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 250 – 264 (stop at chapter 9 heading) of this edition of Democracy in America.
Democracy in America: Moderating the Majority
In Democracy in America, De Tocqueville warns of the inherent danger to a democracy from “the omnipotence of the majority” and the tyranny that is naturally imposed on the minority. De Tocqueville offers some consolation to lovers of American democracy that certain factors in the United States work to hold in check some of that power.
Among these impediments, at least in the 1830s, to potential abuses were lawyers who collectively constituted an independent, non-partisan judiciary system and the authority vested in American juries. De Tocqueville believes that lawyers are naturally elitists and aristocrats and often think contrary to the general run of mankind, thus creating an obstacle the masses must overcome to impose their will on the minority. He also states that the American jury system, in which the people have the final say regarding which laws are just and if they have been equitably applied, is a significant check on the absolute power of the majority whose representatives create the laws.
But De Tocqueville argues the greatest check on the despotic tendencies of the majority is the simple fact that the central government has limited interest in directing the daily lives of its citizenry. De Tocqueville states that during his 41-month tour of the United States in 1831 he observed a central government that was concerned with very few aspects of American life, being almost solely interested in foreign affairs.
Based on his world of the 1830s and the federal government found in America at the time, De Tocqueville’s reasoning was sound. But things have changed since those early days of the republic and his words meant to give comfort to Americans now must give us pause in light of the current state of affairs.
In the America of De Tocqueville’s day there was no federal administrative state, and even President Jackson’s own cabinet only consisted of six departments. There was no Federal Bureau of Investigation to observe every move of a free citizenry, no Environmental Protection Agency to decide if people can use gas stoves in their own homes, no National Health Institute to determine that Americans need to wear masks and stand six feet from their fellow citizens, and no Transportation Security Administration to decide that two ounces of liquid is okay but never three.
The sheer lack of size and apparent lack of interest in the federal government in overseeing day-to-day life in America was, in De Tocqueville’s mind, a blessing to democracy. He mentions how fortunate Americans are that the federal government “has not undertaken to regulate secondary things in society” but provides a warning as well if that condition should ever change.
De Tocqueville writes, “…if having established the general principles of the government, it (the federal government) entered into the details of their application, and having regulated the great interests of the country, it could descend to the limit of individual interests, freedom would soon be banished from the New World.”
One wonders what De Tocqueville would say if he were to view the America of 2024 with its overarching federal government that touches every aspect of American life and is administered by those unelected by the people. It is easy to imagine that De Tocqueville would lament for the loss of true freedom in America, that ability to decide for ourselves how we would live, and he would probably predict a darkened future if somehow this cancer is not removed.
Tom Hand is the visionary behind Americana Corner, an organization dedicated to sharing compelling narratives of significant events, influential leaders, and foundational documents that have shaped the United States. Since 2020, Tom has written and produced over 200 articles and videos, aiming to rekindle Americans’ patriotic spirit and remind them of the nation’s remarkable legacy. Beyond his creative work, Tom established the Preserving America Grant and Partners programs, donating millions to support history organizations nationwide. All proceeds from his book, “An American Triumph: America’s Founding Era through the Lives of Ben Franklin, George Washington, and John Adams,” support these programs. His unwavering dedication to promoting patriotism and preserving America’s heritage makes him an invaluable advocate for the Great American Story.
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