Alexis de Tocqueville and the Two-Founding Thesis

Abstract

AbstractAlexis de Tocqueville's account of the formation of the American regime identifies two constitutive moments: the Puritan colonization and the Revolution and the Constitution (1775–1789). Contrary to historians of the day, Tocqueville gave as much credit to the Puritans as to the Founders. Yet far from being a pure history, Tocqueville's narrative also had the purpose of promoting a new political foundation that replaced the philosophical doctrine of natural rights with an account based on “Customary History.” Tocqueville's approach was intended to further a great theoretical project inaugurated by Montesquieu that offered an alternative model to the mainstream Enlightenment position for how political philosophy should enter into and influence political life. This article analyzes the two-founding thesis, explores the underlying theoretical project on foundations of Tocqueville and Montesquieu, and presents and assesses the debate on the merits of attempting to change the political foundation of the American regime.