Democracy in America

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“The very Deity itself both keepeth and requireth for ever this to be kept as a law, that wheresoever there is a coagmentation of many, the lowest be knit unto the highest by that which, being interjacent, may cause each to cleave to the other, and so all to continue one. This order of things in public societies is the work of policy, and the proper instrument thereof in every degree is Power; Power being that ability which we have of ourselves, or receive from others for performance of any action.”—Hooker.



TABLE OF CONTENTS


OF


THE FIRST VOLUME.



Page.
Translator's Preface v
Introduction xiii
 
CHAPTER I.
Exterior form of North America 1
 
CHAPTER II.
Origin of the Anglo-Americans, and its importance in relation to their future condition 16
   Reasons of certain anomalies which the laws and customs of the Anglo-Americans present 46
 
CHAPTER III.
Social condition of the Anglo-Americans 49
The striking characteristic of the social condition of the Anglo-Americans is its essential Democracy ib.
Political consequences of the social condition of the Anglo-Americans 61
 
CHAPTER IV.
The principle of the sovereignty of the people in America 64
 
CHAPTER V.
Necessity of examining the condition of the States before that of the Union at large 69
   The American system of townships and municipal bodies 71
Limits of the townships 74
Authorities of the township in New England 75
Existence of the township 79
Public spirit of the townships of New England 82
The counties of New England 86
Administration in New England 88
General remarks on the Administration of the United States 103
Of the State 110
Legislative power of the State 111
The executive power of the State 113
Political effects of the system of local administration in the United States 115
 
CHAPTER VI.
Judicial power in the United States, and its influence on political society 135
Other powers granted to the American Judges 144
 
CHAPTER VII.
Political jurisdiction in the United States 148
 
CHAPTER VIII.
The Federal Constitution 157
   History of the Federal Constitution ib.
Summary of the Federal Constitution 161
Prerogative of the Federal Government 163
Federal Powers 166
Legislative Powers ib.
A further difference between the Senate and the House of Representatives 171
The executive power 172
Differences between the position of the President of the United States and that of a Constitutional King of France 175
Accidental causes which may increase the influence of the Executive Government 180
Why the President of the United States does not require the majority of the two Houses in order to carry on the Government 182
Election of the President 184
Mode of election 191
Crisis of the election 196
Re-election of the President 199
Federal Courts 203
Means of determining the jurisdiction of the Federal Courts 208
Different cases of jurisdiction 211
Procedure of the Federal Courts 219
High rank of the Supreme Courts amongst the great powers of the State 223
In what respects the Federal Constitution is superior to that of the States 227
   Characteristics which distinguish the Federal Constitution of the United States of America from all other Federal Constitutions 233
Advantages of the Federal system in general, and its special utility in America 239
Why the Federal system is not adapted to all peoples, and how the Anglo-Americans were enabled to adopt it 249
Appendix 263
The Constitution of the United States 293
The Constitution of the State of New York 313



DEMOCRACY IN AMERICA.



BY


ALEXIS DE TOCQUEVILLE,

AVOCAT À LA COUR ROYALE DE PARIS,
ETC., ETC.


TRANSLATED BY


HENRY REEVE, Esq.


IN TWO VOLUMES.

VOL. I.


LONDON:

SAUNDERS AND OTLEY, CONDUIT STREET.

1835.