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
What, then, is the uniform plan on which the government is conducted,
and how is the compliance of the counties and their magistrates or the
townships and their officers enforced? In the States of New England the
legislative authority embraces more subjects than it does in France;
the legislator penetrates to the very core of the administration; the
law descends to the most minute details; the same enactment prescribes
the principle and the method of its application, and thus imposes a
multitude of strict and rigorously defined obligations on the secondary
functionaries of the State. The consequence of this is that if all the
secondary functionaries of the administration conform to the law,
society in all its branches proceeds with the greatest uniformity: the
difficulty remains of compelling the secondary functionaries of the
administration to conform to the law. It may be affirmed that, in
general, society has only two methods of enforcing the execution of the
laws at its disposal: a discretionary power may be entrusted to a
superior functionary of directing all the others, and of cashiering
them in case of disobedience; or the courts of justice may be
authorized to inflict judicial penalties on the offender: but these two
methods are not always available.
The right of directing a civil officer presupposes that of cashiering
him if he does not obey orders, and of rewarding him by promotion if he
fulfils his duties with propriety. But an elected magistrate can
neither be cashiered nor promoted. All elective functions are
inalienable until their term is expired. In fact, the elected
magistrate has nothing either to expect or to fear from his
constituents; and when all public offices are filled by ballot there
can be no series of official dignities, because the double right of
commanding and of enforcing obedience can never be vested in the same
individual, and because the power of issuing an order can never be
joined to that of inflicting a punishment or bestowing a reward.
Public-domain text, read in full here on John Shaqi.
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