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
I have visited the two nations in which the system of provincial
liberty has been most perfectly established, and I have listened to the
opinions of different parties in those countries. In America I met with
men who secretly aspired to destroy the democratic institutions of the
Union; in England I found others who attacked the aristocracy openly,
but I know of no one who does not regard provincial independence as a
great benefit. In both countries I have heard a thousand different
causes assigned for the evils of the State, but the local system was
never mentioned amongst them. I have heard citizens attribute the power
and prosperity of their country to a multitude of reasons, but they all
placed the advantages of local institutions in the foremost rank. Am I
to suppose that when men who are naturally so divided on religious
opinions and on political theories agree on one point (and that one of
which they have daily experience), they are all in error? The only
nations which deny the utility of provincial liberties are those which
have fewest of them; in other words, those who are unacquainted with
the institution are the only persons who pass a censure upon it.
Chapter VI: Judicial Power In The United States
Chapter Summary
The Anglo-Americans have retained the characteristics of judicial power
which are common to all nations—They have, however, made it a powerful
political organ—How—In what the judicial system of the Anglo-Americans
differs from that of all other nations—Why the American judges have the
right of declaring the laws to be unconstitutional—How they use this
right—Precautions taken by the legislator to prevent its abuse.
Judicial Power In The United States And Its Influence On Political
Society.
I have thought it essential to devote a separate chapter to the
judicial authorities of the United States, lest their great political
importance should be lessened in the reader’s eyes by a merely
incidental mention of them. Confederations have existed in other
countries beside America, and republics have not been established upon
the shores of the New World alone; the representative system of
government has been adopted in several States of Europe, but I am not
aware that any nation of the globe has hitherto organized a judicial
power on the principle now adopted by the Americans. The judicial
organization of the United States is the institution which a stranger
has the greatest difficulty in understanding. He hears the authority of
a judge invoked in the political occurrences of every day, and he
naturally concludes that in the United States the judges are important
political functionaries; nevertheless, when he examines the nature of
the tribunals, they offer nothing which is contrary to the usual habits
and privileges of those bodies, and the magistrates seem to him to
interfere in public affairs of chance, but by a chance which recurs
every day.
Public-domain text, read in full here on John Shaqi.
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