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Volume I: Part 2, chapter 7, 9

Chapter 7: The Omnipotence of the Majority in the United States

and Its Effects

The principle that governs a democracy is that the majority determines the law.

The Americans want their legislators to be elected directly and to serve short terms
in office so that the people have more chances to exert their influence. The
legislature is also the most powerful branch of the government. In some states,
even the judges are elected by majority vote.

The moral authority of the majority stems from "the theory of equality applied to
brains"that is, since everyone's opinion is of equal worth, the best opinion must be
the opinion of the majority. The majority's authority is further strengthened by the
idea that the interest of the greater number should take precedence over that of the
lesser number.

These ideas have not created class antagonisms in the United States because most
colonial settlers were already relatively equal in status, wealth and education. In
addition, most people support the rights of the majority because the hope one day
to profit from them.

How in America the Omnipotence of the Majority Increases the

Legislative and Administrative Instability Natural to Democracies
The vices of democracy increase with the growing power of the majority. For
instance, legislative instability plagues the United States, because the legislative
powerthe power most influenced by the will of the majorityis sovereign. As a
result, American laws have an extremely short duration, and execution of the laws is
unstable as well. The public easily becomes impassioned to fight for certain causes,
but when achieving goals require patience and tenacity, they quickly give up.

Tyranny of the Majority

Justice places boundaries on the will of the majority. If a single person can abuse
authority against his adversaries, a majority can do the same against a minority. For
a society to function, it is necessary to have some social power superior to all
others, but that power is dangerous when there is no obstacle to restrain and
moderate it.

The biggest problem with the democratic government of the United States is not its
weakness but its overwhelming strength, and "the shortage of guarantees against
tyranny." There is no one to whom a person can turn if has suffered injustice,
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because everything is controlled by the majority. The fact that America has not yet
fallen into this tyranny of the majority is due not to its governmental institutions or
laws but to its mores.

Effect of the Omnipotence of the Majority on the Arbitrary Power of

the American Public Officials
The majority allows the magistrates to have a large amount of arbitrary power
because it knows that they are constantly under its supervision. "It treats them as a
master treats his servants if, always seeing them under his eyes, he could direct or
correct them at any moment."

The Power Exercised by the Majority in America over Thought

Control of public thought is the most complete form of tyranny. In America, once the
majority's opinion has been pronounced, no one contradicts it. There is extremely
little independence of mind and freedom of discussion. People who disagree with
the majority have no other power to whom they can resort for help, because the
majority is the sole authority and source of strength. This control extends over
writing as well as speech. There may be no official restrictions on writing, but if a
person challenges the opinion of the majority all doorsprofessionally and
sociallyare shut to him. In democratic republics, tyranny "leaves the body alone
and goes straight for the soul." This tyranny of the majority is the reason for the
lack of literary genius in America, because great writers need freedom of spirit.
Right now the power of the majority is well-used, because mores are good, but it
may not always be so.

Effects of the Majority's Tyranny on American National Character;

the Courtier Spirit in the United States
The rareness of outstanding politicians in America is due to the despotism of the
majority. In democracies the temptation to live off of one's passions is much greater
than in monarchies or aristocracies, and the result is that standards of conduct in
general are lowered.

When speaking to people in private one finds that their opinions differ and that they
may criticize the government, but in public everyone seems to be of one mind.
Politicians in the United States are of such poor quality because they are the
flatterers of the majority and have submitted themselves to its tyranny in order to
gain power.

