Democracy in America Summary

8/19/2019 Democracy in America Summary

1/38

Democracy in America Summary

The project Tocqueville undertook in writing Democracy in America was a highly ambitious one.

Having seen the failed attempts at democratic government in his native France he wanted to study a

stable and prosperous democracy to gain insights into how it worked. His studies had led him to

conclude that the movement toward democracy and equality of conditions while it had progressed the

farthest in America was a universal phenomenon and a permanent historical tendency that could not

be stopped. !ince this democratic trend was inevitable Tocqueville wanted to analy"e it in order to

determine its strengths and dangers so that governments could be formed to reinforce democracy#s

strengths while counteracting its weaknesses. Therefore while Democracy in America may at times

seem to be a rather disorgani"ed collection of observations and thoughts on American democracy it is

possible to gain a coherent sense of the work as a whole by looking at all of Tocqueville#s various and

sundry remarks through the lens of one paramount theme$ the preservation of liberty in the midst of a

growing equality of conditions. %olume &ne the more optimistic half of the book focuses mostly on

the structure of government and the institutions that help to maintain freedom in American society.

%olume Two focuses much more on individuals and the effects of the democratic mentality on the

thoughts and mores prevalent in society. Taking the work as a whole one finds that main problems of

a democracy are the following$ a disproportionately high portion of power in the legislative branch an

abuse of or lack of love for freedom an e'cessive drive for equality individualism and materialism.The elements that Tocqueville believes can most successfully combat these dangerous democratic

tendencies are$ an independent and influential judiciary a strong e'ecutive branch local self(

government administrative de(centrali"ation religion well(educated women freedom of association

and freedom of the press.

First let us e'amine the dangers that Tocqueville sees facing American democracy. )ost of the

problems lie in societal attitudes and tendencies but there are a few institutional difficulties as well.

The first of these is the preponderance of legislative power. *ecause the legislature is most directly

representative of the will of the people democracies tend to give it the most power of all the

governmental branches. +et if there are not sufficient checks on this power it can easily become

tyrannical. A related constitutional issue that weakens the independence of the e'ecutive and therefore

indirectly increases the power of the legislature is the ability of the president to be re(elected. At first

glance it is not obvious why this feature of American government weakens the president#s power. ,twould seem in fact to increase his influence by allowing him to remain in office longer. The problem

is that if the -resident has hopes of being re(elected he will lose much of his ability to make

independent decisions based on his judgments. ,nstead he will have to bow to the whims of the

people constantly trying to make them happy although they may not have the knowledge to judge

what the best action for the country as a whole might be. ,ndirectly therefore allowing the -resident

to run for re(election increases the danger of the tyranny of the majority. Another problem with the

constitutional organi"ation of American democracy is the direct election of representatives and the

short duration of their time in office. These provisions result in the selection of a mediocre body of

representatives as well as in the inability of representatives to act according to their best judgment

since they must constantly be worrying about public opinion. *y contrast the !enate whose members

are elected indirectly and serve longer terms in office is composed of intelligent and well(educated

citi"ens. -erhaps it will be necessary to switch to a system of indirect election for representatives aswell. &therwise the laws will continue to be mediocre and often contradictory. ,f the state of affairs

continues people may tire of the ineptitude of the system and abandon democracy all together.

The overriding but more intangible danger facing democracies is simply their e'cessive love for

equality. ,n fact even the institutional problems are really only symptoms of this deeper mindset

which all democratic peoples tend to have. The doctrine of the sovereignty of the people and the

power of public opinion are corollaries to the idea of equality. ,f all are equal then no one person has

any basis to claim the right to rule over another. The only just way to run a society therefore is to

base decisions on the will of the majority. +et the problem with this idea is that it can quite easily lead

to despotism. Despotism can come at the hands of a single person or a multitude. ,n the case of a

democracy there is a grave danger that the majority will become despotic. ,f there are no checks on

the power of the majority to influence the government then it will have absolute power and those in

the minority will be helpless to resist. -erhaps even more insidious is the sheer moral force that that

the opinion of the majority has on society. As it has already been noted if all are equal then no one

1 | P a g e

http://www.gradesaver.com/democracy-in-americahttp://www.gradesaver.com/democracy-in-america


2/38

opinion has greater weight than another. The logical conclusion is that the opinion held by the

majority must be the best one. As a result there is a tendency to abandon freedom of thought in

democratic societies. oing against the opinion of the majority is seen as an indirect claim to the

superiority of one#s own opinion which is directly contradictory to the principle of equality. This form

of tyranny therefore can be seen as even worse than past tyrannies which involved great physical

coercion and brutality. ,n a powerful passage in /hapter 0 Tocqueville states 1Formerly tyranny used

the clumsy weapons of chains and hangmen2 nowadays even despotism though it seemed to have

nothing to learn has been perfected by civili"ation. . . . 3nder the absolute government of a single

man despotism to reach the soul clumsily struck at the body and the soul escaping from such

glows rose gloriously above it2 but in democratic republics that is not at all how tyranny behaves2 it

leaves the body alone and goes straight for the soul.1

Two other side(effects of equality4both of which also increase the likelihood of despotism4are

individualism and materialism. As Tocqueville points out 1individualism is of democratic origin and

threatens to grow as conditions get more equal.1 The reason for this phenomenon is that equality tends

to make people#s interests focus in on themselves. There are no societal bonds or duties as there are in

an aristocracy which link people together and force them to reali"e their dependence on one another.

,ndividualism can contribute to the growth of despotism because if citi"ens become too individualisticthey will not bother to fulfill their civic duties or e'ercise their freedom. )aterialism results from a

passion for equality because people think that they ought to be able to have as much wealth as

everyone else. ,ndirectly materialism also comes from the philosophical tendency fostered by

democracies to disdain lofty ideas or thoughts of eternity. The effect of materialism is that people may

be so absorbed in their personal pursuit of wealth that they neglect to use their political freedom.

Further people may actually willingly abandon their freedom in order to have a benevolent

despotism which can provide an orderly society and ensure material prosperity.

Fortunately however Tocqueville does recogni"e the e'istence of institutions which can help to

preserve liberty even in the midst of these despotic tendencies. /onstitutionally the independent

judiciary with the power of judicial review is e'tremely important. *ecause it can proclaim certain

laws unconstitutional the !upreme /ourt provides practically the only check on the tyranny of the

majority. 5udges are appointed not elected and they serve life terms giving them a great deal of independence to make the decisions that they think best without needing to worry e'cessively about

public opinion. A related beneficial institution in the American system is the jury. 6hile juries may

not always be the best means of attaining justice they serve a very positive political function of

forcing the citi"ens to think about other people#s affairs and educating them in the use of their

freedom. For these reasons Tocqueville believes that the jury system is 1one of the most effective

means of popular education1 7/hapter 89. )uch like the jury system the administrative

decentrali"ation which allows for local self(government is absolutely crucial as a means to keep

liberty alive by allowing the citi"ens to e'ercise it frequently. The e'istence of local liberties is one of

the most significant differences between America and France. Tocqueville attributes the failure of the

French :evolution mainly to the overwhelming administrative centrali"ation which took away the

citi"ens# ability to e'ercise their freedom making them lose a taste for it and forget how to e'ercise it.

;on(institutional factors which help to maintain freedom in the 3nited !tates are the right of association the freedom of the press and most importantly religion. Associations are an e'cellent tool

to combat individualism and to allow people to e'ercise their freedom by taking a part in politics. The

press is intimately connected to associations in that associations need a means of communicating with

their members and also a means of spreading their message to the public as a whole. ,n America

religion is much more than another type of association and is highly beneficial both politically and

societally. :eligion teaches people how to use their freedom well. !ince the government provides no

absolute standards it is necessary that religion provide some moral boundaries. As Tocqueville

remarks 1Despotism may be able to do without faith but freedom cannot. . . . How could a society

escape destruction if when political ties are rela'ed moral ties are not tightened< And what can be

done with a people master of itself if it is not subject to od


3/38

and eternal. !o strongly does Tocqueville see the necessity for such a force in democratic society that

he warns society#s leaders not to try to disturb the people#s faith for fear that 1the soul may for a

moment be found empty of faith and love of physical pleasures come and spread and fill all.1

&ne can clearly see that most if not all of the divergent strands of Democracy in America come

together when e'amining the relationship between freedom and equality in society. Above all

Tocqueville has a passionate love for liberty and is concerned to point out the dangerous trends that

threaten to destroy it as well as the means by which it can be preserved. ,n the last few lines of the

book Tocqueville writes 1The nations of our day cannot prevent conditions of equality from

spreading in their midst. *ut it depends upon themselves whether equality is to lead to servitude or

freedom knowledge or barbarism prosperity or wretchedness.1 Tocqueville#s hope is that through the

insights he has communicated in this work humanity will be better able direct themselves toward

freedom knowledge and prosperity.

