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 President is chosen for four years, and he may be reelected; so
that the chances of a prolonged administration may inspire him with
hopeful undertakings for the public good, and with the means of
carrying them into execution. The President was made the sole
representative of the executive power of the Union, and care was taken
not to render his decisions subordinate to the vote of a council—a
dangerous measure, which tends at the same time to clog the action of
the Government and to diminish its responsibility. The Senate has the
right of annulling g certain acts of the President; but it cannot
compel him to take any steps, nor does it participate in the exercise
of the executive power.
The action of the legislature on the executive power may be direct; and
we have just shown that the Americans carefully obviated this
influence; but it may, on the other hand, be indirect. Public
assemblies which have the power of depriving an officer of state of his
salary encroach upon his independence; and as they are free to make the
laws, it is to be feared lest they should gradually appropriate to
themselves a portion of that authority which the Constitution had
vested in his hands. This dependence of the executive power is one of
the defects inherent in republican constitutions. The Americans have
not been able to counteract the tendency which legislative assemblies
have to get possession of the government, but they have rendered this
propensity less irresistible. The salary of the President is fixed, at
the time of his entering upon office, for the whole period of his
magistracy. The President is, moreover, provided with a suspensive
veto, which allows him to oppose the passing of such laws as might
destroy the portion of independence which the Constitution awards him.
The struggle between the President and the legislature must always be
an unequal one, since the latter is certain of bearing down all
resistance by persevering in its plans; but the suspensive veto forces
it at least to reconsider the matter, and, if the motion be persisted
in, it must then be backed by a majority of two-thirds of the whole
house. The veto is, in fact, a sort of appeal to the people. The
executive power, which, without this security, might have been secretly
oppressed, adopts this means of pleading its cause and stating its
motives. But if the legislature is certain of overpowering all
resistance by persevering in its plans, I reply, that in the
constitutions of all nations, of whatever kind they may be, a certain
point exists at which the legislator is obliged to have recourse to the
good sense and the virtue of his fellow-citizens. This point is more
prominent and more discoverable in republics, whilst it is more remote
and more carefully concealed in monarchies, but it always exists
somewhere. There is no country in the world in which everything can be
provided for by the laws, or in which political institutions can prove
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