Democracy in America — Volume 2

Bill Of Rights

In addition to, and amendment of, the Constitution of the United States of America, proposed by Congress and ratified by the Legislatures of the several States, pursuant to the Fifth Article of the original Constitution

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

A well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.

No Soldier shall in time of peace be quartered in any house without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or Affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any Criminal Case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favour, and to have the Assistance of Counsel for his defence.

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

The electors shall meet in their respective States, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same State with themselves; they shall name in their ballots the person voted for as President; and in distinct ballots the person voted for as Vice-President; and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;—The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;—The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President. The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such a number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Section 2. Congress shall have power to enforce this article by appropriate legislation.

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, colour, or previous condition of servitude.

Section 2. The Congress shall have power to enforce this article by appropriate legislation.

1

In all religions there are some ceremonies which are inherent in the substance of the faith itself, and in these nothing should, on any account, be changed. This is especially the case with Roman Catholicism, in which the doctrine and the form are frequently so closely united as to form one point of belief.

2

All this is especially true of the aristocratic countries which have been long and peacefully subject to a monarchical government. When liberty prevails in an aristocracy, the higher ranks are constantly obliged to make use of the lower classes; and when they use, they approach them. This frequently introduces something of a democratic spirit into an aristocratic community. There springs up, moreover, in a privileged body, governing with energy and an habitually bold policy, a taste for stir and excitement which must infallibly affect all literary performances.

3

I adopt the expression of the original, however strange it may seem to the English ear, partly because it illustrates the remark on the introduction of general terms into democratic language which was made in a preceding chapter, and partly because I know of no English word exactly equivalent to the expression. The chapter itself defines the meaning attached to it by the author.—Translator's Note.

4

I say a democratic people: the administration of an aristocratic people may be the reverse of centralized, and yet the want of newspapers be little felt, because local powers are then vested in the hands of a very small number of men, who either act apart, or who know each other and can easily meet and come to an understanding.

5

This is more especially true when the executive government has a discretionary power of allowing or prohibiting associations. When certain associations are simply prohibited by law, and the courts of justice have to punish infringements of that law, the evil is far less considerable. Then every citizen knows beforehand pretty nearly what he has to expect. He judges himself before he is judged by the law, and, abstaining from prohibited associations, he embarks in those which are legally sanctioned. It is by these restrictions that all free nations have always admitted that the right of association might be limited. But if the legislature should invest a man with a power of ascertaining beforehand which associations are dangerous and which are useful, and should authorize him to destroy all associations in the bud or allow them to be formed, as nobody would be able to foresee in what cases associations might be established and in what cases they would be put down, the spirit of association would be entirely paralyzed. The former of these laws would only assail certain associations; the latter would apply to society itself, and inflict an injury upon it. I can conceive that a regular government may have recourse to the former, but I do not concede that any government has the right of enacting the latter.

6

It has often been remarked that manufacturers and mercantile men are inordinately addicted to physical gratifications, and this has been attributed to commerce and manufactures; but that is, I apprehend, to take the effect for the cause. The taste for physical gratifications is not imparted to men by commerce or manufactures, but it is rather this taste which leads men to embark in commerce and manufactures, as a means by which they hope to satisfy themselves more promptly and more completely. If commerce and manufactures increase the desire of well-being, it is because every passion gathers strength in proportion as it is cultivated, and is increased by all the efforts made to satiate it. All the causes which make the love of worldly welfare predominate in the heart of man are favorable to the growth of commerce and manufactures. Equality of conditions is one of those causes; it encourages trade, not directly by giving men a taste for business, but indirectly by strengthening and expanding in their minds a taste for prosperity.

7

Some aristocracies, however, have devoted themselves eagerly to commerce, and have cultivated manufactures with success. The history of the world might furnish several conspicuous examples. But, generally speaking, it may be affirmed that the aristocratic principle is not favorable to the growth of trade and manufactures. Moneyed aristocracies are the only exception to the rule. Amongst such aristocracies there are hardly any desires which do not require wealth to satisfy them; the love of riches becomes, so to speak, the high road of human passions, which is crossed by or connected with all lesser tracks. The love of money and the thirst for that distinction which attaches to power, are then so closely intermixed in the same souls, that it becomes difficult to discover whether men grow covetous from ambition, or whether they are ambitious from covetousness. This is the case in England, where men seek to get rich in order to arrive at distinction, and seek distinctions as a manifestation of their wealth. The mind is then seized by both ends, and hurried into trade and manufactures, which are the shortest roads that lead to opulence.

