American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
Time and experience, however, have convinced the Americans that if these
are its only advantages, the division of the legislative power is still
a principle of the greatest necessity. Pennsylvania was the only one of
the United States which at first attempted to establish a single
house of assembly; and Franklin himself was so far carried away by
the necessary consequences of the principle of the sovereignty of the
people, as to have concurred in the measure; but the Pennsylvanians
were soon obliged to change the law, and to create two houses. Thus
the principle of the division of the legislative power was finally
established, and its necessity may henceforward be regarded as a
demonstrated truth.
This theory, which was nearly unknown to the republics of
antiquity--which was introduced into the world almost by accident, like
so many other great truths--and misunderstood by several modern nations,
is at length become an axiom in the political science of the present
age.
* * * * *
THE EXECUTIVE POWER OF THE STATE.
Office of Governor in an American State.--The Place he occupies in
relation to the Legislature.--His Rights and his Duties.--His Dependence
on the People.
The executive power of the state may with truth be said to be
_represented_ by the governor, although he enjoys but a portion of its
rights. The supreme magistrate, under the title of governor, is the
official moderator and counsellor of the legislature. He is armed with
a suspensive veto, which allows him to stop, or at least to retard,
its movements at pleasure. He lays the wants of the country before
the legislative body, and points out the means which he thinks may be
usefully employed in providing for them; he is the natural executor
of its decrees in all the undertakings which interest the nation at
large.[107] In the absence of the legislature, the governor is bound to
take all necessary steps to guard the state against violent shocks and
unforeseen dangers.
The whole military power of the state is at the disposal of the
governor. He is commander of the militia and head of the armed force.
When the authority, which is by general consent awarded to the laws, is
disregarded, the governor puts himself at the head of the armed force of
the state, to quell resistance and to restore order.
Lastly, the governor takes no share in the administration of townships
and counties, except it be indirectly in the nomination of justices of
the peace, which nomination he has not the power to revoke.[108]
The governor is an elected magistrate, and is generally chosen for one
or two years only; so that he always continues to be strictly dependent
on the majority who returned him.
* * * * *
POLITICAL EFFECTS OF THE SYSTEM OF LOCAL ADMINISTRATION IN THE UNITED
STATES.
Public-domain text, read in full here on John Shaqi.
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