Democracy in America Summary and Analysis of Vol. I, Part 1, Chapters 1-5

Chapter 1: Physical Confiuration of !orth America

Tocqueville begins within almost poetic description of the geographical layout of ;orth America.

There are two regions bordered on the north by the pole and on the south by the equator and

separated in the middle by the reat >akes. The region more suitable for human habitation is thesouthern one because it has more natural divisions. The )ississippi :iver valley still a largely

uninhabited wilderness 1is the most magnificent habitation ever prepared by od for man.1 The areas

east of the Alleghenies where the population is concentrated are much less suitable for agriculture.

6hen settlers first went to America it was not completely uninhabited. The native tribes had a unique

social organi"ation which was rudimentary and coarse in comparison to ?urope but which had a

particular dignity as well. Though they were ignorant they were not servile like many of the poor in

aristocratic countries. :emains of previous civili"ations have been found but no one knows anything

about them. *ecause the ,ndians were hunters they did not actually possess the land. &ne gains

possession of land through agriculture. The area around the )ississippi and in the plains is so well(

suited for trade and industry that civili"ed man was destined to build a society there.

Analysis

Although it is straightforward and mostly descriptive this first chapter still provides a few insightsinto key themes of Tocqueville#s philosophy. First of all the notion of a divine plan guiding history4a

crucial underlying assumption of Tocqueville#s thought4is evident. Tocqueville speaks of the

)ississippi valley as 1prepared by od for man1 and asserts that the ?uropean conquest of ,ndian

territory was destined by -rovidence.

!ome of Tocqueville#s ideas about inequality and aristocracy also begin to surface when Tocqueville

speaks about the ,ndians. He contrasts their simple dignity with the 1coarseness of the common

people1 in civili"ed countries e'plaining that this coarseness is e'acerbated by contact with the upper

classes. The reason for this phenomenon is that 1where there are such rich and powerful men the poor

and weak feel themselves weighed down by their inferiority2 seeing no prospect of gaining equality

they quite give up hope for themselves and allow themselves to fall below the proper dignity of

mankind.1 &n the other hand though the ,ndians may be 1poor and ignorant1 they are also 1equal and

free.1 These comments point to Tocqueville#s later more developed analysis of the continual growthin equality of conditions its benefits and drawbacks and in particular its often problematic relation to

freedom. These ideas are discussed at length in %olume ,, -art ,, but are constantly alluded to and

almost taken for granted throughout the book.

Chapter ": Concernin #heir Point of Departure and its Importance for the $uture of the

Anlo-Americans

&ne needs to understand the origin of a nation in order to understand its social conditions and laws.

America is the only great nation for which we can see the origins. This chapter is important because it

1provides the germ of all that is to follow.1

,mmigrants to America all shared a common language. ,n addition their ?nglish heritage provided

them with the knowledge and e'perience of local self(government and the idea of the sovereignty of

the people was deeply rooted in the Tudor monarchy. *ecause of religious influences the people had

chaste mores.

3 | P a g e


4/38

The land in America is not suitable for aristocracy because it is too difficult to handle and not fertile

enough to provide enough support for both a landlord and tenant. As result a large middle class

formed.

There are two branches of colonies$ the !outh and the ;orth. The !outh began with %irginian settlers

who were in search of gold and profit. These settlers had generally low moral standards and almost

immediately established slavery. These factors e'plain the mores and social conditions in the !outh.

,n the ;orth all the immigrants came from educated classes. They left the comforts of home because

of their belief in -uritanism which is not just a religious doctrine but also contains the most absolute

democratic theories. The -ilgrims established an orderly society immediately upon landing in @BC

and the colony grew rapidly because of continued immigration. ,t was 1a society homogeneous in all

its parts1 the most perfect democracy that ever e'isted.

The ?nglish government encouraged the colonists and was actually glad that they left ?ngland

because they were seen as potential revolutionaries. The colonies enjoyed great internal freedom. The

settlers did not deny ?ngland#s rule but they did not take their internal ruling power from ?ngland.

They organi"ed themselves independently.

/riminal law in ;ew ?ngland was based on *iblical moral codes. The laws were e'tremely strict and

invasive. However these were self(imposed and freely agreed upon. The people#s mores were even

more austere than their laws.The political laws were well ahead of their time and included such features as participation of the

people in public affairs individual freedom trial by jury etc. There was almost perfect equality of

wealth and intellect among the citi"ens. 6hile the state was officially a monarchy local independence

flourished and each township was organi"ed as a republic.

The laws demonstrated great knowledge of advanced social and political theory. They included

provisions for the poor and public education 7on the grounds that ignorance is an ally of the Devil9. ,n

this way the spirit of religion and the spirit of freedom were combined. ,n the sphere of morality

everything was absolute but in the sphere of politics everything was open to debate. As a result

religion and political freedom mutually supported one another. :eligion is better off if it gains support

without state coercion and political freedom is strengthened by religion because it helps to create and

maintain good mores which are necessary for the responsible use of freedom.

%easons for Some Peculiarities in the &a's and Customs of the Anlo-Americans&ne needs to distinguish between elements of -uritan origin and elements of ?nglish origin. There are

some laws in America which do not seem to fit their ideology but which are simply a result of

?nglish influence. !uch laws provide a slight aristocratic element.

Analysis

This chapter provides an introduction to two of the central themes of the work$ the e'treme equality of

conditions and its relation to political freedom and the importance of religion for the maintenance of

freedom.

Tocqueville believes that history progresses with the inevitable growth of equality of conditions and

he sees America as the furthest progression of this growth. The e'traordinary level of equality can be

both a help and a hindrance to freedom. &n the one hand one cannot have complete equality without

complete freedom 7see %olume ,, -art ,, /hapter ,,9. +et at the same time Tocqueville recogni"es

that in almost every situation freedom is endangered by an overly ardent passion for equality. Thereason that freedom and equality have been able to coe'ist in America is the e'istence of deeply

rooted local self(government which provides the citi"ens with a means for e'ercising their freedom.

The crucial importance of these local liberties is discussed in detail in /hapter %olume @.

Another key factor that has allowed America to maintain freedom is the influence of religion. ood

mores4or the habits customs and values of a society4are crucial especially in a democracy precisely

because there is so much freedom and people tend to adopt a relativistic attitude. :eligion is the best

means of preserving wholesome mores and teaching people how to use their freedom well. As

Tocqueville writes 1Freedom sees religion as the companion of its struggles and triumphs the cradle

of its infancy the companion of its struggles and triumphs the cradle of its infancy and the divine

source of its rights. :eligion is considered the guardian of mores and mores are regarded as the

guarantee of the laws and pledge for the maintenance of freedom itself.1 Tocqueville speaks at length

about this idea in /hapter = %olume @.

4 | P a g e


5/38

Tocqueville also briefly addresses the topic of separation of church and state. This separation is

mutually beneficial for both the church and state. ,n Tocqueville#s view which he elaborates in The

&ld :egime and the French :evolution the reason for the struggles between the church and state in

France was precisely the unnatural combination of the two before the French :evolution.

Chapter (: Social State of the Anlo-Americans

#he Stri)in $eature in the Social Condition of the Anlo-Americans is that it is *ssentially

Democratic

The social state is the primary cause of most laws and in America the social state is 1eminently

democratic.1 There was a high degree of equality among immigrants and people are respected on the

basis of intellect and virtue.