The Greatest Danger to the American Republics Comes from the

Omnipotence of the Majority
The power directing society in a democracy may be unstable, but it is extremely
strong. America thus has to fear tyranny much more than anarchy, and if anarchy
comes about it will be the result of tyranny driving the minority to desperation.
Tocqueville quotes Jefferson, who writes that it is necessary " to guard one part of
society against the injustice of the other part,'" and that " the tyranny of the
legislature is the most formidable dread at present.'"
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Analysis
Always concerned with the maintenance of freedom in a nation, Tocqueville is
especially troubled by the tendency of democracies to succumb to the tyranny of
the majority, a tyranny no less real and no less terrible than an autocratic tyranny.
In the United States, where the principle of the sovereignty of the people reigns
supreme, the force of the majority is overpowering. While so far the omnipotence of
the majority has only resulted in small inconveniences such as legislative
incompleteness, "the consequences of this state of affairs are fate-laden and
dangerous for the future." Omnipotence in human hands is always dangerous; "only
God can be omnipotent without danger, because His wisdom and justice are always
equal to His power." The rule of the majority in America is living proof that
majority's power is well out of proportion with its wisdom and justice.

The dangerous effects of the omnipotence of the majority are already evident in the
lack of free thought in America. While, in principle and by law, everyone can say,
think or write whatever he likes, in reality the opinion of the majority becomes an
unquestionable dogma. "Formerly," write Tocqueville, "tyranny used the clumsy
weapons of chains and hangmen; nowadays even despotism, though it seemed to
have nothing more to learn, has been perfected by civilization." Tyranny in
democracies goes straight to the soul. It is all the more dangerous precisely
because it is hidden and exercises no external physical constraints; thus hardly
anyone is able to recognize and no one reacts against it. Besides, a majority of the
people are benefiting from it, and consequently will not want to oppose it. Therefore
the tyranny of the majority is a great danger to all nations in which the ideals of
equality and sovereignty of the people are paramount. The ways to combat this
fatal tendency have been touched upon in previous chaptersfor instance, local
liberties, good mores, an independent executive, and a strong judiciarybut they
will be systematically discussed in the following chapter.

Chapter 9: Causes Tending to Maintain a Democratic Republic in the

United States
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Accidental or Providential Causes Helping to Maintain a Democratic

Republic in the United States
America has no powerful nations and consequently no great wars. There is no great
capital in the country that has an influence over the whole land, and this situation
helps to maintain the local liberties which are so important for freedom. The land
itself has helped America to remain strong because it gave the people the ability to
remain equal and free, and provided the means for general prosperity which aids
government stability.

The western migration is an extraordinary phenomenon, in which people band

together in search of fortune. The restless spirit which drives people to move west is
very good for the country, because it prevents the population from being
concentrated in only a few places. Material concerns are what really move the
American people, driving them to action and exerting a strong influence over their
opinions.

Influence of the Laws upon the Maintenance of a Democratic

Republic in the United States
It is not necessary to repeat all the details about American laws found in other
chapters, but there are three main factors in these laws that help to maintain a
democratic republic in the United States: the federal form of government, the
communal institutions which moderate the despotism of the majority, and the
organization of judicial power.

Influence of Mores upon the Maintenance of a Democratic Republic

in the United States
Tocqueville uses the word mores to mean "the whole moral and intellectual states of
a people." Mores are one of the great causes helping to maintain American
democracy.

Religion Considered as a Political Institution and How it Powerfully

Contributes to the Maintenance of a Democratic Republic Among the
Americans
Religion and politics go hand in hand in America, because the Christianity of the
settlers was highly democratic and republican in character. There have also been
many Catholic immigrants that came to America. Catholicism is actually very
favorable to equality of condition, because the same standards and ideas apply to
everyone. While the Catholics are very obedient on articles of faith, political ideas
are believed to be open to debate, and consequently they are very independent
citizens. Therefore all religious ideas in the United States are quite to conducive to
democratic and republican institutions.

Indirect Influence of Religious Beliefs upon Political Society in the

United States
It is very important for society that its members should profess some religion,
because it provides a common morality. America is one of the most religious
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countries, and religious beliefs have a powerful influence in directing mores. Women
tend to be more influenced by religion than men, and women also have a very
important role in shaping mores through their domestic work. In morality,
everything in America is certain and absolute, but in politics everything is up for
debate. Religion is thus the primary political institution in that it teaches people how
to use their freedom wisely. Even those who are not very religious realize religion's
importance for the maintenance of republican institutions.

