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 America the authority exercised by the legislative bodies is
supreme; nothing prevents them from accomplishing their wishes with
celerity, and with irresistible power, whilst they are supplied by new
representatives every year. That is to say, the circumstances which
contribute most powerfully to democratic instability, and which admit
of the free application of caprice to every object in the State, are
here in full operation. In conformity with this principle, America is,
at the present day, the country in the world where laws last the
shortest time. Almost all the American constitutions have been amended
within the course of thirty years: there is therefore not a single
American State which has not modified the principles of its legislation
in that lapse of time. As for the laws themselves, a single glance upon
the archives of the different States of the Union suffices to convince
one that in America the activity of the legislator never slackens. Not
that the American democracy is naturally less stable than any other,
but that it is allowed to follow its capricious propensities in the
formation of the laws. *b
b
[ The legislative acts promulgated by the State of Massachusetts alone,
from the year 1780 to the present time, already fill three stout
volumes; and it must not be forgotten that the collection to which I
allude was published in 1823, when many old laws which had fallen into
disuse were omitted. The State of Massachusetts, which is not more
populous than a department of France, may be considered as the most
stable, the most consistent, and the most sagacious in its undertakings
of the whole Union.]
The omnipotence of the majority, and the rapid as well as absolute
manner in which its decisions are executed in the United States, has
not only the effect of rendering the law unstable, but it exercises the
same influence upon the execution of the law and the conduct of the
public administration. As the majority is the only power which it is
important to court, all its projects are taken up with the greatest
ardor, but no sooner is its attention distracted than all this ardor
ceases; whilst in the free States of Europe the administration is at
once independent and secure, so that the projects of the legislature
are put into execution, although its immediate attention may be
directed to other objects.
In America certain ameliorations are undertaken with much more zeal and
activity than elsewhere; in Europe the same ends are promoted by much
less social effort, more continuously applied.
Public-domain text, read in full here on John Shaqi.
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