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
High Rank Of The Supreme Court Amongst The Great Powers Of State No
nation ever constituted so great a judicial power as the
Americans—Extent of its prerogative—Its political influence—The
tranquillity and the very existence of the Union depend on the
discretion of the seven Federal Judges.
When we have successively examined in detail the organization of the
Supreme Court, and the entire prerogatives which it exercises, we shall
readily admit that a more imposing judicial power was never constituted
by any people. The Supreme Court is placed at the head of all known
tribunals, both by the nature of its rights and the class of
justiciable parties which it controls.
In all the civilized countries of Europe the Government has always
shown the greatest repugnance to allow the cases to which it was itself
a party to be decided by the ordinary course of justice. This
repugnance naturally attains its utmost height in an absolute
Government; and, on the other hand, the privileges of the courts of
justice are extended with the increasing liberties of the people: but
no European nation has at present held that all judicial controversies,
without regard to their origin, can be decided by the judges of common
law.
In America this theory has been actually put in practice, and the
Supreme Court of the United States is the sole tribunal of the nation.
Its power extends to all the cases arising under laws and treaties made
by the executive and legislative authorities, to all cases of admiralty
and maritime jurisdiction, and in general to all points which affect
the law of nations. It may even be affirmed that, although its
constitution is essentially judicial, its prerogatives are almost
entirely political. Its sole object is to enforce the execution of the
laws of the Union; and the Union only regulates the relations of the
Government with the citizens, and of the nation with Foreign Powers:
the relations of citizens amongst themselves are almost exclusively
regulated by the sovereignty of the States.
A second and still greater cause of the preponderance of this court may
be adduced. In the nations of Europe the courts of justice are only
called upon to try the controversies of private individuals; but the
Supreme Court of the United States summons sovereign powers to its bar.
When the clerk of the court advances on the steps of the tribunal, and
simply says, “The State of New York versus the State of Ohio,” it is
impossible not to feel that the Court which he addresses is no ordinary
body; and when it is recollected that one of these parties represents
one million, and the other two millions of men, one is struck by the
responsibility of the seven judges whose decision is about to satisfy
or to disappoint so large a number of their fellow-citizens.
Public-domain text, read in full here on John Shaqi.
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