I was looking more for U.S. law, Supreme Court cases, or some sort of precedent to back up your claim and not the opinions of a 19th century Frenchman. De Tocqueville was a lot of things, but authority on Constitutional law isn't one of them.
A long chain of stare decisis ends up abusive to common sense, and moral order -- so we have now in 2008 discovered. Time to reset the basics of law to the Original.