The Main Causes That Make Religion Powerful in America

Eighteenth-century philosophers were incorrect when they said that enlightenment
would replace religion, because in America one finds that the most free and
enlightened people are also the most religious. The main reason for religion's
strength in America is the separation of church and state. In America the clergy
never hold public office and are not politically active. While the power of religion
seems diminished without an alliance with political power, it is actually stronger.
Religion is natural for the human person, and widespread irreligiousity only comes
about in unnatural circumstances. Political power is by nature ephemeral, and thus
if religion wants to have lasting influence it is best for it to remain independent of
politics. In addition, in a democratic country it is extremely important that religion
remain apolitical because the political sphere is constantly in a state of flux and is
always changing according to public opinion.

The two dangers which religion faces are schism and indifference. In the case of
schism, beliefs are modified but do not die. But when religion is slowly undermined
by doctrines that assert its falseness without offering another belief in its place,
people lose their belief without even being completely aware of it. In such a
situation, unbelievers still consider religion useful and often do not proclaim their
unbelief, while believers are not afraid to manifest their beliefs. Religion is therefore
still honored publicly.

In France this analysis does not apply because the close union of religion and
politics has created an unnatural state of vehement unbelief.

How the Enlightenment, Habits and Practical Experience of the

Americans Contribute to the Success of Democratic Institutions
The American spirit is highly pragmatic. They are few highly learned people, but
also extremely few uneducated people. Public education is a great contribution to
the maintenance of a democratic republic, especially when education also teaches
proper mores. Americans have gained most of their knowledge of government from
experiencefrom taking a share in legislation. Education in the United States is
directed toward political life.

The Laws Contribute More the Maintenance of the Democratic

Republic in the United States Than Do the Physical Circumstances of
the Country, and Mores Do More Than the Laws
The United States is the only democracy which has been able to maintain itself
without violence. This situation is not due only to geography, because in South
America the people have not even been to maintain any sort of stable government.
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American legislation, as a whole, has also contributed to the success of democracy.

But the greatest factor allowing the United States to maintain a democracy is
mores.

Elsewhere Than in America, Would Laws and Mores Be Enough to

Maintain Democratic Institutions?
If one just transplanted the Anglo-Americans, with their particular ideas and mores,
to Europe in its present state, they would to modify their laws to live there. But
perhaps in Europe one could have a democratic society with more centralized
national strength. Americans have many of the same negative democratic passions
as Europeans, such as a uniquely democratic envy expressed toward anyone who
seemed to place himself above the level of others. But Americans have combated
some of democracy's weaknesses, opposing "the idea of rights to feelings of envy"
and balancing "the stability of religious morality to the constant changes in the
world of politics."

The Importance of the Foregoing in Relation to Europe

The reason so much time has been spent discussing these matters is that they are
relevant to the whole world. The barriers holding tyranny back in most of Europe are
gone, particularly the loss of religion and the degeneration of mores. European
nations will soon either become tyrannies or democracies. The gradual development
of good mores and democratic institutions is therefore the only way to remain free.
While democracy has its faults and imperfections, it is preferable to despotism.

Analysis
Living in the wake of the French Revolution and witnessing the turmoil and
instability of his nation, Alexis de Tocquevillewas confronted first-hand with the
problem of how religion and the state should relate. In comparing and contrasting
the general political and social situations in America and France, Tocqueville found
two highly disparate configurations of the church-state relationship and was able to
observe the ramifications of those configurations in society as a whole. Tocqueville's
observations led him to argue in both Democracy in America and The Old Regime
and the French Revolution that religion is one of the main factors necessary for the
maintenance of democratic society. When church and state are separate,
democracy and religion complement each almost perfectly, although tensions do
exist between the two. In Democracy in America, Tocqueville argues that religion
corrects many of the prominent flaws of democracyindividualism, materialism, lack
of stability, and the tendency to misuse or undervalue libertywhile the separation
of church and state helps religion to maintain and even increase its influence in
society.
In contrasting America and France, the one all-important factor that Tocqueville sees
as creating a salutary religious situation in America as opposed to France is the
separation of church and state. Tocqueville believes that the discarding of religion
was one of the main reasons for the French Revolution's failure and for the huge
social and political turmoil which ensued. The revolutionaries did not realize that
Christian beliefs were actually in line with their principles and could have aided their
cause. Tocqueville remarks: "By a strange concatenation of events, religion for the
moment has become entangled with those institutions which democracy
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overthrows, and so is it is often brought to rebuff the equality which it loves and to
abuse freedom as its adversary, whereas by taking it by the hand it could sanctify
its striving" (Introduction)

