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
Whenever the laws of the United States are attacked, or whenever they
are resorted to in self-defence, the Federal courts must be appealed
to. Thus the jurisdiction of the tribunals of the Union extends and
narrows its limits exactly in the same ratio as the sovereignty of the
Union augments or decreases. We have shown that the principal aim of
the legislators of 1789 was to divide the sovereign authority into two
parts. In the one they placed the control of all the general interests
of the Union, in the other the control of the special interests of its
component States. Their chief solicitude was to arm the Federal
Government with sufficient power to enable it to resist, within its
sphere, the encroachments of the several States. As for these
communities, the principle of independence within certain limits of
their own was adopted in their behalf; and they were concealed from the
inspection, and protected from the control, of the central Government.
In speaking of the division of authority, I observed that this latter
principle had not always been held sacred, since the States are
prevented from passing certain laws which apparently belong to their
own particular sphere of interest. When a State of the Union passes a
law of this kind, the citizens who are injured by its execution can
appeal to the Federal courts.
Thus the jurisdiction of the Federal courts extends not only to all the
cases which arise under the laws of the Union, but also to those which
arise under laws made by the several States in opposition to the
Constitution. The States are prohibited from making ex post facto laws
in criminal cases, and any person condemned by virtue of a law of this
kind can appeal to the judicial power of the Union. The States are
likewise prohibited from making laws which may have a tendency to
impair the obligations of contracts. *i If a citizen thinks that an
obligation of this kind is impaired by a law passed in his State, he
may refuse to obey it, and may appeal to the Federal courts. *j
i
[ It is perfectly clear, says Mr. Story (“Commentaries,” p. 503, or in
the large edition Section 1379), that any law which enlarges, abridges,
or in any manner changes the intention of the parties, resulting from
the stipulations in the contract, necessarily impairs it. He gives in
the same place a very long and careful definition of what is understood
by a contract in Federal jurisprudence. A grant made by the State to a
private individual, and accepted by him, is a contract, and cannot be
revoked by any future law. A charter granted by the State to a company
is a contract, and equally binding to the State as to the grantee. The
clause of the Constitution here referred to insures, therefore, the
existence of a great part of acquired rights, but not of all. Property
may legally be held, though it may not have passed into the possessor’s
hands by means of a contract; and its possession is an acquired right,
not guaranteed by the Federal Constitution.]
Public-domain text, read in full here on John Shaqi.
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