generally bears the name of the senate.
The senate is commonly a legislative body; but it sometimes becomes an
executive and judicial one. It takes a part in the government in several
ways, according to the constitution of the different states;[105] but
it is in the nomination of public functionaries that it most commonly
assumes an executive power. It partakes of judicial power in the trial
of certain political offences, and sometimes also in the decision of
certain civil cases.[106] The number of its members is always small. The
other branch of the legislature, which is usually called the house of
representatives, has no share whatever in the administration, and only
takes a part in the judicial power inasmuch as it impeaches public
functionaries before the senate.
The members of the two houses are nearly everywhere subject to the same
conditions of election. They are chosen in the same manner, and by the
same citizens.
The only difference which exists between them is, that the term for
which the senate is chosen, is in general longer than that of the house
of representatives. The latter seldom remain in office longer than a
year; the former usually sit two or three years.
By granting to the senators the privilege of being chosen for several
years, and being renewed seriatim, the law takes care to preserve in the
legislative body a nucleus of men already accustomed to public business,
and capable of exercising a salutary influence upon the junior members.
The Americans, plainly, did not desire, by this separation of the
legislative body into two branches, to make one house hereditary and the
other elective; one aristocratic and the other democratic. It was not
their object to create in the one a bulwark to power, while the
other represented the interests and passions of the people. The only
advantages which result from the present constitution of the United
States, are, the division of the legislative power, and the consequent
check upon political assemblies; with the creation of a tribunal of
appeal for the revision of the laws.
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