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(N) Page 185 - Alexis de Tocqueville, Democracy in America: Historical-Critical Edition, vol. 2 [1835]

Edition used:

Democracy in America: Historical-Critical Edition of De la démocratie en Amérique, ed. Eduardo Nolla, translated from the French by James T. Schleifer. A Bilingual French-English editions, (Indianapolis: Liberty Fund, 2010). Vol. 2.

Part of: Democracy in America: Historical-Critical Edition, 4 vols.

About Liberty Fund:

Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals.


(N) Page 185

There is no subject on which the American constitutions agree more than on political jurisdiction.

All the constitutions that deal with this subject give the house of representatives the exclusive right to accuse, except only the Constitution of North Carolina, which grants the same right to the grand juries (article 23).

Nearly all the constitutions give to the senate, or to the assembly that takes its place, the exclusive right to judge.

The only penalties that the political courts can pronounce are: dismissal or banning from public offices in the future. Only the Constitution of Virginia allows pronouncing all types of penalties.

Crimes that can lead to political jurisdiction are: in the federal Constitution (sect. IV, art. I) [Article II, Section 4 (ed.)], in that of Indiana (art. 3, pp. 23 and 24), of New York (art. 5), of Delaware (art. 5), high treason, corruption and other high crimes or misdemeanors;

In the Constitution of Massachusetts (ch. I, sect. II), of North Carolina (art. 23), and of Virginia (p. 252), bad conduct and bad administration;

In the Constitution of New Hampshire (p. 105), corruption, reprehensible schemes, and bad administration;

In Vermont (ch. II, art. 24), bad administration;

In South Carolina (art. 5), Kentucky (art. 5), Tennessee (art. 4), Ohio (art. 1, #23, 24), Louisiana (art. 5), Mississippi (art. 5), Alabama (art. 6), Pennsylvania (art. 4), crimes committed in office.

In the states of Illinois, Georgia, Maine and Connecticut, no crime is specified.