The Online Library of Liberty

A project of Liberty Fund, Inc.

• Democracy In America (1835), Volume II: Part Ii
• Chapter 1: How It Can Be Strictly Said That In the United States It Is the People Who Govern
• Chapter 2: Of Parties In the United States
• Of the Remnants of the Aristocratic Party In the United States
• Chapter 3: Of Freedom of the Press In the United States
• That the Opinions Established Under the Dominion of Freedom of the Press In the United States Are Often More Tenacious Than Those That Are Found Elsewhere Under the Dominion of Censorship. N
• Chapter 4: Of Political Association In the United States
• Different Ways In Which the Right of Association Is Understood In Europe and In the United States, and the Different Use That Is Made of That Right
• Chapter 5: Of the Government of Democracy In America
• Of Universal Suffrage
• Of the Choices of the People and of the Instincts of American Democracy In Its Choices
• Of the Causes That Can Partially Correct These Democratic Instincts
• Influence That American Democracy Has Exercised On Electoral Laws M
• Of Public Officials Under the Dominion of American Democracy
• Of the Arbitrariness of Magistrates 2 Under the Dominion of American Democracy X
• Administrative Instability In the United States
• Of Public Expenses Under the Dominion of American Democracy
• Of the Instincts of American Democracy In Determining the Salaries of Officials
• Difficulty of Discerning the Causes That Lead the American Government to Economy X
• [influence of the Government of Democracy On the Tax Base {and On the Use of the Tax Revenues}] a
• [influence of Democratic Government On the Use of Tax Revenues]
• Can the Public Expenditures of the United States Be Compared With Those of France J
• Of the Corruption and Vices of Those Who Govern In Democracy; of the Effects On Public Morality That Result From That Corruption and Those Vices
• Of What Efforts Democracy Is Capable
• Of the Power That American Democracy Generally Exercises Over Itself
• Of the Manner In Which American Democracy Conducts the Foreign Affairs of the State
• Chapter 6 A: What Are the Real Advantages That American Society Gains From the Government of Democracy?
• Of the General Tendency of Laws Under the Dominion of American Democracy, and of the Instinct of Those Who Apply Them
• Of Public Spirit In the United States O
• Of the Idea of Rights In the United States
• Of the Respect For the Law In the United States X
• Activity That Reigns In All Parts of the Political Body In the United States; Influence That It Exercises On Society
• Chapter 7: Of the Omnipotence of the Majority In the United States and Its Effects a
• How the Omnipotence of the Majority In America Increases the Legislative and Administrative Instability That Is Natural to Democracies
• Tyranny of the Majority M
• Effects of the Omnipotence of the Majority On the Arbitrariness of American Public Officials
• Of the Power Exercised By the Majority In America Over Thought
• Effect of Tyranny of the Majority On the National Character of the Americans; of the Courtier Spirit In the United States
• That the Greatest Danger to the American Republics Comes From the Omnipotence of the Majority
• Chapter 8: Of What Tempers Tyranny of the Majority In the United States
• Absence of Administrative Centralization
• Of the Spirit of the Jurist In the United States, and How It Serves As Counterweight to Democracy F
• Of the Jury In the United States Considered As a Political Institution W
• Chapter 9: Of the Principal Causes That Tend to Maintain the Democratic Republic In the United States a
• Of the Accidental Or Providential Causes That Contribute to Maintaining the Democratic Republic In the United States E
• Of the Influence of Laws On Maintaining the Democratic Republic In the United States
• Of the Influence of Mores On Maintaining the Democratic Republic In the United States
• Of Religion Considered As a Political Institution, How It Serves Powerfully to Maintain the Democratic Republic Among the Americans [*]
• Indirect Influence Exercised By Religious Beliefs On Political Society In the United States
• Of the Principal Causes That Make Religion Powerful In America P
• How the Enlightenment, Habits, and Practical Experience of the Americans Contribute to the Success of Democratic Institutions
• That Laws Serve More to Maintain the Democratic Republic In the United States Than Physical Causes, and Mores More Than Laws
• Would Laws and Mores Be Sufficient to Maintain Democratic Institutions Elsewhere Than In America?
• Importance of What Precedes In Relation to Europe T
• Chapter 10: Some Considerations On the Present State and Probable Future of the Three Races That Inhabit the Territory of the United States a
• Present State and Probable Future of the Indian Tribes That Inhabit the Territory Possessed By the Union H
• Position That the Black Race Occupies In the United States; 30 Dangers to Which Its Presence Exposes the Whites C
• What Are the Chances For the American Union to Last? What Dangers Threaten It? M
• Of Republican Institutions In the United States, What Are Their Chances of Lasting?
• Some Considerations On the Causes of the Commercial Greatness of the United States
• Conclusion a
• Notes
• First Part
• (a) Page 36
• (b) Page 38
• (c) Page 40 On the American Languages
• (d) Page 42
• (e) Page 64
• (f) Page 70
• (g) Page 84
• (h) Page 97 Summary of Electoral Conditions In the United States
• (i) Page 161
• (k) Page 165
• (l) Page 170
• (m) Page 171
• (n) Page 185
• (o) Page 276
• Second Part

Effects of the Omnipotence of the Majority on the Arbitrariness of American Public Officials

Arbitrariness must be carefully distinguished from tyranny. Tyranny can be exercised by means of the law itself, and then it is not arbitrary; arbitrariness can be exercised in the interests of the governed, and then it is not tyrannical.x

Tyranny usually makes use of arbitrariness, but if necessary it knows how to do without it.

In the United States, the omnipotence of the majority, at the same time that it favors the legal despotism of the legislator, also favors the arbitrariness of the magistrate. Because the majority has absolute control over making the law and supervising its execution, and has equal control over those governing and those governed, it regards public officials as its passive agents and willingly relies on them to take care of serving its designs. So the majority does not enter in advance into the details of the duties of public officials and scarcely takes the trouble to define their rights. It treats them as a master would treat his servants, if, having their behavior always in view, he could direct or correct their conduct at every moment.

In general, the law leaves American officials much more free than ours within the circle that is drawn around them. Sometimes the majority even allows them to go outside of this circle. Guaranteed by the opinion of the greatest number and strong because of their support, they then dare things that a European, accustomed to the spectacle of arbitrariness, still finds astonishing. In this way, habits being formed within liberty that, one day, will be able to become destructive to it.

[x. ] In the manuscript: “≠Arbitrariness must be carefully distinguished from tyranny, and tyranny from arbitrariness. Arbitrariness can be not tyrannical, and tyranny can be not arbitrary. In the United States there is almost never arbitrariness, but sometimes there is tyranny.≠”

To the side: “≠When Louis XIV regulated by himself and with sovereign power the commercial rights [doubtful reading (ed.)] of his subjects, he committed an arbitrary but not a tyrannical act.

“When the National Assembly ordered [blank space in the manuscript (ed.)], it committed a tyrannical act but not an arbitrary act.≠”