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
In the Constitutions of all the States the judicial power is that which
remains the most independent of the legislative authority;
nevertheless, in all the States the Legislature has reserved to itself
the right of regulating the emoluments of the judges, a practice which
necessarily subjects these magistrates to its immediate influence. In
some States the judges are only temporarily appointed, which deprives
them of a great portion of their power and their freedom. In others the
legislative and judicial powers are entirely confounded; thus the
Senate of New York, for instance, constitutes in certain cases the
Superior Court of the State. The Federal Constitution, on the other
hand, carefully separates the judicial authority from all external
influences; and it provides for the independence of the judges, by
declaring that their salary shall not be altered, and that their
functions shall be inalienable.
The practical consequences of these different systems may easily be
perceived. An attentive observer will soon remark that the business of
the Union is incomparably better conducted than that of any individual
State. The conduct of the Federal Government is more fair and more
temperate than that of the States, its designs are more fraught with
wisdom, its projects are more durable and more skilfully combined, its
measures are put into execution with more vigor and consistency.
I recapitulate the substance of this chapter in a few words: The
existence of democracies is threatened by two dangers, viz., the
complete subjection of the legislative body to the caprices of the
electoral body, and the concentration of all the powers of the
Government in the legislative authority. The growth of these evils has
been encouraged by the policy of the legislators of the States, but it
has been resisted by the legislators of the Union by every means which
lay within their control.
Characteristics Which Distinguish The Federal Constitution Of The
United States Of America From All Other Federal Constitutions American
Union appears to resemble all other confederations—Nevertheless its
effects are different—Reason of this—Distinctions between the Union and
all other confederations—The American Government not a federal but an
imperfect national Government.
Public-domain text, read in full here on John Shaqi.
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