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Alexis De Tocqueville Analysis

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Alexis De Tocqueville recognizes both the distinctiveness of the American Judicial Branch when compared to foreign national courts, and the great powers judicial review possesses. It is safe to assume that Tocqueville viewed the Federal Court in a very positive light; he believed that the judicial branch forms “one of the most powerful barriers that has ever been raised against the tyranny of political assemblies” (pg 98). Tocqueville repeatedly praises the court. In addition to making the claim that the federal court holds the future of America in their hands, by wielding the “moral force” that creates order. Moreover, Tocqueville expands this argument by clarifying to the reader the two means in which a government can “[Defeat] the resistance that the governed oppose to them” (pg 131), or in other words, to restore order. …show more content…
Material forces are brute forces –military, police, partisan organizations, etc.- meant to distill fear to create order. Moral forces, or as Tocqueville called: “the idea of right,” are righteous public opinion created when the public is swayed by moral constitutional interpretations and logic. Consequently, Tocqueville believes only moral forces can prevail. If a government only seek to consolidate public order through material forces, it would become weak and slowly degrade into despotism. Moral forces must substitute material forces. Or as Tocqueville would describe: “to place intermediaries between the government and the use of material force” (pg 131) in order to prevent a government from spiraling into

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