The !outh has rich landowners and slaves but is not quite an aristocracy because there are no

aristocratic privileges.

The laws of inheritance in America yielded the final advance of equality. ,f inheritance law requires

equal sharing of property among the children the land will be continually broken up and great landed

fortunes will be nearly impossible to sustain. The connection between the land and the family name

which e'ists when there are laws of primogeniture is eradicated. As a result wealth circulates in

America with great rapidity.

There is not only equality in wealth but also equality in education. ;one are totally ignorant and feware highly educated. There is no class with both the taste and leisure for intellectual pleasures. This

state of affairs creates a 1middling standard.1 There is no aristocratic element in the society.

Political Conse+uences of the Social State of the Anlo-Americans

For equality in the political sphere either every citi"en or no citi"en can have rights. The passion for

equality often overrides the desire for freedom2 consequently people often surrender freedom for the

sake of equality.

Analysis

This chapter essentially continues to e'plain the equality that e'ists in America and the tension

between equality and freedom. A negative element of equality which Tocqueville mentions briefly is

its tendency to act as a leveler bringing down those who would in a more aristocratic society become

outstanding individuals. 6hile Tocqueville is saddened by this loss he sees it as inevitable. The

second more serious danger of the democratic passion for equality is its tendency to be pursued at thecost of liberty. Tocqueville will speak later on in the book about the specific dangers of the tyranny of

the majority and democratic despotism. 7!ee %olume @$ /hapter 02 %olume B$ -art ,, /hapter @2 -art

,% /hapter 9

Chapter : #he Principle of the Soereinty of the People in America

The sovereignty of the people is recogni"ed by both mores and laws in America. ,n the colonies this

principle spread secretly within the provincial assemblies. 6ith the advent of the :evolution the

dogma of the sovereignty of the people took possession of the government and was coded into law.

The upper classes acquiesced to this principle in order to gain the goodwill of the people and enacted

legislation which strengthened it. %oting qualifications were progressively eradicated. ,n America the

people really do rule.

Analysis

:ecogni"ing the sovereignty of the people is essential for a democratic government. The Americanshave done this and followed this principle to its logical conclusions to an e'traordinary degree largely

as a result of their strong passion for equality. This principle can become dangerous however in that

it may lead to a tyranny of the majority.

Chapter 5: #he !eed to Study hat /appens in the States 0efore Discussin the oernment of

the 2nion

#he American System of #o'nships

There are really two separate governments in America the state government and the federal

government even to the e'tent that there almost seem to be twenty(four little sovereign nations.

*ecause of the limited and specific scope of action of the federal government the state government is

the normal authority. The states were the original center of power and the place where American

political principles were formed.

There are three centers of power in the state$ the township the country and the state. The township is

rooted in nature and in man#s natural sociability. *ut local freedom is rare hard to establish and highly

5 | P a g e

http://www.gradesaver.com/in-americahttp://www.gradesaver.com/in-americahttp://www.gradesaver.com/the-americanhttp://www.gradesaver.com/in-americahttp://www.gradesaver.com/the-american


6/38

vulnerable to being lost. To survive freedom needs to be entrenched in mores. This type of freedom is

very elusive. ;o one in ?urope understands it. +et this freedom is absolutely essential and is the

people#s strength. The only means for a nation to have true freedom is through local institutions. ;ew

?ngland is an e'cellent e'ample because it has local liberties which are deeply rooted in tradition law

and mores.

Po'ers of the !e' *nland #o'nship

The township is the place where the people most directly e'ercise power to rule. Administrative duties

are in the hands of a few men called 1selectmen1 elected on a yearly basis. !electmen generally act

on already established principles agreed upon by the majority. To change anything they need summon

all the voters by calling a town meeting

)any other municipal officials are elected to perform the various town duties. There are nineteen

main officials and all citi"ens are bound to accept these positions if elected.

&ife in the #o'nship

,n America the principles of sovereignty and equality of the people are supreme. An American obeys

society because union with others is useful and he recogni"es that authority is necessary for this

union. *ut in personal matters a person does what he wants.

)unicipality liberty derives from principle of sovereignty of the people. 5ust as a person is sovereign

in all private matter a township is sovereign in all matters only affecting the township.Spirit of the #o'nship in !e' *nland

The township has independence and power over its own sphere. *ecause of its power and strength it

wins the affection of its inhabitants. Taking away this local self(governance will give a country docile

subjects but not citi"ens. -eople are unwilling generally to work for matters that do not affect their

private interest. As a result. few are willing to try for high government offices which are hard to get

and which are out of direct sphere of personal interests. Therefore since practical service is necessary

to maintain patriotism giving people the responsibility to govern in areas directly related to their

interest is necessary for the fostering of a sense of civic duty. ,n the townships the government really

emanates from the governed so people are proud of and respect it. This practice of governing in the

township acts as civic education giving citi"en clear ideas of duties and rights.

Administration in !e' *nland

The administration is almost invisible in America. ?uropeans think that weakening authority by takingaway rights of society is the way to achieve liberty but in America through the division of power

authority is kept in check without diminishing its effectiveness. ,n the 3nited !tates the revolution

was guided by mature desire for freedom. 6hile the law has much force no one person has e'treme

power. For e'ample in a small township there are nineteen officials each with limited sphere of

authority

The Americans solve the problem of making the elected officials obey the central government by

making the official subject to the courts. 5ustices of the peace serve an administrative function and

the sheriff makes sure the township obeys laws of state. ,f an official commits a crime he is tried in

ordinary court.

The weakness in the system is that the administrative tribunal doesn#t have the right to supervise

officials and must rely on reports of misconduct or negligence. The reasoning for this is that in

America legislators appeal to private interest to ensure the e'ecution of laws. The problem is that insome cases no one may be so directly effected as to want to complain.

eneral Ideas Concernin Administration in the 2nited States

As one goes farther from ;ew ?ngland one sees the diminishing power of the township and the

increasing power of the county. The main governing principle that underlies the organi"ation of the

township and county is that each is the best judge of his own interest and is best able to provide for

his own needs.

Tocqueville summari"es his description municipal government in America by stating$ 1?lection of

administrative officers irremovability from office absence of administrative hierarchy and the use of

judicial weapons to control secondary authorities are the chief characteristics of American

administration from )aine to the Floridas1. The most striking feature of the government is its

decentrali"ation.

6 | P a g e


7/38

3f the State

Tocqueville will speak only briefly on this subject because the constitution is based on familiar

simple rational theory which most constitutional governments have in common.

&eislatie Po'er of the State

There are two legislative bodies the !enate and the House of :epresentatives. The !enate e'ists to

strengthen authority and the House to ensure representation of interests. The advantages deriving from

a bicameral legislature are slowing down the movement of assemblies and providing a means for

revision of laws. Americans are convinced that the division of powers is of utmost necessity.

#he *4ecutie Po'er of the State

The governor is the representative of e'ecutive power in the state. He is head of the military and is

responsible for keeping order and for seeing that laws are e'ecuted. *ecause his term in office is

short he is highly dependent on his constituents.

Political *ffects of Administratie Decentraliation in the 2nited States

There are two types of centrali"ation$ governmental 7dealing with nation(wide interests9 and

administrative 7dealing with more speciali"ed concerns9. /ombining the two results in e'tremely

strong government as in France under >ouis E,%. overnment centrali"ation is necessary for the

country but administrative centrali"ation diminishes civic spirit.

,n the 3nited !tates there is no administrative centrali"ation but high government centrali"ation. Thestrength of government centrali"ation can be a danger because it can lead to a tyranny of the majority.

Administrative decentrali"ation is beneficial because the citi"ens are better able to handle their own

affairs than the government since the central power can not see all the small details of daily life. ,n

contrast with France uniform rules are absent but this absence is good because it allows for freedom.

The problem in ?urope is that people have no control over or no interest in management of local

affairs. As a result they become dependent on the government to come to their aid for everything2 they

are subjects but not citi"ens.

The only solid and lasting foundation for a state#s power is the free agreement of citi"ens going

forward toward the same goal. The two things that can provide such a consensus are religion and

patriotism. Tocqueville admires the political effects of decentrali"ation because it makes people care

personally about the country#s interests.

