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 external relations of a people may be compared to those of private
individuals, and they cannot be advantageously maintained without the
agency of a single head of a Government. The exclusive right of making
peace and war, of concluding treaties of commerce, of raising armies,
and equipping fleets, was granted to the Union. *h The necessity of a
national Government was less imperiously felt in the conduct of the
internal policy of society; but there are certain general interests
which can only be attended to with advantage by a general authority.
The Union was invested with the power of controlling the monetary
system, of directing the post office, and of opening the great roads
which were to establish a communication between the different parts of
the country. *i The independence of the Government of each State was
formally recognized in its sphere; nevertheless, the Federal Government
was authorized to interfere in the internal affairs of the States *j in
a few predetermined cases, in which an indiscreet abuse of their
independence might compromise the security of the Union at large. Thus,
whilst the power of modifying and changing their legislation at
pleasure was preserved in all the republics, they were forbidden to
enact ex post facto laws, or to create a class of nobles in their
community. *k Lastly, as it was necessary that the Federal Government
should be able to fulfil its engagements, it was endowed with an
unlimited power of levying taxes. *l
h
[ See Constitution, sect. 8; “Federalist,” Nos. 41 and 42; Kent’s
“Commentaries,” vol. i. p. 207; Story, pp. 358-382; Ibid. pp. 409-426.]
i
[ Several other privileges of the same kind exist, such as that which
empowers the Union to legislate on bankruptcy, to grant patents, and
other matters in which its intervention is clearly necessary.]
j
[ Even in these cases its interference is indirect. The Union
interferes by means of the tribunals, as will be hereafter shown.]
k
[ Federal Constitution, sect. 10, art. I.]
l
[ Constitution, sects. 8, 9, and 10; “Federalist,” Nos. 30-36,
inclusive, and 41-44; Kent’s “Commentaries,” vol. i. pp. 207 and 381;
Story, pp. 329 and 514.]
In examining the balance of power as established by the Federal
Constitution; in remarking on the one hand the portion of sovereignty
which has been reserved to the several States, and on the other the
share of power which the Union has assumed, it is evident that the
Federal legislators entertained the clearest and most accurate notions
on the nature of the centralization of government. The United States
form not only a republic, but a confederation; nevertheless the
authority of the nation is more central than it was in several of the
monarchies of Europe when the American Constitution was formed. Take,
for instance, the two following examples.
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