Democracy in America — Volume 1Tocqueville, Alexis de
History
Democracy in America — Volume 1
Tocqueville, Alexis de
Democracy -- United States; United States -- Politics and government; United States -- Social conditions
The main object of the political jurisdiction which obtains in the
United States is, therefore, to deprive the ill-disposed citizen of an
authority which he has used amiss, and to prevent him from ever
acquiring it again. This is evidently an administrative measure
sanctioned by the formalities of a judicial decision. In this matter
the Americans have created a mixed system; they have surrounded the act
which removes a public functionary with the securities of a political
trial; and they have deprived all political condemnations of their
severest penalties. Every link of the system may easily be traced from
this point; we at once perceive why the American constitutions subject
all the civil functionaries to the jurisdiction of the Senate, whilst
the military, whose crimes are nevertheless more formidable, are
exempted from that tribunal. In the civil service none of the American
functionaries can be said to be removable; the places which some of
them occupy are inalienable, and the others are chosen for a term which
cannot be shortened. It is therefore necessary to try them all in order
to deprive them of their authority. But military officers are dependent
on the chief magistrate of the State, who is himself a civil
functionary, and the decision which condemns him is a blow upon them
all.
If we now compare the American and the European systems, we shall meet
with differences no less striking in the different effects which each
of them produces or may produce. In France and in England the
jurisdiction of political bodies is looked upon as an extraordinary
resource, which is only to be employed in order to rescue society from
unwonted dangers. It is not to be denied that these tribunals, as they
are constituted in Europe, are apt to violate the conservative
principle of the balance of power in the State, and to threaten
incessantly the lives and liberties of the subject. The same political
jurisdiction in the United States is only indirectly hostile to the
balance of power; it cannot menace the lives of the citizens, and it
does not hover, as in Europe, over the heads of the community, since
those only who have submitted to its authority on accepting office are
exposed to the severity of its investigations. It is at the same time
less formidable and less efficacious; indeed, it has not been
considered by the legislators of the United States as a remedy for the
more violent evils of society, but as an ordinary means of conducting
the government. In this respect it probably exercises more real
influence on the social body in America than in Europe. We must not be
misled by the apparent mildness of the American legislation in all that
relates to political jurisdiction. It is to be observed, in the first
place, that in the United States the tribunal which passes sentence is
composed of the same elements, and subject to the same influences, as
the body which impeaches the offender, and that this uniformity gives
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