,n the 3nited !tates as opposed to ?urope the people do not obey men2 they obey justice or law./rime is almost always punished in America although power to investigate and to arrest is small

because people see crime as a public offense and all try to contribute to catching the criminal.

A country and its citi"ens need liberty in small matters in order to be able to e'ercise it in larger ones.

The lack of these small liberties was a key factor in the failure of the French :evolution. The French

:evolution had two tendencies one toward freedom and the other toward despotism. ,ts centrali"ing

tendencies made falling into tyranny easy.

6hile Americans disagree on almost everything they are unanimous in their love of provincial

freedom.

Analysis

This chapter is one of the most essential parts of the book for understanding Tocqueville#s views on

the nature of liberty and how to preserve it. Tocqueville#s definition of liberty is highly ambivalent.

&n the one hand there is his relatively straightforward characteri"ation of liberty as the ability togovern oneself as much as possible through the administration of local affairs. +et along this political

definition of liberty there is always a mention of how mysterious and elusive freedom is and how

only a few noble souls can really appreciate freedom enough to make the sacrifices necessary to

preserve it. This idea is brought to the forefront in The &ld :egime and the French :evolution a work

which is thematically complementary toDemocracy in America. ,n a striking passage of The &ld

:egime Tocqueville writes about freedom#s 1intrinsic glamour1 and calls it a 1lofty aspiration which .

. . defies analysis.1 He goes on to say that freedom is 1something one must feel and logic has no part

in it. ,t is a privilege of noble minds which od has fitted to receive it and it inspires them with a

generous fervor. *ut to meaner souls untouched by the sacred flame it may well seem

incomprehensible.1 eeping this passage in mind is helpful in understanding what Tocqueville really

means when he states at the beginning of this chapter in Democracy in America that communal

freedom 1is seldom created but rather springs up of its own accord. ,t grows almost in secret amid a

7 | P a g e

http://www.gradesaver.com/democracy-in-americahttp://www.gradesaver.com/democracy-in-america


8/38

semi(barbarous society.1 This freedom is difficult to establish and even more difficult to sustain over

time.

The problem of maintaining freedom amidst the growing equality of conditions both in the 3nited

!tates and ?urope is Tocqueville#s central concern in Democracy in America. ,ndeed it would not be

too much to say that trying to resolve this problem was the primary goal of his life#s work both

intellectual and political. His motivation for traveling to America was to study how this fledgling

democracy maintained freedom although it had a high degree of equality. The key to this success in

Tocqueville#s view is the administrative decentrali"ation which allows people to e'ercise their liberty

through self(government in the townships$ 16ithout local institutions a nation may give itself a free

government but it has not got the spirit of liberty.1 For this reason although Tocqueville recogni"es

that administrative centrali"ation may greatly increase the efficiency and uniformity of the

government he admires the decentrali"ed American system because of its political effects in allowing

the people to e'ercise their freedom. There is an implicit contrast here with France where Tocqueville

blames the loss of liberty and in particular the failure of the French :evolution to gradual erosion of

local self(government in France throughout the nation#s history since the )iddle Ages. This idea is

Tocqueville#s main thesis in The &ld :egime. Tocqueville also speaks more specifically 7and more

pessimistically9 about the tension between liberty and equality in %olume ,, particularly in -arts ,,

and ,%.,n this chapter Tocqueville also mentions the need for the cultivation of proper mores in order to

maintain freedom in a democracy. He speaks at length about this idea and particularly about the

importance of certain legal institutions and of religion as the basis of these mores in /hapter ;ine.

*ut in this chapter one begins to see the emergence of this theme in several places particularly in the

statement that 1until communal freedom has come to form part of mores it can easily be destroyed.1

Another idea that is only briefly addressed in this chapter but developed more fully in /hapter !even

and in -art ,% of %olume ,, is the danger that a democracy will degenerate into a tyranny of the

majority or a 1democratic despotism.1 6hen speaking in this chapter about governmental

centrali"ation Tocqueville observes that 1,n America the legislature of each state is faced by no power

capable of resisting it. ;othing can check its progress neither privileges nor local immunities nor

personal influence nor even the authority of reason for it represents the majority which claims to be

the unique organ of reason.1 This passage has an ominous sense to it and it seems to act almost as awarning of the ease with which the government could become tyrannical. Tocqueville even tells the

reader directly that he will elaborate on this subject in later chapters when he states that 1far from

being inadequately centrali"ed one can assert that the American governments carry it much too far2

that , will demonstrate later. . . . ,t is because of its very strength not its weakness that it Gthe social

power is threatened with destruction one day.1

Chapter 6: 7udicial Po'er in the 2nited States and its *ffect on Political Society

There are three general characteristics of judicial power$ its role is to act as arbitrator it rules on

particular cases rather than general principles and it can only act when called upon. American#s do

hold to these principles but the judges there have an unusual amount of political power. The reason is

that the courts can base decisions of the constitution allowing them to override some laws.

,n America the constitution is changeable but it is 1the fount of all authority.1 The court power ischecked by legislative ability to amend the constitution. Also judges can only attack the law by

refusing to apply. This action reduces a law#s moral force but only the legislature can repeal the law.

The power of judicial review is one of the best barriers against tyranny of political assemblies.

Additionally the courts hold public officials accountable for their actions because all officials are

responsible before the courts.

Analysis

The courts are a great safeguard of that menace to freedom which Tocqueville at least alludes to in

nearly every chapter$ the tyranny of the majority. The reason is that the courts are in some ways a(

political 7the judges are appointed and have very long terms in office9 and do not have to bow

constantly to the whims of the electorate as politicians do.

8 | P a g e

http://www.gradesaver.com/in-americahttp://www.gradesaver.com/in-americahttp://www.gradesaver.com/in-america


9/38

Chapter 8: Political 7urisdiction in the 2nited States

!ometimes it is necessary for the political representatives to have judicial power. ,n the 3nited !tates

the House of :epresentatives has the right to prosecute and the !enate has the right to punish. The

House must initiate the proceedings and only public officials can be judged in this sort of trial

The 3nited !tates differs from ?urope in that political courts only have the power to remove from

office not to punish under criminal law. ,n ?urope the political judgment is more of a judicial act but

in the 3nited !tates it is more of an administrative measure. The reason is that in the 3nited !tates

the main aim of political jurisdiction is to take power away from those who abuse it.

,n ?urope political jurisdiction is used only in e'treme situations because it clearly violates the

division of power. ,n the 3nited !tates it is less of a danger to the division of power and is used more

frequently.

The laws regarding political crimes are e'tremely vague in America. This vagueness combined with

the mildness of the !enate#s power to punish makes political jurisdiction easier to use and thus more

influential. The American system guards against a high degree of legislative tyranny but makes mild

legislative tyranny more likely.

Analysis

,n this chapter one finds that once again Tocqueville#s main concern is the tyranny of the majority.

He sees that in the American system the power of political jurisdiction does not e'tend to imposing penalties making it rather mild. However this mildness can itself be a danger because there is less

hesitancy to use the power. The system guards against harsh tyranny but makes soft tyranny of the

legislative branch4which is most closely tied to the majority4much more likely.

Chapter 9: #he $ederal Constitution

/istory of the $ederal Constitution

After the :evolution the thirteen colonies were torn by common interests which made them desire

both unity and state autonomy. The first constitution the Articles of /onfederation condemned the

federal government to weakness. ,t is e'traordinary that no bloodshed was necessary to remedy the

problem. &ne of the great advantages the Americans had was that the leaders of the :evolution were

still alive to draft the new constitution and these were men of great intelligence and character.

Summary of the $ederal Constitution

To resolve the problem of dividing powers between the federal government and states the lawgiverscarefully defined the federal powers and gave all other power to the state. ,n order to arbitrate disputes

about this authority they created a federal !upreme /ourt to ensure the maintenance of the proper

division of power.

Preroaties of the $ederal oernment

The federal government has the e'clusive right of making war and peace concluding commercial

treaties and raising armies. The 3nion is also responsible for the regulation of currency the postal

service communication services and ta'ation. The federal government can intervene in the internal

affairs of states in certain rare cases where the state#s conduct is endangering the 3nion. ,n some

respects the 3nited !tates federal government has more power than ?uropean monarchies.

