The Principle Of The Sovereignty Of The People In America
Whenever the political laws of the United States are to be discussed, it is with the doctrine2 of the sovereignty of the people that we must begin. The principle of the sovereignty of the people, which is to be found, more or less, at the bottom of almost all human institutions, generally remains3 concealed4 from view. It is obeyed without being recognized, or if for a moment it be brought to light, it is hastily cast back into the gloom of the sanctuary5. "The will of the nation" is one of those expressions which have been most profusely6 abused by the wily and the despotic of every age. To the eyes of some it has been represented by the venal7 suffrages8 of a few of the satellites of power; to others by the votes of a timid or an interested minority; and some have even discovered it in the silence of a people, on the supposition that the fact of submission10 established the right of command.
In America the principle of the sovereignty of the people is not either barren or concealed, as it is with some other nations; it is recognized by the customs and proclaimed by the laws; it spreads freely, and arrives without impediment at its most remote consequences. If there be a country in the world where the doctrine of the sovereignty of the people can be fairly appreciated, where it can be studied in its application to the affairs of society, and where its dangers and its advantages may be foreseen, that country is assuredly America.
I have already observed that, from their origin, the sovereignty of the people was the fundamental principle of the greater number of British colonies in America. It was far, however, from then exercising as much influence on the government of society as it now does. Two obstacles, the one external, the other internal, checked its invasive progress. It could not ostensibly disclose itself in the laws of colonies which were still constrained11 to obey the mother-country: it was therefore obliged to spread secretly, and to gain ground in the provincial12 assemblies, and especially in the townships.
American society was not yet prepared to adopt it with all its consequences. The intelligence of New England, and the wealth of the country to the south of the Hudson (as I have shown in the preceding chapter), long exercised a sort of aristocratic influence, which tended to retain the exercise of social authority in the hands of a few. The public functionaries13 were not universally elected, and the citizens were not all of them electors. The electoral franchise14 was everywhere placed within certain limits, and made dependent on a certain qualification, which was exceedingly low in the North and more considerable in the South.
The American revolution broke out, and the doctrine of the sovereignty of the people, which had been nurtured15 in the townships and municipalities, took possession of the State: every class was enlisted16 in its cause; battles were fought, and victories obtained for it, until it became the law of laws.
A no less rapid change was effected in the interior of society, where the law of descent completed the abolition17 of local influences.
At the very time when this consequence of the laws and of the revolution was apparent to every eye, victory was irrevocably pronounced in favor of the democratic cause. All power was, in fact, in its hands, and resistance was no longer possible. The higher orders submitted without a murmur18 and without a struggle to an evil which was thenceforth inevitable19. The ordinary fate of falling powers awaited them; each of their several members followed his own interests; and as it was impossible to wring20 the power from the hands of a people which they did not detest21 sufficiently22 to brave, their only aim was to secure its good-will at any price. The most democratic laws were consequently voted by the very men whose interests they impaired23; and thus, although the higher classes did not excite the passions of the people against their order, they accelerated the triumph of the new state of things; so that by a singular change the democratic impulse was found to be most irresistible in the very States where the aristocracy had the firmest hold. The State of Maryland, which had been founded by men of rank, was the first to proclaim universal suffrage9, and to introduce the most democratic forms into the conduct of its government.
When a nation modifies the elective qualification, it may easily be foreseen that sooner or later that qualification will be entirely24 abolished. There is no more invariable rule in the history of society: the further electoral rights are extended, the greater is the need of extending them; for after each concession25 the strength of the democracy increases, and its demands increase with its strength. The ambition of those who are below the appointed rate is irritated in exact proportion to the great number of those who are above it. The exception at last becomes the rule, concession follows concession, and no stop can be made short of universal suffrage.
At the present day the principle of the sovereignty of the people has acquired, in the United States, all the practical development which the imagination can conceive. It is unencumbered by those fictions which have been thrown over it in other countries, and it appears in every possible form according to the exigency26 of the occasion. Sometimes the laws are made by the people in a body, as at Athens; and sometimes its representatives, chosen by universal suffrage, transact27 business in its name, and almost under its immediate28 control.
In some countries a power exists which, though it is in a degree foreign to the social body, directs it, and forces it to pursue a certain track. In others the ruling force is divided, being partly within and partly without the ranks of the people. But nothing of the kind is to be seen in the United States; there society governs itself for itself. All power centres in its bosom29; and scarcely an individual is to be meet with who would venture to conceive, or, still less, to express, the idea of seeking it elsewhere. The nation participates in the making of its laws by the choice of its legislators, and in the execution of them by the choice of the agents of the executive government; it may almost be said to govern itself, so feeble and so restricted is the share left to the administration, so little do the authorities forget their popular origin and the power from which they emanate30.
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1 irresistible | |
adj.非常诱人的,无法拒绝的,无法抗拒的 | |
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2 doctrine | |
n.教义;主义;学说 | |
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3 remains | |
n.剩余物,残留物;遗体,遗迹 | |
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4 concealed | |
a.隐藏的,隐蔽的 | |
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5 sanctuary | |
n.圣所,圣堂,寺庙;禁猎区,保护区 | |
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6 profusely | |
ad.abundantly | |
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7 venal | |
adj.唯利是图的,贪脏枉法的 | |
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8 suffrages | |
(政治性选举的)选举权,投票权( suffrage的名词复数 ) | |
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9 suffrage | |
n.投票,选举权,参政权 | |
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10 submission | |
n.服从,投降;温顺,谦虚;提出 | |
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11 constrained | |
adj.束缚的,节制的 | |
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12 provincial | |
adj.省的,地方的;n.外省人,乡下人 | |
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13 functionaries | |
n.公职人员,官员( functionary的名词复数 ) | |
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14 franchise | |
n.特许,特权,专营权,特许权 | |
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15 nurtured | |
养育( nurture的过去式和过去分词 ); 培育; 滋长; 助长 | |
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16 enlisted | |
adj.应募入伍的v.(使)入伍, (使)参军( enlist的过去式和过去分词 );获得(帮助或支持) | |
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17 abolition | |
n.废除,取消 | |
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18 murmur | |
n.低语,低声的怨言;v.低语,低声而言 | |
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19 inevitable | |
adj.不可避免的,必然发生的 | |
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20 wring | |
n.扭绞;v.拧,绞出,扭 | |
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21 detest | |
vt.痛恨,憎恶 | |
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22 sufficiently | |
adv.足够地,充分地 | |
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23 impaired | |
adj.受损的;出毛病的;有(身体或智力)缺陷的v.损害,削弱( impair的过去式和过去分词 ) | |
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24 entirely | |
ad.全部地,完整地;完全地,彻底地 | |
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25 concession | |
n.让步,妥协;特许(权) | |
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26 exigency | |
n.紧急;迫切需要 | |
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27 transact | |
v.处理;做交易;谈判 | |
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28 immediate | |
adj.立即的;直接的,最接近的;紧靠的 | |
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29 bosom | |
n.胸,胸部;胸怀;内心;adj.亲密的 | |
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30 emanate | |
v.发自,来自,出自 | |
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