democracy in america-1-第41节
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individual citizen； concerns the citizens collectively； and however trifling an interest may be； it assumes a great degree of importance as soon as it becomes general。 The President possesses but few means of rewarding his supporters in comparison to the kings of Europe； but the places which are at his disposal are sufficiently numerous to interest； directly or indirectly； several thousand electors in his success。 Political parties in the United States are led to rally round an individual； in order to acquire a more tangible shape in the eyes of the crowd； and the name of the candidate for the Presidency is put forward as the symbol and personification of their theories。 For these reasons parties are strongly interested in gaining the election； not so much with a view to the triumph of their principles under the auspices of the President…elect as to show by the majority which returned him； the strength of the supporters of those principles。
For a long while before the appointed time is at hand the election becomes the most important and the all…engrossing topic of discussion。 The ardor of faction is redoubled； and all the artificial passions which the imagination can create in the bosom of a happy and peaceful land are agitated and brought to light。 The President； on the other hand； is absorbed by the cares of self… defence。 He no longer governs for the interest of the State； but for that of his re…election； he does homage to the majority； and instead of checking its passions； as his duty commands him to do； he frequently courts its worst caprices。 As the election draws near； the activity of intrigue and the agitation of the populace increase； the citizens are divided into hostile camps； each of which assumes the name of its favorite candidate； the whole nation glows with feverish excitement； the election is the daily theme of the public papers； the subject of private conversation； the end of every thought and every action； the sole interest of the present。 As soon as the choice is determined； this ardor is dispelled； and as a calmer season returns； the current of the State； which had nearly broken its banks； sinks to its usual level： *a but who can refrain from astonishment at the causes of the storm。
＇Footnote a： ＇Not always。 The election of President Lincoln was the signal of civil war。 … Translator's Note。＇＇
Chapter VIII： The Federal Constitution … Part III
Re…election Of The President
When the head of the executive power is re…eligible； it is the State which is the source of intrigue and corruption … The desire of being re…elected the chief aim of a President of the United States … Disadvantage of the system peculiar to America … The natural evil of democracy is that it subordinates all authority to the slightest desires of the majority … The re…election of the President encourages this evil。
It may be asked whether the legislators of the United States did right or wrong in allowing the re…election of the President。 It seems at first sight contrary to all reason to prevent the head of the executive power from being elected a second time。 The influence which the talents and the character of a single individual may exercise upon the fate of a whole people； in critical circumstances or arduous times； is well known： a law preventing the re…election of the chief magistrate would deprive the citizens of the surest pledge of the prosperity and the security of the commonwealth； and； by a singular inconsistency； a man would be excluded from the government at the very time when he had shown his ability in conducting its affairs。
But if these arguments are strong； perhaps still more powerful reasons may be advanced against them。 Intrigue and corruption are the natural defects of elective government； but when the head of the State can be re…elected these evils rise to a great height； and compromise the very existence of the country。 When a simple candidate seeks to rise by intrigue； his manoeuvres must necessarily be limited to a narrow sphere； but when the chief magistrate enters the lists； he borrows the strength of the government for his own purposes。 In the former case the feeble resources of an individual are in action； in the latter； the State itself； with all its immense influence； is busied in the work of corruption and cabal。 The private citizen； who employs the most immoral practices to acquire power； can only act in a manner indirectly prejudicial to the public prosperity。 But if the representative of the executive descends into the combat； the cares of government dwindle into second…rate importance； and the success of his election is his first concern。 All laws and all the negotiations he undertakes are to him nothing more than electioneering schemes； places become the reward of services rendered； not to the nation； but to its chief； and the influence of the government； if not injurious to the country； is at least no longer beneficial to the community for which it was created。
It is impossible to consider the ordinary course of affairs in the United States without perceiving that the desire of being re… elected is the chief aim of the President； that his whole administration； and even his most indifferent measures； tend to this object； and that； as the crisis approaches； his personal interest takes the place of his interest in the public good。 The principle of re…eligibility renders the corrupt influence of elective government still more extensive and pernicious。
In America it exercises a peculiarly fatal influence on the sources of national existence。 Every government seems to be afflicted by some evil which is inherent in its nature； and the genius of the legislator is shown in eluding its attacks。 A State may survive the influence of a host of bad laws； and the mischief they cause is frequently exaggerated； but a law which encourages the growth of the canker within must prove fatal in the end； although its bad consequences may not be immediately perceived。
The principle of destruction in absolute monarchies lies in the excessive and unreasonable extension of the prerogative of the crown； and a measure tending to remove the constitutional provisions which counterbalance this influence would be radically bad； even if its immediate consequences were unattended with evil。 By a parity of reasoning； in countries governed by a democracy； where the people is perpetually drawing all authority to itself； the laws which increase or accelerate its action are the direct assailants of the very principle of the government。
The greatest proof of the ability of the American legislators is； that they clearly discerned this truth； and that they had the courage to act up to it。 They conceived that a certain authority above the body of the people was necessary； which should enjoy a degree of independence； without； however； being entirely beyond the popular control； an authority which would be forced to comply with the permanent determinations of the majority； but which would be able to resist its caprices； and to refuse its most dangerous demands。 To this end they centred the whole executive power of the nation in a single arm； they granted extensive prerogatives to the President； and they armed him with the veto to resist the encroachments of the legislature。
But by introducing the principle of re…election they partly destroyed their work； and they rendered the President but little inclined to exert the great power they had vested in his hands。 If ineligible a second time； the President would be far from independent of the people； for his responsibility would not be lessened； but the favor of the people would not be so necessary to him as to induce him to court it by humoring its desires。 If re… eligible （and this is more especially true at the present day； when political morality is relaxed； and when great men are rare）； the President of the United States becomes an easy tool in the hands of the majority。 He adopts its likings and its animosities； he hastens to anticipate its wishes； he forestalls its complaints； he yields to its idlest cravings； and instead of guiding it； as the legislature intended that he should do； he is ever ready to follow its bidding。 Thus； in order not to deprive the State of the talents of an individual； those talents have been rendered almost useless； and to reserve an expedient for extraordinary perils； the country has been exposed to daily dangers。
Federal Courts *b
＇Footnote b： See chap。 VI； entitled 〃Judicial Power in the United States。〃 This chapter explains the general principles of the American theory of judicial institutions。 See also the Federal Constitution； Art。 3。 See 〃The Federalists；〃 Nos。 78…83； inclusive； and a work entitled 〃Constitutional Law；〃 being a view of the practice and jurisdiction of the courts of the United States； by Thomas Sergeant。 See Story； pp。 134； 162； 489； 511； 581； 668； and the organic law of September 24； 1789； in the 〃Collection of the Laws of the United States；〃 by Story； vol。 i。 p。 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
