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
It is not always feasible to consult the whole people, either directly
or indirectly, in the formation of the law; but it cannot be denied
that, when such a measure is possible the authority of the law is very
much augmented. This popular origin, which impairs the excellence and
the wisdom of legislation, contributes prodigiously to increase its
power. There is an amazing strength in the expression of the
determination of a whole people, and when it declares itself the
imagination of those who are most inclined to contest it is overawed by
its authority. The truth of this fact is very well known by parties,
and they consequently strive to make out a majority whenever they can.
If they have not the greater number of voters on their side, they
assert that the true majority abstained from voting; and if they are
foiled even there, they have recourse to the body of those persons who
had no votes to give.
In the United States, except slaves, servants, and paupers in the
receipt of relief from the townships, there is no class of persons who
do not exercise the elective franchise, and who do not indirectly
contribute to make the laws. Those who design to attack the laws must
consequently either modify the opinion of the nation or trample upon
its decision.
A second reason, which is still more weighty, may be further adduced;
in the United States everyone is personally interested in enforcing the
obedience of the whole community to the law; for as the minority may
shortly rally the majority to its principles, it is interested in
professing that respect for the decrees of the legislator which it may
soon have occasion to claim for its own. However irksome an enactment
may be, the citizen of the United States complies with it, not only
because it is the work of the majority, but because it originates in
his own authority, and he regards it as a contract to which he is
himself a party.
In the United States, then, that numerous and turbulent multitude does
not exist which always looks upon the law as its natural enemy, and
accordingly surveys it with fear and with fear and with distrust. It is
impossible, on the other hand, not to perceive that all classes display
the utmost reliance upon the legislation of their country, and that
they are attached to it by a kind of parental affection.
Public-domain text, read in full here on John Shaqi.
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