Full Idea
The Americans have acknowledged the right of judges to found their decisions on the Constitution, rather than on the laws.
Gist of Idea
In American judges rule according to the Constitution, not the law
Source
Alexis de Tocqueville (Democracy in America (abr Renshaw) [1840], 1.05)
A Reaction
Obviously the Constitution is one short document, so the details must be enshrined in the laws (which presumably defer to the Constitution).
Book Reference
Tocqueville,Alexis de: 'Democracy in America (abridged)', ed/tr. Renshaw,Patrick [Wordsworth 1998], p.44