the opinions
of different parties in those countries. In America I met with men who
secretly aspired to destroy the democratic institutions of the Union; in
England I found others who attacked the aristocracy openly, but I
know of no one who does not regard provincial independence as a great
benefit. In both countries I have heard a thousand different causes
assigned for the evils of the State, but the local system was never
mentioned amongst them. I have heard citizens attribute the power and
prosperity of their country to a multitude of reasons, but they all
placed the advantages of local institutions in the foremost rank. Am
I to suppose that when men who are naturally so divided on religious
opinions and on political theories agree on one point (and that one
of which they have daily experience), they are all in error? The only
nations which deny the utility of provincial liberties are those which
have fewest of them; in other words, those who are unacquainted with the
institution are the only persons who pass a censure upon it.
Chapter VI: Judicial Power In The United States
Chapter Summary
The Anglo-Americans have retained the characteristics of judicial power
which are common to all nations--They have, however, made it a powerful
political organ--How--In what the judicial system of the Anglo-Americans
differs from that of all other nations--Why the American judges have the
right of declaring the laws to be unconstitutional--How they use this
right--Precautions taken by the legislator to prevent its abuse.
Judicial Power In The United States And Its Influence On Political
Society.
I have thought it essential to devote a separate chapter to the judicial
authorities of the United States, lest their great political importance
should be lessened in the reader's eyes by a merely incidental mention
of them. Confederations have existed in other countries beside America,
and republics have not been established upon the shores of the New
World alone; the representative system of government has been adopted
in several States of Europe, but I am not aware that any nation of
the globe has hitherto organized a judicial power on the principle now
adopted by the Americans. The judicial organization of the United States
is the institution which a stranger has the greatest difficulty
in understanding. He hears the authority of a judge invoked in the
political occurrences of every day, and he naturally concludes that
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