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 obligations and the claims of the Federal Government were simple
and easily definable, because the Union had been formed with the
express purpose of meeting the general exigencies of the people; but
the claims and obligations of the States were, on the other hand,
complicated and various, because those Governments had penetrated into
all the details of social life. The attributes of the Federal
Government were therefore carefully enumerated and all that was not
included amongst them was declared to constitute a part of the
privileges of the several Governments of the States. Thus the
government of the States remained the rule, and that of the
Confederation became the exception. *e
e
[ See the Amendment to the Federal Constitution; “Federalist,” No. 32;
Story, p. 711; Kent’s “Commentaries,” vol. i. p. 364.
It is to be observed that whenever the exclusive right of regulating
certain matters is not reserved to Congress by the Constitution, the
States may take up the affair until it is brought before the National
Assembly. For instance, Congress has the right of making a general law
on bankruptcy, which, however, it neglects to do. Each State is then at
liberty to make a law for itself. This point has been established by
discussion in the law-courts, and may be said to belong more properly
to jurisprudence.]
But as it was foreseen that, in practice, questions might arise as to
the exact limits of this exceptional authority, and that it would be
dangerous to submit these questions to the decision of the ordinary
courts of justice, established in the States by the States themselves,
a high Federal court was created, *f which was destined, amongst other
functions, to maintain the balance of power which had been established
by the Constitution between the two rival Governments. *g
f
[ The action of this court is indirect, as we shall hereafter show.]
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