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
But by introducing the principle of re-election they partly destroyed
their work; and they rendered the President but little inclined to
exert the great power they had vested in his hands. If ineligible a
second time, the President would be far from independent of the people,
for his responsibility would not be lessened; but the favor of the
people would not be so necessary to him as to induce him to court it by
humoring its desires. If re-eligible (and this is more especially true
at the present day, when political morality is relaxed, and when great
men are rare), the President of the United States becomes an easy tool
in the hands of the majority. He adopts its likings and its
animosities, he hastens to anticipate its wishes, he forestalls its
complaints, he yields to its idlest cravings, and instead of guiding
it, as the legislature intended that he should do, he is ever ready to
follow its bidding. Thus, in order not to deprive the State of the
talents of an individual, those talents have been rendered almost
useless; and to reserve an expedient for extraordinary perils, the
country has been exposed to daily dangers.
Federal Courts *b
b
[ See chap. VI, entitled “Judicial Power in the United States.” This
chapter explains the general principles of the American theory of
judicial institutions. See also the Federal Constitution, Art. 3. See
“The Federalists,” Nos. 78-83, inclusive; and a work entitled
“Constitutional Law,” being a view of the practice and jurisdiction of
the courts of the United States, by Thomas Sergeant. See Story, pp.
134, 162, 489, 511, 581, 668; and the organic law of September 24,
1789, in the “Collection of the Laws of the United States,” by Story,
vol. i. p. 53.]
Political importance of the judiciary in the United States—Difficulty
of treating this subject—Utility of judicial power in
confederations—What tribunals could be introduced into the
Union—Necessity of establishing federal courts of justice—Organization
of the national judiciary—The Supreme Court—In what it differs from all
known tribunals.
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