&eislatie Po'ers

The creation of the House of :epresentatives and the !enate was a compromise between large and

small states as well as between the principle of state independence and the principle of thesovereignty of the people. 1The principle of state independence prevailed in the shaping of the !enate

the dogma of national sovereignty in the composition of the House of :epresentatives.1 *ecause of

the system#s design a minority of the nation dominant in the !enate could block the will of the

majority represented in the House. For the most part however this does not happen.

Another Difference 0et'een the Senate and the /ouse of %epresentatie

)embers of the House are elected directly while senators are elected by the state legislatures.

:epresentatives serve two(year terms and senators serve si'(year terms. Treaties must be ratified by

the !enate.

#he *4ecutie Po'er

,n order to make the -resident powerful enough to be effective yet not too powerful the legislatures

cannot act directly to counter e'ecutive power but they can supervise the -resident#s actions in many

ways. The !enate has to approve of presidential appointments and treaties with foreign powers. ,n

9 | P a g e

http://www.gradesaver.com/the-americanhttp://www.gradesaver.com/the-american


10/38

addition /ongress could enact laws that would encroach on presidential power. The -resident has

veto power but the legislature can still overturn a veto with a two(thirds majority.

/o' the Position of the President of the 2nited States Differs $rom #hat of a Constitutional

in in $rance

?'ternal signs of power are unimportant and deceptive. *ecause the government in the 3nited !tates

is federal4divided between the 3nion and the !tates4not national power of the e'ecutive is limited.

The -resident has no real legislative power as a monarch does but only e'ecutes the law. The

-resident cannot choose the members of the legislative body and he cannot dissolve it.

The ing of France is equal in power to the legislature but the -resident of the 3nited !tates has less

power than the legislature. The -resident#s e'ecutive actions are under supervision and he is

answerable to the /ongress for his actions. ,n both the 3nited !tates and France the real directing

power is public opinion.

Accidental Causes #hat ;ay Increase the Influence of the *4ecutie Po'er

/ircumstances have kept the e'ercise of the e'ecutive power weak. The e'ecutive power shows itself

mainly in foreign relations and especially in times of international crises.

hy the President of the 2nited States /as !o !eed, in 3rder to Direct Affairs, of a ;a


11/38

-resident#s thought. Therefore the principle of reelection increases the corrupting influence of elective

governments.

The lawgivers of American were wise in making the -resident independent of the whims of factions

and caprices of the people while still subject to the general will of the majority. The principle of

reelection however undermines this independence. Thus the -resident of the 3nited !tates is

completely under control of the people#s whims.

#he $ederal Courts

To gain the obedience of the governed governments can either use physical force or moral force. The

courts are generally the vehicles through which laws are given moral force. The judiciary needs to be

separate from the other powers but it is still necessary that federal laws be under the jurisdiction of

federal not state courts since the states are often in opposition to the federal government. The

judicial power of the union was concentrated in the !upreme /ourt but other lower federal courts

were added to handle issues of lesser importance. The members of the !upreme /ourt were appointed

by the -resident and approved by the !enate and they were irremovable to make them independent.

;eans of Determinin the Competence of the $ederal Courts

The !upreme /ourt was given the power to decide all questions of competence regarding disputes

over whether the case was one of federal or state jurisdiction. This power seems to threaten the

sovereignty of the states but in practice it really does not.Different Cases of 7urisdiction

The subject matter and the party involved were the two bases of federal competence. For e'ample

cases in which one of the parties is an ambassador automotically fall under federal jurisdiction as do

cases in which the parties are from different states. !ome of the cases which automatically fall under

federal jurisdiction because of their subject matter are cases dealing with foreign trade or with the

constitutionality of a law. The rules determining which courts have jurisdiction in which cases are

simply an e'tension of the principles of federalism in general giving the central government enough

power to be effective and maintain national unity while allowing the states independence in their own

sphere.

Procedure of the $ederal Courts

5ustice is weaker in federal states because sovereignty is divided. *ut with great wisdom the

/onstitution arranged matters so that courts deal directly with individual without the intermediary of the states. 6hen the federal courts want to overturn a state law they do so indirectly through suits

brought on by individuals who are harmed by the new law. The !upreme /ourt can also judge

disputes between states. ,t may be difficult however to make an entity as powerful as a state submit

to the ruling.

/ih Standin of the Supreme Court Amon the reat Authorities in the State

The !upreme /ourt has higher standing than any court in any country. ,t is uniquely responsible for

the interpretation of laws and treaties and for questions dealing with international law. ,n addition

unlike courts in ?urope the !upreme /ourt can try states as well as individuals.

The court#s power is immense so long as people respect the law and obey it. The judges therefore need

to understand the spirit of the age and the limits of what popular opinion will accept. ,f the !upreme

/ourt acts rashly the whole country is threatened. This danger is inherent in the nature of federal

government because it requires a strong judicial authority.#he Superiority of the $ederal Constitution 3er #hat of the States

The main cause of the Federal /onstitution#s superiority is the character of its writers all of whom

were remarkably enlightened and patriotic. Their foremost concern was the preservation of liberty.

Through the representative bicameral legislative system and especially through the formation of the

!enate they helped to guard against the tyranny of the majority.

Democracies have a tendency to concentrate power in the legislative branch but such action yields

the 1despotism of the majority.1 6hile the states# constitutions succumbed to this tendency the

Federal /onstitution did not.

The e'ecutive in the states has almost no power but in the federal government it has enough power to

be effective. The states also fail to give the judiciary its proper independence

The two main dangers that threaten the e'istence of democracies are 7@9 1the subjection of the

legislative power to the will of the electoral body1 and 7B9 1concentration of all other powers of

11 | P a g e


12/38

government into the hands of the legislative power.1 The states have succumbed to these dangers but

the federal government has not.

hat Distinuishes the $ederal Constitution of the 2nited States of America from All 3ther

$ederal Constitutions

The 3nited !tates Federal overnment is much more powerful than that of ?uropean countries with

similar constitutions because the 3nited !tates /onstitution made the federal government in charge

of not only dictating but also e'ecuting the laws.

The problem in other countries is the confusion of a federal government and an incomplete national

government. This was the problem the 3nited !tates had under the Articles and remedying that

problem was what allowed the country to survive.

Adantaes of the $ederal System in eneral and Its Special 2sefulness in America

!mall nations are often a cradle of liberty because they offer little attraction for ambition and

despotism. 6hen they become larger such nations tend to lose that liberty. There is no large nation in

history which has remained a republic. ,n large nations there is more ambition to take power and

there is less ability for public resistance.

>arge states do however have advantages. There tends to be a greater flow of ideas and more

intellectual centers. They are more secure in a war. !mall nations may be happier but they are too

weak to be secure.The federal system is an attempt to combine the advantages of small and large states. >ocal liberties

provide a perfect education in republican government which can then be applied to the whole nation.

The limitation of federal sovereignty also mitigates the ambition for power. 1The 3nion is free and

happy like a small nation glorious and strong like a great one.1

hy the $ederal System is !ot ithin %each of All !ations and hy the Anlo-American=s

/ae 0een A>le to Adopt It

&ne of the defects of a federal system is its complication and the tension between state and federal

sovereignty. The government of America is only sustainable with a population well(educated in

political science.

The second defect is the weakness of the federal government. ,t is a danger that in a clash between the

federal government and a state or between the !upreme /ourt and a state the state will refuse to obey.

The 3nion has the power of military and economic force but the states have more support from the people. For the confederation to last people must have a fairly homogeneous civili"ation and

common needs.

The weakness of a confederation is shown in war when as in the 6ar of @8@B the militia refuses to

obey the -resident. America has not dissolved because it has no great wars to fear.

