《论美国的民主·卷一·第十五章下·多数暴政对思想的压迫》第3节
In my opinion the main evil of the present democratic institutions of the United States does not arise, as is often asserted in Europe, from their weakness, but from their overpowering strength; and I am not so much alarmed at the excessive liberty which reigns in that country as at the very inadequate securities which exist against tyranny. When an individual or a party is wronged in the United States, to whom can he apply for redress? If to public opinion, public opinion constitutes the majority; if to the legislature, it represents the majority, and implicitly obeys its injunctions; if to the executive power, it is appointed by the majority, and remains a passive tool in its hands; the public troops consist of the majority under arms; the jury is the majority invested with the right of hearing judicial cases; and in certain States even the judges are elected by the majority. However iniquitous or absurd the evil of which you complain may be, you must submit to it as well as you can. If, on the other hand, a legislative power could be so constituted as to represent the majority without necessarily being the slave of its passions; an executive, so as to retain a certain degree of uncontrolled authority; and a judiciary, so as to remain independent of the two other powers; a government would be formed which would still be democratic without incurring any risk of tyrannical abuse. I do not say that tyrannical abuses frequently occur in America at the present day, but I maintain that no sure barrier is established against them, and that the causes which mitigate the government are to be found in the circumstances and the manners of the country more than in its laws. Effects Of The Unlimited Power Of The Majority Upon The Arbitrary Authority Of The American Public Officers Liberty left by the American laws to public officers within a certain sphere—Their power. A distinction must be drawn between tyranny and arbitrary power. Tyranny may be exercised by means of the law, and in that case it is not arbitrary; arbitrary power may be exercised for the good of the community at large, in which case it is not tyrannical. Tyranny usually employs arbitrary means, but, if necessary, it can rule without them.
注释摘要
托克维尔在这一段里做了一个对他整个论证方向极为关键的翻转。当时欧洲观察家普遍担心的是民主政府的软弱无能，认为多数人统治必然导致政令不行、朝令夕改，最终陷入无政府状态。托克维尔却说他看到的恰好相反：美国民主制度的问题不是软弱，而是力量太强了，强到没有什么东西能在它面前站稳。让他警觉的不是自由过了头，而是对抗暴政的安全措施少得可怜。 接下来他用一连串反问把这种…