Thursday, June 24, 2010

The Organic Decentralization of Governmental Power

I'm re-reading parts of Democracy in America and ran across the following bit in the Preface. For my 2301s (and 2302s) it shows how Tocqueville described the gradual dispersal of governmental power in France. Certainly a similar story happened in Britain, which lead to the institutional arrangement embodied in our Constitution. This sounds very much like the evolution of the forces that would allow for checks and balances. Sounds a bit Madisonian also.

It is evident to all alike that a great democratic revolution is going on among us, but all do not look at it in the same light. To some it appears to be novel but accidental, and, as such, they hope it may still be checked; to others it seems irresistible, because it is the most uniform, the most ancient, and the most permanent tendency that is to be found in history.

I look back for a moment on the situation of France seven hundred years ago, when the territory was divided among a small number of families, who were the owners of the soil and the rulers of the inhabitants; the right of governing descended with the family inheritance from generation to generation; force was the only means by which man could act on man; and landed property was the sole source of power.

Soon, however, the political power of the clergy was founded and began to increase: the clergy opened their ranks to all classes, to the poor and the rich, the commoner and the noble; through the church, equality penetrated into the government, and he who as a serf must have vegetated in perpetual bondage took his place as a priest in the midst of nobles, and not infrequently above the heads of kings.

The different relations of men with one another became more complicated and numerous as society gradually became more stable and civilized. Hence the want of civil laws was felt; and the ministers of law soon rose from the obscurity of the tribunals and their dusty chambers to appear at the court of the monarch, by the side of the feudal barons clothed in their ermine and their mail.

While the kings were ruining themselves by their great enterprises, and the nobles exhausting their resources by private wars, the lower orders were enriching themselves by commerce. The influence of money began to be perceptible in state affairs. The transactions of business opened a new road to power, and the financier rose to a station of political influence in which he was at once flattered and despised.

Gradually enlightenment spread, a reawakening of taste for literature and the arts became evident; intellect and will contributed to success; knowledge became an attribute of government, intelligence a social force; the educated man took part in affairs of state.

The value attached to high birth declined just as fast as new avenues to power were discovered. In the eleventh century, nobility was beyond all price; in the thirteenth, it might be purchased. Nobility was first conferred by gift in 1270, and equality was thus introduced into the government by the aristocracy itself.


....

This is just a taste of a broader argument, but as avenues to power increase, the ability of one group top check the power of others increases. Political equality (or perhaps more accurately, equal access to power) sets the stage for the establishment of individual liberty.

This is worth a discussion in class.