[Democracy In America Volume 1 (of 2) by Alexis de Toqueville]@TWC D-Link bookDemocracy In America Volume 1 (of 2) CHAPTER VIII: The Federal Constitution--Part III 9/24
The Americans form one people in relation to their Federal Government; but in the bosom of this people divers political bodies have been allowed to subsist which are dependent on the national Government in a few points, and independent in all the rest; which have all a distinct origin, maxims peculiar to themselves, and special means of carrying on their affairs.
To entrust the execution of the laws of the Union to tribunals instituted by these political bodies would be to allow foreign judges to preside over the nation.
Nay, more; not only is each State foreign to the Union at large, but it is in perpetual opposition to the common interests, since whatever authority the Union loses turns to the advantage of the States. Thus to enforce the laws of the Union by means of the tribunals of the States would be to allow not only foreign but partial judges to preside over the nation. [Footnote c: Federal laws are those which most require courts of justice, and those at the same time which have most rarely established them.
The reason is that confederations have usually been formed by independent States, which entertained no real intention of obeying the central Government, and which very readily ceded the right of command to the federal executive, and very prudently reserved the right of non-compliance to themselves.] But the number, still more than the mere character, of the tribunals of the States rendered them unfit for the service of the nation.
When the Federal Constitution was formed there were already thirteen courts of justice in the United States which decided causes without appeal.
<<Back Index Next>> D-Link book Top TWC mobile books
|