Analysis

,n e'amining the 3nited !tates /onstitution Tocqueville is looking specifically for the ways in which

the 3nited !tates has guarded itself against the ever(present danger of the tyranny of the majority

which can take two forms$ 7@9 1the subjection of the legislative power to the will of the electoral

body1 or 7B9 1concentration of all other powers of government into the hands of the legislative

power.1

The 3nited !tates has succeeded in protecting itself at least so far from the tyranny of the majority

mostly through the checks and balances of the system. To avoid the first form of tyranny a bicamerallegislature was formed in which the !enate while still responsible to the people has much more

independence from popular whims. Avoiding the second form involves both the e'ecutive and judicial

branches. The -resident has veto power and control of the military giving him some ability to check

the power of the legislature. +et Tocqueville recogni"es that the legislature is definitely more powerful

than the -resident alone. The judiciary however has great ability to prevent /ongressional tyranny

through its ability to declare certain laws unconstitutional. The judiciary is also e'tremely

independent of popular opinion allowing it to act without needing to worry about re(election.

&ne specific provision of the /onstitution which worries Tocqueville is the ability for -residential re(

election. He fears this provision because it 1makes the corrupting influence of elective governments

spread wider and more dangerous. ,t tends to degrade the political morality of the nation and to

substitute craft for patriotism.1 Allowing the -resident to be re(elected diminishes his independence

from the caprices of the majority. Tocqueville argues that if the -resident were not reeligible his

12 | P a g e


13/38

responsibility toward the people would not diminish 1but the people#s favor would not have been so

necessary to him that he must in everything bend to its will.1

All things considered Tocqueville believes that through a combination of /onstitutional wisdom

embedded local liberties and accidental factors such as geography and the composition of the

populace the 3nited !tates has done a remarkable job in creating a democratic government which is

relatively stable and safeguards liberty.

Chapter 1: hy It Can Strictly 0e Said #hat the People oern in the 2nited States

The people both make and e'ecute the laws in the 3nited !tates by electing their representatives and

serving on juries. 1The majority rules in the name of the people.1

Chapter ": Parties in the 2nited States

1-arties are an evil inherent in free government.1 reat parties are those which are attached to lofty

principles rather than private interest and their action can often cause a revolution. !mall parties are

pettier and only agitate and corrupt society. America used to have great parties but it no longer does.

After the :evolution there were two great parties one of which4the Federalists4wanted to restrict

popular power and the other of which4the :epublicans4wanted to e'tend it. The Federalists had power

only until 5efferson was elected but this period was e'tremely important for America because during

that time they worked against the negative tendencies of democracy and when the :epublicans gained

power they adopted many of the Federalist#s ideas. As a result there are no longer any great political parties in the 3nited !tates. !till beneath the petty differences of the parties there is the underlying

battle between restricting and e'tending public power.

%emains of the Aristocratic Party in the 2nited States

The rich are somewhat e'cluded from government and their can often even be a disadvantage in

trying to gain political power. As a result they close in on themselves and go about pursuing their

own private interests. They act as if they support republican government but in reality they 1have a

great distaste for their country#s democratic institutions.1

Analysis

The key point in this chapter once again revolves around the dangerous democratic tendency to fall

into tyranny of the majority. The Federalist party#s ability to gain power was crucial precisely because

the Federalists wanted to restrict public power and as a result they began a tradition which acted as a

moderating influence on the demands of the majority.Chapter (: $reedom of the Press in the 2nited States

Freedom of the press is necessary because the only real alternative to it is complete despotism.

?specially in a society where the people are sovereign censorship would be inherently contradictory

to the overriding societal principles.

The press has less power in the 3nited !tates than it does in France because attacking e'isting laws in

the 3nited !tates is not revolutionary2 in fact it is perfectly acceptable. The force of the press is also

lessened because freedom of the press is not a novelty in the 3nited !tates it is decentrali"ed and the

people tend not to react passionately to anything that does not affect their material interests.

Decentrali"ation has particularly strong effects. ,t prevents people from being unified by a single

current of opinion but it also tends to result in poor journalism because there is an e'cessive number

of papers and not enough talented journalists. :ecogni"ing the lack of journalistic competence the

people generally do not take the journalists# opinions seriously but simply focus on the facts. !till the power of the press is immense simply because it allows all people to remain informed about politics.

-eople in America tend to stubbornly stick to their own opinions simply because they chose them. !o

many opinions are floating about that people tend to distrust all of them and end up focusing mostly

on tangible material interests.

Analysis

The press can clearly be a means both of keeping liberty alive and of fostering the tyranny of the

majority. ,t maintains liberty by keeping the people informed of politics and thereby encouraging

political activity and the e'ercise of freedom. ,t can however foster the tyranny of the majority by

influencing vast numbers of people at once. The decentrali"ation of the American press however

makes this unifying and all(encompassing influence unlikely.

Two other democratic tendencies are also brought out in this brief chapter$ materialism and relativism.

Toqueville notices that people are concerned primarily about their material interests. ,n addition the

people superficially adopt an opinion and cling to it not because they are convinced it is true but

13 | P a g e


14/38

because they do not think they can discover what is true and consider most opinions to be generally

equal. %olume B addresses these issues in more detail.

Chapter : Political Association in the 2nited States

Americans use the right of assembly more frequently and effectively than anywhere else in the world.

The right of association is related to the freedom to write but associations are more powerful than the

press. -olitical associations can become e'tremely powerful even dangerously so. 6hile freedom of

the press is 1the constitutive element in freedom1 and therefore cannot be limited the freedom of

association may have to be limited. ,n America however there are no limitations. ,ts danger has been

seen already however in the nullification crisis !outh /arolina. +et in spite of the danger unlimited

freedom of association is good in the 3nited !tates because it is a guarantee against the tyranny of the

majority.

Association is natural to human beings and is therefore an inalienable right. ,n the 3nited !tates as

opposed to ?urope associations are primarily peaceful and use legal means precisely because they

know that such means can indeed have an effect. 3niversal suffrage is perhaps the best guarantee

against the violence of political associations in the 3nited !tates because no association can claim to

represent a majority. ,t is obvious that association represent only a minority and thus their moral force

is diminished.

Analysis6hile they can be dangerous in some situations and political climates associations are highly

beneficial in the 3nited !tates because they guard against the tyranny of the majority and are not

inclined to violence or revolution. Tocqueville writes that 1the omnipotence of the majority seems to

me such a danger to the American republics that the dangerous e'pedient used to curb it is actually

something good.1 ,n a sense this dynamic is quite ironic because it demonstrates how at least in this

case 1e'treme democracy forestalls the dangers of democracy.1

Chapter 5: oernment 0y Democracy In America

2niersal Suffrae

All the states in the 3nion have universal suffrage 7as defined by the times9.

#he People=s Choice and the Instincts of American Democracy in Such Choices

,n the 3nited !tates the common people generally have more good qualities than the rulers. The level

of intelligence of a society as a whole is limited by the amount of leisure that the people have.*ecause the lower classes have little leisure they often lack the education to discern who will be the

best person to rule in their interests. ,n addition the people may not always want to elect the person

with the highest merit because with their dominant passion for equality superiority annoys them.

The Americans do not hate the higher classes but simply keep them from power. At the same time

men of distinction of repelled from political power because they feel cheapened by being up for

election.

*lements hich ;ay Proide a Partial Correctie to #hese Instincts of Democracy

,n times of great distress great virtue is often brought to the fore in people. Thus in the time of the

American :evolution and immediately following it great leaders rose up.

)ores are also an important means of correcting democracy#s negative tendencies. ,n ;ew ?ngland

where liberty and morality are well(established in the habits of the people the citi"ens tend to make

better choices in electing their leaders. ,n other areas the situation is much worse.The House of :epresentative is filled with people of 1vulgar demeanor1 while the !enate is filled

with eloquent and well(educated statesmen. The reason for this dichotomy is that :epresentative are

directly elected while !enators are indirectly elected. -erhaps the Americans will need to modify their

system to use indirect election more frequently.

Influence of American Democracy 2pon *lectoral &a's

:are elections e'pose the state to the danger of violent crisis but frequent elections result in a state of

inconstancy and agitation. Americans have chosen the latter danger over the former and as a result

their laws are often highly unstable and incoherent.