During Tocqueville's travels in America, he found that "the main reason for the quiet
sway of religion over their country was the complete separation of church and
state." Upon investigating the situation, Tocqueville was surprised to find that
priests "held no public appointments," that "most of [the clergy] seemed voluntarily
to steer clear of power," and that "they were careful to keep clear of all parties." To
an eighteenth-century Frenchman, accustomed to the political interference of the
Church, the attitudes of the clergy in America must have indeed seemed strange.
Yet what was even more striking to Tocqueville was that "by diminishing the
apparent power of religion one increased its real strength." What he came to
understand was that religion is not an accidental phenomenon which must be forced
upon a people by the power of the government. On the contrary, "Religion . . . is
only one particular form of hope, and it is as natural to the human heart as hope
itself. It is by a sort of intellectual aberration, and in a way by doing violence to their
own nature, that men detach themselves from religious beliefs; an invincible
alienation draws them back. Incredulity is an accident; faith is the only permanent
state of mankind." As a result of this natural religious inclination in man, separating
the church from the state does not in any way reduce religion's force but actually
tends to increase its strength in society.

Political power is by nature transient and ephemeral; even the most permanent and
stable governments are not immune to changes in laws or even complete
revolutions. "The powers of society are all more or less transitory," posits
Tocqueville, "and there has never been a government supported by some invariable
disposition of the human heart or one founded upon some interest that is immortal."
Religion, on the other hand, is a timeless and eternal force in the heart of man. If it
connects itself to earthly powers, religion will suffer the misfortune of being dragged
down by the vicissitudes of politics: "Alone, [a religion] may hope for immortality;
linked to ephemeral powers, it follows their fortunes and often falls together with
the passions of a day sustaining them." This idea is especially true in democratic
nations, where the sway of opinion can so easily change the social and legal
arrangements. Therefore it is particularly important that America has kept religion
completely separate from the political sphere. As Tocqueville asserts, "If the
Americans, who change the head of state every four years, elect new legislators
every two years and replace provincial administrators every year, and if the
Americans, who had handed over the world of politics to the experiments of
innovators, had not placed religion beyond their reach, what could it hold on to in
the ebb and flow of human opinions?" While religion in America may not have the
same powerful, external force that it does in nations where the church is connected
to the state, "its influence is more lasting" because it has not tied itself to the
transitory earthly regime.

Tocqueville's experiences clearly demonstrate that religion will fare much better in a
society where church and state are separate, but now the question is whether
society itself fares better as a result of religion's influence. The answer from
Tocqueville is a resounding yes, especially for democratic republics. In fact, religion
is one of the most powerful forces working for the maintenance of democratic
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society. As a result of their excessive love for equality and their misunderstanding of
and lack of appreciation for liberty, democracies are in danger of degenerating into
individualistic, unstable, materialistic, and even despotic societies. Religion is
among the most effective and important counters to these maleficent tendencies of
democratic nations.

These tendencies are discussed much more in Volume Two, but in this chapter
Tocqueville focuses on how religion fulfills the essential role of teaching people to
use their liberty well. One of the most important ways in which religion performs
this task is through its influence on women. While with the many temptations
prompted by ambition and greed "religion is often powerless to restrain men," "it
reigns supreme in the souls of women, and it is women who shape mores." Women's
vehicle for shaping mores is their influence in domestic life. Tocqueville observes
that "of all countries in the world America is the one in which the marriage tie is
most respected." The societal significance of strong and happy marriages is not to
be underestimated. As Tocqueville points out, "In Europe all the disorders of society
are born around the domestic hearth and not far from the nuptial bed." The problem
is that when domestic life is unsettled, disorderly and unstable, these tendencies
carry over into political life as well. On the other hand, "when the American returns
from the turmoil of politics to the bosom of the family, he immediately finds a
perfect picture of order and peace. . . . And as the regularity of life brings him
happiness, he easily forms the habit of regulating his opinions as well as his tastes."
Even beyond helping to temper his passions, domestic life provides the American
with "that love of order which he carries over into the affairs of the state."

