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• Translator’s Note
• Acknowledgments
• Key Terms
• Foreword
• The Manuscripts of Tocqueville
• Some Details Concerning the Present Edition
• Abbreviations and Symbols Used In This Edition
• Note On the Manuscripts
• Acknowledgments
• Illustrations
• Editor’s Introduction
• I: Legacies
• II: To Understand the Revolution
• Democracy In America a (1835), Volume I]: Part I
• Introduction a
• Chapter 1: Exterior Configuration of North America
• Chapter 2: Of the Point of Departure and Its Importance For the Future of the Anglo-americans a
• Reasons For Some Singularities That the Laws and Customs B of the Anglo-americans Present
• Chapter 3: Social State of the Anglo-americans
• That the Salient Point of the Social State of the Anglo-americans Is to Be Essentially Democratic
• Political Consequences of the Social State of the Anglo-americans
• Chapter 4: Of the Principle of the Sovereignty of the People In America
• Chapter 5: Necessity of Studying What Happens In the Individual States Before Speaking About the Government of the Union a
• Of the Town System In America C
• Town District
• Town Powers In New England
• Of Town Life
• Of Town Spirit In New England
• Of the County In New England
• Of Administration In New England a
• General Ideas On Administration In the United States
• Of the State
• Legislative Power of the State
• Of the Executive Power of the State
• Of the Political Effects of Administrative Decentralization In the United States C
• Chapter 6 A: of the Judicial Power In the United States and Its Action On Political Society B
• Other Powers Granted to American Judges
• Chapter 7: Of Political Jurisdiction In the United States Tn 4
• Chapter 8: Of the Federal Constitution
• Historical Background of the Federal Constitution a
• Summary Picture of the Federal Constitution J
• Attributions of the Federal Government
• Federal Powers
• Legislative Powers: R [difference Between the Constitution of the Senate and That of the House of Representatives]
• Another Difference Between the Senate and the House of Representatives W
• Of Executive Power 16
• How the Position of the President of the United States Differs From That of a Constitutional King In France
• Accidental Causes That Can Increase the Influence of the Executive Power
• Why the President of the United States, to Lead Public Affairs, Does Not Need to Have a Majority In the Chambers
• Of the Election of the President
• Mode of Election
• Election Crisis
• Of the Re-election of the President
• Of the Federal Courts 24
• Way of Determining the Jurisdiction Tn 5 of the Federal Courts
• Different Cases of Jurisdiction
• The Federal Courts’ Way of Proceeding
• Elevated Rank That the Supreme Court Occupies Among the Great Powers of the State
• How the Federal Constitution Is Superior to the State Constitutions
• What Distinguishes the Federal Constitution of the United States of America From All Other Federal Constitutions
• Of the Advantages of the Federal System In General, and of Its Special Utility For America M
• What Keeps the Federal System From Being Within the Reach of All Peoples; and What Has Allowed the Anglo-americans to Adopt It

Summary Picture of the Federal Constitutionj

A first difficulty must have presented itself to the minds of the Americans. It was a question of sharing sovereignty in such a way that the different states that formed the Union continued to govern themselves in everything that related only to their internal prosperity, and that the whole nation, represented by the Union, did not cease to be a body and to provide for all its general needs. A complex question, difficult to resolve.k

It was impossible to set in advance, in an exact and complete manner, the portion of power that had to revert to each of these two governments that were going to share sovereignty.

Who would be able to anticipate in advance all the details of the life of a people?

The duties and rights of the federal government were simple and easy enough to define, because the Union had been formed for the purpose of meeting a number of great general needs. The duties and rights of the government of the states were, on the contrary, numerous and complicated, because this government penetrated into all the details of social life.

So the attributions of the federal government were defined with great care,m and everything that was not included in the definition was declared to be part of the attributions of the government of the states. Thus, the government of the states remained the normal law; the federal government was the exception.6

But it was anticipated that, in practice, questions could arise relative to the exact limits of this exceptional government, and that it would be dangerous to abandon the solution of these questions to the ordinary courts established in the different states, by the states themselves. So a high federal court,7 a single tribunal, was created; one of its attributions was to maintain the division of powers between the two rival governments as the Constitution had established it.8

[k. ] In the margin: “I believe that the principle of the unity of the American people regarding the matters provided for in the Constitution—principle rich in consequences and which you come back to constantly—must be placed at the beginning of this part (I do not know where).”

[6. ]See amendments to the federal Constitution. Federalist, No. 32. Story [Commentaries (ed.)], p. 711. Kent’s Commentaries, vol. I, p. 364.

Note indeed that, whenever the Constitution has not reserved to Congress the exclusive right to regulate certain matters, the states can do so, while waiting for Congress to choose to take charge of them. Example: Congress has the right to pass a general bankruptcy law; it doesn’t do so; each state could pass one in its own way. This point was established, moreover, only after discussion before the courts. It is only jurisprudence.

[7. ] The action of this court is indirect, as we will see later.