Pu>lic 3fficers 2nder the %ule of American Democracy

-ublic officials have no e'ternal signs of their power such as uniforms and all officials receive

salaries so that the lower classes have access to all positions. +et while all citi"ens are eligible for

office not many desire it because it is an inherently unstable and unpredictable occupation. Ambitious

men generally avoid public office to pursue private wealth. Thus those who run for office do so

14 | P a g e

http://www.gradesaver.com/in-americahttp://www.gradesaver.com/in-america


15/38

because they do not think they can manage their own private affairs successfully. This problem is

another cause responsible for the 1large number of vulgar men holding public positions.1

#he Ar>itrary Po'er of ;aistrates 2nder the S'ay of American Democracy

,n democracy the people are confident of their ability to take power away from the magistrates and

consequently are not concerned about allowing to have a great amount of arbitrary power.

Administratie Insta>ility in the 2nited States

Few historical records e'ist in the 3nited !tates2 the only source is newspapers. The administrations

are unstable and do not bother to keep records or look to past records to decide how to act.

Pu>lic *4penses 2nder the %ule of American Democracy

?'penses in free states are always greater than in despotic ones. ?very society will different economic

classes ranging from the rich to the poor. The economic laws depend on which class is in power. ,f the

middle class rules the laws will be the most economical. However in countries with universal

suffrage generally the poor make the laws because they are in the majority and the poor will have a

tendency to spend too much because very few ta'es fall upon them.

Democracies also tend to spend a lot because they have a constant and feverish desire for

improvement and innovation both of which are costly. ,ts e'penditures can also be unproductive

because people change their minds often and projects may remain uncompleted.

#he Instincts of American Democracy in $i4in the Salaries of 3fficialsHigh officials generally are given low salaries because those who vote to fi' the salaries have little

chance of ever receiving that position. !econdary officials however are relatively well paid because

the people consider them more on their level and are more sympathetic to them. 1Democracy gives

little to the rulers and much to the ruled.1 ,n aristocracies the case is the opposite.

Can the Pu>lic *4penditure of the 2nited States 0e Compared 'ith #hat of $rance?

To judge the e'tent of public e'penditure one needs to know both the national wealth and the

proportion of it which is used for state e'penses. A nation#s wealth is composed of real property and

personal property. The value of property is e'tremely difficult to judge. +et even judging the amount

of ta'ation is not an easy task because each individual township has its own separate e'penses.

Therefore one cannot really compare either the e'penditure or the wealth of the 3nited !tate and

France.

+et by observing other e'ternal factors one can get a sense of which country ta'es a larger proportionof its citi"ens# income. ,t is clear that America has much lower ta'es than France. France however

needs more money because it needs maintain a large army.

,n spite of the fact that ta'es are lower in America it is still possible that the country is not

economical because it seems that a lot of money is wasted. ,n addition a lot of money is spent to help

the lower classes a good but e'pensive practice. Therefore the government of America is not an

ine'pensive one.

Corruption and Vices of the %ulers in a Democracy and Conse+uent *ffect on Pu>lic ;orality

,n aristocracies rulers are much more likely to attempt to use their influence and wealth to bribe the

governed but in democracies the rulers themselves are much more corruptible. This tendency can be

dangerous because it gives people the e'ample that immorality may result in success and honor.

1There comes about an odious mingling of the conceptions of baseness and power of unworthiness

and success and of profit and dishonor.1#he *fforts of hich Democracy is Capa>le

,t is difficult to tell how much sacrifice a democracy can impose on itself because there has not been

a great war in America since the 6ar of ,ndependence. ,n that war people made great sacrifices at the

beginning but toward the end stopped giving money and volunteering for the army. There is no

conscription in America.

Democracies are not well(suited for waging wars because the people are more inclined to quick

bursts of enthusiasm than sustained effort. There is less glamour to warfare in a democratic country

than in an aristocracy. ,n addition a democracy cannot pull together its resources as quickly as an

aristocracy.

American Democracy=s Po'er of Self-Control

Democracy is endangered by the people#s shortsightedness and their tendency to choose momentary

pleasures over long(term gain. They only obey laws of which they see the utility. An e'ample is that

although most crimes are the result of drunkenness legislators are afraid to impose a ta' on alcohol

15 | P a g e


16/38

for fear of a revolt. ,t takes democracies a long time to see reason because they cannot come to the

truth merely intellectually2 they need to e'perience it.

/o' American Democracy Conducts the *4ternal Affairs of the State

6ashington and 5efferson have set the course for American foreign policy. 6ashington directed the

country to steer clear of foreign alliances and never to get involved in the internal quarrels of ?urope.

American foreign policy is more a matter of abstention than action.

,n general democratic governments are inferior in their control of foreign affairs. Democracies have

little patience to plan out and sustain a great undertaking as is necessary in foreign affairs.

Aristocracies are e'cellent in directing foreign affairs and it almost always the case that in such

matters the interests of the aristocrats are the same as the interests of the people. Democracies tend to

abandon long(term well(thought out plans in favor of momentary passions and sympathies.

Analysis

,n this chapter Tocqueville brings out a lot of the weaknesses of democracies. At the root of these

weaknesses is the inability of democratic peoples to make well(reasoned dispassionate choices. This

weakness is due for the most part to the tendency of democratic peoples to be swayed more by whims

and passions than by reason. The results of the people#s whimsical nature is evident in several areas$

the election of government officials the inefficient use of money and the lack of skill in conducting

foreign affairs.,n choosing government officials democracies have a double problem$ the people tend to choose

poorly because their passion for equality makes them dislike those who are superior and those who

have the capacity to rule do not want the position it is unstable and has few rewards. The means of

counteracting this problem is for the most part good mores formed especially by good education in

virtue and the e'perience of local liberties. ;ew ?ngland is e'emplary in this regard. ,nstitutionally

the problem can be solved by using indirect election.

Democracies tend to waste a lot of money because the people governed more by impulse than by

reason embark on a wide range of projects and e'plore every possible innovation most of which are

impractical and many of which are never even finished because people tire of an idea when it ceases

to become a novelty. The poor being in the majority are the ones who can have the largest influence

on laws. As a result ta'es tend to be high because the poor are e'empt from them and receive the

greatest benefit from government services./onducting foreign affairs well requires patience reason and fortitude but in democracies 1the

people feel more strongly than they reason2 and if present ills are great it is to be feared that they will

forget the greater evils that perhaps await them in case of defeat.1 &n a personal level the citi"ens

tend have little capacity for sustained self(sacrifice a necessary requirement for winning a war.

There may however be an ever more profound danger lurking in this democratic tendency to follow

the passions rather than reason. The passions and whims of the people cloud their ability to see the

truth and reali"e which laws would actually be in their best interests. They cannot come to the truth

without a long e'perience of trial and error which brings them eventually to find the best course of

action. Tocqueville writes that 1a democracy cannot get at the truth without e'perience and many

nations may perish for lack of the time to discover their mistakes.1 America was fortunate to have

time to fi' its mistakes because there was no immediate danger threatening it. +et this inability to see

the truth may be a problem hurts society internally in the long run.Chapter 6: #he %eal Adantaes Deried >y American Society $rom Democratic oernment

#he eneral #endency of &a's 2nder the S'ay of American Democracy and the Instincts of

#hose ho Apply #hem

The defects of democracy are obvious but the advantages can only be seen in the long run. >aws in

America 1are often defective or incomplete.1 Democracy#s laws tend toward the good of the greatest

number but an aristocracy is much more skilled in legislation. Democracy#s lack of skill is not fatal

however because mistakes are retrievable. ,n addition the people keep watch on the actions of their

legislators and make sure that they are not deviating from the public interest. >egislators may not be

highly skilled but they will never pursue aims hostile to the majority.

Pu>lic Spirit in the 2nited States

There are two types of patriotism. &ne type stems from an instinctive love based on feeling rather

than reason and is often ephemeral. The other is a more rational and lasting patriotism 1engendered

by enlightenment1 and 1mingled with personal interest.1 The best way to promote this more steady

16 | P a g e


17/38

patriotism is to make people take a personal interest in their country#s fate by giving them a share in

government. This is what the 3nited !tates has done and the result is that Americans are e'tremely

patriotic.