The laws in democratic societies are relatively lenient, and there are few restrictions
on the types of new legislation that can be enacted. This leniency can be
dangerous, for it can lead to the enactment of laws which may ostensibly be for the
benefit of society but which in fact can lead to tyranny. Thanks to the prominence of
Christian moral principles, however, "no one in the United States has dared to
profess the maxim that everything is allowed in the interests of society, an impious
maxim apparently invented in an age of freedom in order to legitimize every future
tyrant." Religion therefore acts as a powerful force to prevent Americans from
abusing their freedom in order to gain power at the cost of their countrymen's
liberty. As Tocqueville asserts, "While the law allows the American people to do
everything, there are things which religion prevents them from imagining and
forbids them to dare." It is for the reason that Tocqueville makes the rather bold
claim that religion "should therefore be considered as the first of their political
institutions, for although it did not give them the taste for liberty, it singularly
facilitates their use thereof." Tocqueville's warning to the French revolutionaries who
would like to eradicate religion from their country is particularly relevant in this
context. He writes that "despotism may be able to do without faith, but freedom
cannot. Religion is much more needed in the republic they advocate than in the
monarchy they attack, and in democratic republics most of all. How could society
escape destruction if, when political ties are relaxed, moral ties are not tightened?
And what can be done with a people master of itself if it is not subject to God?"

What Tocqueville's analysisboth in this chapter and in Volume Twodemonstrates is

that religion is one of the key forces that tends to the preservation of democratic
societies. Indeed, considering his lengthy and detailed treatment of it and his
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constant praise for its benefits, it is not too much to claim that in Tocqueville's
opinion religion is the important and most necessary element in any democracy. It
buoys up and corrects democratic societies at their weakest points, helping society
to run more smoothly in both political and private matters, and helping individuals
within society to leader happier and more fulfilling lives.

In the United States, judicial power has the same scope and limitations as elsewhere in

the civilized world. This means that courts can only decide on special cases and

when it is called upon to challenge a specific right. Like any government official,

judges are accountable to the laws they are representing. The American judicial

system also holds an unusual political power based on the Constitution. A court

can change the Constitution upon which all the rights are founded. A judge can

also refuse to apply a law if he the law is deemed unconstitutional. This system

of judicial review, allowing the legislature to keep power of the judicial system in

check and vice versa, is a safeguard against tyranny. Generally, American justice

is made more efficacious by being applied mildly but evenly. After the American

Revolutionary war, the government defined very precisely the powers that

belonged to the Federal domain and the States inherited those that were left out.

Thus, the States remained the most important source of power to the people. The

government also established the Federal Court to maintain the balance of power

between the Confederation and the States when the rights of the latter were

questioned. Thus, the Federal government's power is highly centralized, but its

powers remain limited and its administration decentralized.

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Despite its enormous size and as America is protected from the rest of the world

by two oceans, the United States has no immediate enemy whose conflicting interests

could result in an armed conflict. The country doesn't have a unique capital either; the

centers of economic and political power are distributed across the States, making

popular uprising a highly improbable event. For these reasons, the United States

residents can enjoy the blessings of both a small and a big nation. Like in a small nation,

the people hold a greater control of their rights and resources; like citizens of a stronger

nation, they enjoy a better protection and a high level of security. It would be difficult for

a European nation to maintain a similar confederate form of government, divided and

united at the same time. This is because, in the European continent, every nation lives

under the constant threat of invasion from neighboring states. Therefore, the political

elite has to protect its establishment against a people's rebellion.

