Guest Essayist: Stephen Tootle

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Essay Read by Constituting America Founder, Actress Janine Turner

The essays in our study reference the following edition of Democracy In America: University of Chicago Press – 1st edition translated by Harvey Mansfield and Delba Winthrop. Today’s essay references pages 274 (start at “On the Influence of the Laws…”) – 275 (On Religion) of this edition of Democracy in America.

Even the shortest sections of De Tocqueville’s writings often contained keen insights into the requirements of liberty. When describing the laws and mores required to maintain a democratic republic, De Tocqueville summarized what he had described in previous chapters. His summary gave us a remarkable insight into how American ideals and institutions had been working since the founding.

He understood that the very structure of our government encouraged and enabled a free people to keep their liberties. One key element of this structure was the interaction between the national government and local government. The national government had the power to protect the American people. Local governments gave Americans the ability to enact legislation meaningful to their everyday lives. But towns and the democratic institutions closest to the people had a special role to play.

Towns tended to enact and enforce laws that limited the evils of unchecked majorities. As these people and institutions did their work, every American learned the value of freedom. Courts could not stop majorities from enacting their desires forever. But the emotions of majorities could be slowed and directed. De Tocqueville saw that what the founders had intended did work in practice.

A metaphor can help to understand his point. Imagine an athlete competing in a sport over time. That athlete would come to understand the value of having the rules of the sport applied fairly. When the athlete won, it would be an earned victory. The people who watched the sport would become more invested in the sport because of the integrity of the contest. Thus, even when one failed to win, the athletes and spectators would come back for the next contest. Rules, when fair and followed, create a culture that leads to the best results over time. Further, even though a fan of a particular team or athlete might want to win one contest, over time a fan would learn the importance of protecting the integrity of the sport through effective officiating and rulemaking.

De Tocqueville understood how cultures and government systems interact with one another. Individuals have, “habits of the heart.” Those habits interact with others in society to form, “habits of mind.” Those collective habits form a culture. A government system on its own could never create a free culture for a free people, but governments could help maintain, encourage, or destroy a free culture. Over time, systems of government could allow a culture of a free people to continue and thrive. These lessons might seem simple or obvious, but their implications are as profound as the continued existence of a free government tending toward the prosperity of all people.

As each individual human being is infinitely complex, every single person contains untold conflicting and overlapping desires and values. The federal system, local governments, the practices of towns and judges, and the free culture of a free people did something very special to the complex, conflicting, and overlapping desires of individuals. The system enabled what Hamilton called for in Federalist 1: a political culture based on “reflection and choice” rather than “accident and force.” De Tocqueville’s record of how Americans lived in the early decades of the 19th century demonstrated that Hamilton was right.

Human nature has not changed since the days of De Tocqueville. What was true for them still holds for us. Culture is the sum of the values of individuals. Government institutions cannot force us to live good lives. But good government and good institutions can make it possible for people to live peaceful, prosperous lives of their own choosing.

Stephen Tootle is Professor of History at the College of Sequoias in Visalia California and Honored Visiting Graduate Faculty at Ashland University. His reviews, articles, and essays have appeared in National Review, the Claremont Review of Books, Presidential Studies Quarterly, the Journal of the Gilded Age and Progressive Era, and his hometown newspaper. He hosts a weekly podcast/webcast called “Tootle Talk.”

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1 reply
  1. Janine Turner
    Janine Turner says:

    Hello! I’m Janine Turner, founder of Constituting America! What I find of note in this awesome essay by Stephen Tootle is this clause:

    “As each individual human being is infinitely complex, every single person contains untold conflicting and overlapping desires and values. The federal system, local governments, the practices of towns and judges, and the free culture of a free people did something very special to the complex, conflicting, and overlapping desires of individuals. The system enabled what Hamilton called for in Federalist 1: a political culture based on “reflection and choice” rather than “accident and force.” De Tocqueville’s record of how Americans lived in the early decades of the 19th century demonstrated that Hamilton was right.” I think it sums up beautifully how we the people form a diverse community that comes together to make us Americans, with respect and self government! I also like Tootle’s analogy of a game! We can respect the outcome if we respect the rules and know that the rules are being followed. We the people are very reasonable and have awesome common sense, which should be honored by both citizens and government!

    What are your thoughts? Till next time, Janine

    Reply

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