11 - Tocqueville on the Federal Constitution

Summary

Alexis de Tocqueville’s classic Democracy in America is widely recognized as one of the most definitive accounts of American society and political culture. However, his thoughts on the US Constitution have often been overlooked. In this chapter, Jeremy D. Bailey argues that this neglect is unfortunate insofar as Tocqueville’s view of the US Constitution diverges in significant ways from the authoritative rendition of The Federalist. Rather than echoing classic explanations of the workings of the US Constitution by James Madison and Alexander Hamilton, Tocqueville’s understandings of federalism, Congress, US elections, the presidency, and the Supreme Court are more influenced by the constitutional interpretation of Thomas Jefferson. Despite his extensive discussion of other parts of the US Constitution, however, Tocqueville has little to say about the Bill of Rights. This apparent oversight may be explained by the fact that he sees a respect for rights as emerging from political culture rather than any specific institutional framework.