Political parties are an "evil" but necessary component of a democratic society.

Before the American Revolution, there were two great parties in the United States: The

Federalist Party, which aimed at restricting the people's power, and the Republican

Party, which aimed at extending it. The Federalist Party held power until Jefferson's

Republicans were elected, then the Federalist party dissolved by joining the other

political factions. The Federalists enabled the governing Republican to incorporate many

of their ideas in the Constitution. This helped to tame the negative aspects of

democracy. Since then political parties have lost their "greatness" and are only factions

in the debates that characterize the American democracy. The "great" political parties,

those that defended principles over private interests, have all but disappeared. The

remaining political parties mirror the people's disagreements that they aim to represent.

They have much to disagree on shades and details, but little is left to debate on the

fundamental issues and principles. To get recognized and elected, political parties of
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America rely on two important tools of democracy: the printed media and the political

associations, both of which are free.

In America, the press is neither stamped nor censored by governing officials. The

press is not bound to governmental or political pressures. Tocqueville shows that in a

democracy, there seems to be no middle ground for freedom of expression. A

democratic system either allows complete freedom of speech and press, or risks

annihilating both at the same time. This system of free press is working in America

because, in retrospect, the printed media only has a small and somewhat diffuse impact

on the people's decisions. Yet the power of the press is second only to the power of the

people. No central direction exists for the opinion of the people, as the vast majority of

them believe in the same laws they helped to establish in the first place. Contrary to the

European press, the American press is generally devoid of in-depth analysis and is

limited to a collection of advertisements scattered with superficial reports and

discussions.

The right of political association is a concept that sailed from the shores of

England along with the first settlers. The immediate advantage of allowing people to

associate freely for whatever political purpose they choose is for a government to

eliminate secret societies, conspiracies and violent social rebellions. In a democratic

system, freedom of association is also a rampart against the tyranny of the majority. By

associating with their peers, minorities gain authority and influence against the moral

power of the majority through the strength of their number. Political associations have

another, indirect advantage: they allow its participants to discover the arguments most

susceptible to rally a majority to their cause. In this section, Tocqueville builds up the

argument that he will use systematically throughout his book. The author considers the
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potential for a tyranny of the majority as the main shortcoming of a democratic society.

This kind of tyranny ultimately excludes minorities from power and in so doing,

endangers the foundation of democracy itself.

One of the best safeguards against potential tyranny of the majority in the United

States is the judicial power. Judges are not elected but rather appointed for a long term.

The fact that they are not constantly seeking re-election means that the judges are also

more likely to uphold the law of the land; their independence allows them to resist

bending to every caprice of the electorate, the way politicians and elected officials often

do. On the other end, the inability of the courts to impose penalties makes the whole

punishment cycle rather mild, in comparison to the European system. While the author

finds that this mildness is more efficient in containing violence and in maintaining unity

amongst the people, it also increases the occurrences of relatively mild legislative

tyranny.

As provided by the Federal Constitution, the balance between the legislative and

executive branches of the government builds another efficient safeguard against

tyranny of the majority. Tocqueville argues that in times of peace, the legislature has

more power than the president in most areas. The ability of the judicial branches of the

government to declare a law unconstitutional also helps in maintaining a basic system

of checks and balances. The author hints that the ability for a president to seek re-

election for a second term might make him more inclined to give away democratic

principles in exchange for the immediate gratification of the whims of the majority.

According to Alexis de Tocqueville, freedom of the press is a sword with two

edges: this freedom is an essential tool for maintaining liberty, but it can also inflame

the passion of the people into oppressing minority rights. However, the decentralization
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of the press brought about by its freedom as well as the sheer geographical size of the

country, counteracts the potentially harmful consequences of the latter problem. The

author applies the same logic when he examines the advantages and dangers of

freedom of political association. He points out that what can be seen as an extreme

form of freedom in a democracy is, in fact, the best way to counter the dangers of

democracy itself. Democracy is protecting itself from its own potential of abuse.