This, however, strikes me as an exceptional and transitory circumstance. When wealth is become the only symbol of aristocracy, it is very difficult for the wealthy to maintain sole possession of political power, to the exclusion of all other men. The aristocracy of birth and pure democracy are at the two extremes of the social and political state of nations: between them moneyed aristocracy finds its place. The latter approximates to the aristocracy of birth by conferring great privileges on a small number of persons; it so far belongs to the democratic element, that these privileges may be successively acquired by all. It frequently forms a natural transition between these two conditions of society, and it is difficult to say whether it closes the reign of aristocratic institutions, or whether it already opens the new era of democracy.

8

To feel the point of this joke the reader should recollect that Madame de Grignan was Gouvernante de Provence.

9

If the principal opinions by which men are guided are examined closely and in detail, the analogy appears still more striking, and one is surprised to find amongst them, just as much as amongst the haughtiest scions of a feudal race, pride of birth, respect for their ancestry and their descendants, disdain of their inferiors, a dread of contact, a taste for etiquette, precedents, and antiquity.

10

The Americans, however, have not yet thought fit to strip the parent, as has been done in France, of one of the chief elements of parental authority, by depriving him of the power of disposing of his property at his death. In the United States there are no restrictions on the powers of a testator. In this respect, as in almost all others, it is easy to perceive, that if the political legislation of the Americans is much more democratic than that of the French, the civil legislation of the latter is infinitely more democratic than that of the former. This may easily be accounted for. The civil legislation of France was the work of a man who saw that it was his interest to satisfy the democratic passions of his contemporaries in all that was not directly and immediately hostile to his own power. He was willing to allow some popular principles to regulate the distribution of property and the government of families, provided they were not to be introduced into the administration of public affairs. Whilst the torrent of democracy overwhelmed the civil laws of the country, he hoped to find an easy shelter behind its political institutions. This policy was at once both adroit and selfish; but a compromise of this kind could not last; for in the end political institutions never fail to become the image and expression of civil society; and in this sense it may be said that nothing is more political in a nation than its civil legislation.

11

See Appendix S.

12

Footnote a: See Appendix T.

13

The literature of Europe sufficiently corroborates this remark. When a European author wishes to depict in a work of imagination any of these great catastrophes in matrimony which so frequently occur amongst us, he takes care to bespeak the compassion of the reader by bringing before him ill-assorted or compulsory marriages. Although habitual tolerance has long since relaxed our morals, an author could hardly succeed in interesting us in the misfortunes of his characters, if he did not first palliate their faults. This artifice seldom fails: the daily scenes we witness prepare us long beforehand to be indulgent. But American writers could never render these palliations probable to their readers; their customs and laws are opposed to it; and as they despair of rendering levity of conduct pleasing, they cease to depict it. This is one of the causes to which must be attributed the small number of novels published in the United States.

14

See Appendix U.

15

The word "honor" is not always used in the same sense either in French or English. I. It first signifies the dignity, glory, or reverence which a man receives from his kind; and in this sense a man is said to acquire honor. 2. Honor signifies the aggregate of those rules by the assistance of which this dignity, glory, or reverence is obtained. Thus we say that a man has always strictly obeyed the laws of honor; or a man has violated his honor. In this chapter the word is always used in the latter sense.

16

Even the word "patrie" was not used by the French writers until the sixteenth century.

17

I speak here of the Americans inhabiting those States where slavery does not exist; they alone can be said to present a complete picture of democratic society.

18

As a matter of fact, more recent experience has shown that place-hunting is quite as intense in the United States as in any country in Europe. It is regarded by the Americans themselves as one of the great evils of their social condition, and it powerfully affects their political institutions. But the American who seeks a place seeks not so much a means of subsistence as the distinction which office and public employment confer. In the absence of any true aristocracy, the public service creates a spurious one, which is as much an object of ambition as the distinctions of rank in aristocratic countries.—Translator's Note.

19

If I inquire what state of society is most favorable to the great revolutions of the mind, I find that it occurs somewhere between the complete equality of the whole community and the absolute separation of ranks. Under a system of castes generations succeed each other without altering men's positions; some have nothing more, others nothing better, to hope for. The imagination slumbers amidst this universal silence and stillness, and the very idea of change fades from the human mind. When ranks have been abolished and social conditions are almost equalized, all men are in ceaseless excitement, but each of them stands alone, independent and weak. This latter state of things is excessively different from the former one; yet it has one point of analogy—great revolutions of the human mind seldom occur in it. But between these two extremes of the history of nations is an intermediate period—a period as glorious as it is agitated—when the conditions of men are not sufficiently settled for the mind to be lulled in torpor, when they are sufficiently unequal for men to exercise a vast power on the minds of one another, and when some few may modify the convictions of all. It is at such times that great reformers start up, and new opinions suddenly change the face of the world.

20

The position of officers is indeed much more secure amongst democratic nations than elsewhere; the lower the personal standing of the man, the greater is the comparative importance of his military grade, and the more just and necessary is it that the enjoyment of that rank should be secured by the laws.