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 Senate not only differs from the other House in the principle which
it represents, but also in the mode of its election, in the term for
which it is chosen, and in the nature of its functions. The House of
Representatives is named by the people, the Senate by the legislators
of each State; the former is directly elected, the latter is elected by
an elected body; the term for which the representatives are chosen is
only two years, that of the senators is six. The functions of the House
of Representatives are purely legislative, and the only share it takes
in the judicial power is in the impeachment of public officers. The
Senate co-operates in the work of legislation, and tries those
political offences which the House of Representatives submits to its
decision. It also acts as the great executive council of the nation;
the treaties which are concluded by the President must be ratified by
the Senate, and the appointments he may make must be definitely
approved by the same body. *o
o
[ See “The Federalist,” Nos. 52-56, inclusive; Story, pp. 199-314;
Constitution of the United States, sects. 2 and 3.] The Executive Power
*p
p
[ See “The Federalist,” Nos. 67-77; Constitution of the United States,
art. 2; Story, p. 315, pp. 615-780; Kent’s “Commentaries,” p. 255.]
Dependence of the President—He is elective and responsible—He is free
to act in his own sphere under the inspection, but not under the
direction, of the Senate—His salary fixed at his entry into
office—Suspensive veto.
The American legislators undertook a difficult task in attempting to
create an executive power dependent on the majority of the people, and
nevertheless sufficiently strong to act without restraint in its own
sphere. It was indispensable to the maintenance of the republican form
of government that the representative of the executive power should be
subject to the will of the nation.
The President is an elective magistrate. His honor, his property, his
liberty, and his life are the securities which the people has for the
temperate use of his power. But in the exercise of his authority he
cannot be said to be perfectly independent; the Senate takes cognizance
of his relations with foreign powers, and of the distribution of public
appointments, so that he can neither be bribed nor can he employ the
means of corruption. The legislators of the Union acknowledged that the
executive power would be incompetent to fulfil its task with dignity
and utility, unless it enjoyed a greater degree of stability and of
strength than had been granted to it in the separate States.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account