[Democracy In America<br>Volume 1 (of 2) by Alexis de Toqueville]@TWC D-Link book
Democracy In America
Volume 1 (of 2)

CHAPTER VIII: The Federal Constitution--Part III
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53.] Political importance of the judiciary in the United States--Difficulty of treating this subject--Utility of judicial power in confederations--What tribunals could be introduced into the Union--Necessity of establishing federal courts of justice--Organization of the national judiciary--The Supreme Court--In what it differs from all known tribunals.
I have inquired into the legislative and executive power of the Union, and the judicial power now remains to be examined; but in this place I cannot conceal my fears from the reader.

Their judicial institutions exercise a great influence on the condition of the Anglo-Americans, and they occupy a prominent place amongst what are probably called political institutions: in this respect they are peculiarly deserving of our attention.

But I am at a loss to explain the political action of the American tribunals without entering into some technical details of their constitution and their forms of proceeding; and I know not how to descend to these minutiae without wearying the curiosity of the reader by the natural aridity of the subject, or without risking to fall into obscurity through a desire to be succinct.

I can scarcely hope to escape these various evils; for if I appear too lengthy to a man of the world, a lawyer may on the other hand complain of my brevity.

But these are the natural disadvantages of my subject, and more especially of the point which I am about to discuss.
The great difficulty was, not to devise the Constitution to the Federal Government, but to find out a method of enforcing its laws.


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