#he Idea of %ihts in the 2nited States

:ights are absolutely essential for a cohesive and prosperous society. ,n America because everyone

has some sort of property all recogni"e the right of property in principle. >ikewise the democratic

government 1makes the idea of political rights penetrate right down to the last citi"en.1 A moral and

religious conception of rights seems to be disappearing2 therefore it is absolutely essential to link the

idea of rights to personal interest. America has been able to do this by giving people political rights

from the beginning but in other countries it may be difficult to e'tend political rights because having

been deprived of rights for so long the people may use them unwisely.

%espect for &a's in the 2nited States

iving the people a part in lawmaking can result in a lower quality of legislation but also can give the

laws greater moral strength. ,n America people have a personal interest in obeying the laws even laws

which they disagree with because they know that at some point they will share the opinion of the

majority and will want the minority to follow the law as well. 6hile the rich may often be in the

minority their discontent is not dangerous because their wealth makes breaking the law too risky.

Actiity Preailin in All Parts of the Political 0ody in the 2nited States@ the Influence #here>y*4erted on Society

The rush of political activity always present in the 3nited !tates is remarkable. There are always

people calling for reform lobbying for a cause or e'pressing some concern. The American#s greatest

pleasure comes from talking about and taking a hand in the government of society. These habits of

freedom are a great guard against despotism.

6hile the people may not manage public affairs well it is good for society anyway because taking

responsibility for government broadens people#s concerns beyond their own interests and makes them

care for society at large. Things may not be done well but many things are accomplished because of

the e'traordinary amount of political energy and activity. Democracy does not engender great virtue

or nobility but it also lessens the number of great crimes and increases general well(being.

Analysis

This chapter e'pands on some of the previous chapters ideas about the generally poor quality of American legislation but also point out many of the advantages of the democratic method. &ne

advantage is that while the laws in a democracy may not be crafted with the utmost skill they are at

least not positively dangerous or aimed against the well(being of the majority as they very well might

be in an aristocracy. Furthermore the popular origin of laws gives them greater moral force. ,n

addition allowing people to have a role in the government of the nation makes them see the nation#s

interests as their and be more patriotic. The most important effect of the people#s ability to take part in

making the laws however the strong public spirit and practice in freedom which such activity

provides. *ecause the people have had political rights from the beginning in America the habits of

freedom are deeply entrenched. Tocqueville writes that 1if despotism ever came to be established in

the 3nited !tates it would find it even more difficult to overcome the habits that have sprung from

freedom than to conquer the love of freedom itself.1

,n discussing the benefits of America#s deep(rooted habits of political freedom Tocqueville makes avery significant comment in relation to the nature of freedom and the difficulty of acquiring and

maintaining it. He states$ 1,t cannot be repeated too often$ nothing is more fertile in marvels than the

art of being free but nothing is harder than freedom#s apprenticeship. The same is not true of

despotism. Despotism often presents itself as the repairer of all the ills suffered the support of just

rights defender of the oppressed and founder of order. -eoples are lulled to sleep by the temporary

prosperity it engenders and when they do wake up they are wretched. *ut liberty is generally born in

stormy weather growing with difficulty amid civil discords and only when it is already old does one

see the blessings it has brought.1 This statement is crucial in that it reveals one of the most pressing

dilemma#s which Tocqueville faces especially in regard to his desire to improve the political situation

in France. Tocqueville reali"es that the French lack the 1apprenticeship1 in liberty which the

Americans have had and that it is very difficult to make people appreciate freedom enough to make

the sacrifices necessary to attain it. Tending to be short(sighted people will see that despotism can

bring great stability order and even prosperity to the country and so may be willing to surrender their

17 | P a g e

http://www.gradesaver.com/in-americahttp://www.gradesaver.com/the-americanhttp://www.gradesaver.com/the-americanhttp://www.gradesaver.com/the-americanhttp://www.gradesaver.com/in-americahttp://www.gradesaver.com/the-american


18/38

freedom. Tocqueville elaborates on this idea especially with regard to the tension between liberty and

equality in %olume ,, -art ,, /hapter @.

The idea that democracy has a 1middling effect1 on the people is also e'plained more fully in this

chapter. Tocqueville had mentioned this tendency briefly earlier in the book but here he speaks about

it more at length. He observes that democracies do not tend to produce men of great heroism or virtue

but rather mild average characters. 1,f you think it profitable to turn man#s intellectual and moral

activity toward the necessities of physical life and use them to produce well(being if you think that

reason is more use to men than genius if your object is not to create heroic virtues but rather tranquil

habits if you would rather contemplate vices than crimes . . . then it is good to make conditions equal

and to establish democratic government.1 !ignificantly however Tocqueville notes that whatever a

person may think is best actually does not matter because forces beyond human control are naturally

leading to an ever(increasing equality of conditions. The only way to react is simply to make the best

of the situations trying to enhance democracy#s strengths and minimi"e its weaknesses.

Chapter 8: #he 3mnipotence of the ;ay the ;a


19/38

the majority is the reason for the lack of literary genius in America because great writers need

freedom of spirit. :ight now the power of the majority is well(used because mores are good but it

may not always be so.

*ffects of the ;a


20/38

,n a democracy lawyers# are especially able to gain political power because they step into the place

that the rich and the nobles would occupy in an aristocracy. The people do not dislike lawyers because

they come from among their own ranks. They therefore have a unique capability to mingle an

aristocratic element into a democracy.

The aristocrat element in lawyers is due not only to their knowledge but also to the type of laws that

e'ist in the 3nited !tates. *ecause laws are often founded on precedent it is difficult for the common

people to follow them on their own. 6here laws are all simply written out as in France lawyers are

not needed as much and are not respected as highly.

For the most part lawyers and judges influence democracy through the courts. >aws diminishing

judicial power especially making judges elected officials and subjecting them to frequent reelection

are e'tremely harmful to a democracy. The influence of lawyers can be seen in that while political

laws are constantly changing civil laws4over which lawyers have great influence4have changed so

little that they are practically outdated.

?ven beyond its official powers the laws influence spreads out into all areas of political life. >egal

language is often used and most public officials are or have been lawyers and retain their legal habits.

The power of lawyers is inconspicuous yet highly effective2 it enwraps the whole of society

penetrating each component class and constantly working in secret upon its unconscious patient till in

the end it has molded it to its desire.1#he 7ury in the 2nited States Considered as a Political Institution

5udicially speaking the effectiveness of the jury system is contestable since the members of juries

often lack the e'pertise necessary to make good decisions. +et its principle importance and its benefits

can be seen in considering the jury as a political institution. The idea of a jury is an eminently

republican one because it places control of society directly into the hands of the people. The jury

system is a direct consequence of the sovereignty of the people.

5uries are e'cellent for inculcating good mores into the minds of the people. They instill 1habits of the

judicial mind1 which are necessary for the proper use of freedom and they teach people to be

equitable and to take responsibility for their own actions. Furthermore juries force citi"ens to pay

attention to the affairs of others thereby combating individualism. 5uries are therefore 1the most

effective means of popular education.1

AnalysisAfter last chapter#s dismal predictions this chapter provides a few rays of hope and e'plains why the

tyranny of the majority is not absolutely overwhelming in America.

The first mitigating factor is the lack of administrative centrali"ation an attribute of American

democracy which Tocqueville discusses in more detail in chapter five. ,n a place like France where

the administration is highly centrali"ed there would be no obstacles to the tyranny of the majority but

in America even 1if the laws were oppressive liberty would still find some shelter from the way the

law is carried into e'ecution and the majority would not know how to enter into . . . the puerilities of

administrative tyranny.1

>awyers and the judiciary branch of the government in general also provide a necessary aristocratic

force which tempers the despotic tendencies of democracy. ,n chapters si' and seven Tocqueville

describes the judiciary and hints at its importance but here he shows clearly how it counteracts some

of democracy#s defects. Tocqueville writes that 1it is at the bar or the bench that the Americanaristocracy is found. The more one reflects on what happens in the 3nited !tates the more one feels

convinced that the legal body forms the most powerful and so today the only counterbalance to

democracy in the country.1 This counterbalance comes in just where d

Democracy in America Summary

Documents

Transcript of Democracy in America Summary