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
Time and experience, however, have convinced the Americans that if
these are its only advantages, the division of the legislative power is
still a principle of the greatest necessity. Pennsylvania was the only
one of the United States which at first attempted to establish a single
House of Assembly, and Franklin himself was so far carried away by the
necessary consequences of the principle of the sovereignty of the
people as to have concurred in the measure; but the Pennsylvanians were
soon obliged to change the law, and to create two Houses. Thus the
principle of the division of the legislative power was finally
established, and its necessity may henceforward be regarded as a
demonstrated truth. This theory, which was nearly unknown to the
republics of antiquity—which was introduced into the world almost by
accident, like so many other great truths—and misunderstood by several
modern nations, is at length become an axiom in the political science
of the present age.
[See Benjamin Franklin]
The Executive Power Of The State
Office of Governor in an American State—The place he occupies in
relation to the Legislature—His rights and his duties—His dependence on
the people.
The executive power of the State may with truth be said to be
represented by the Governor, although he enjoys but a portion of its
rights. The supreme magistrate, under the title of Governor, is the
official moderator and counsellor of the legislature. He is armed with
a veto or suspensive power, which allows him to stop, or at least to
retard, its movements at pleasure. He lays the wants of the country
before the legislative body, and points out the means which he thinks
may be usefully employed in providing for them; he is the natural
executor of its decrees in all the undertakings which interest the
nation at large. *o In the absence of the legislature, the Governor is
bound to take all necessary steps to guard the State against violent
shocks and unforeseen dangers. The whole military power of the State is
at the disposal of the Governor. He is the commander of the militia,
and head of the armed force. When the authority, which is by general
consent awarded to the laws, is disregarded, the Governor puts himself
at the head of the armed force of the State, to quell resistance, and
to restore order. Lastly, the Governor takes no share in the
administration of townships and counties, except it be indirectly in
the nomination of Justices of the Peace, which nomination he has not
the power to cancel. *p The Governor is an elected magistrate, and is
generally chosen for one or two years only; so that he always continues
to be strictly dependent upon the majority who returned him.
o
[ Practically speaking, it is not always the Governor who executes the
plans of the Legislature; it often happens that the latter, in voting a
measure, names special agents to superintend the execution of it.]
p
[ In some of the States the justices of the peace are not elected by
the Governor.]
Public-domain text, read in full here on John Shaqi.
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