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The excerpt represents the core issue or deciding factor on which you must meditate, and is drawn from Democracy In America, Volume 2 by Alexis de Toqueville: old ones, for the express purpose of deciding, by an
extraordinary jurisdiction, such litigated matters as may arise
between the government and private persons. The elder judicial
power retains its independence, but its jurisdiction is narrowed;
and there is a growing tendency to reduce it to be exclusively
the arbiter between private interests. The number of these
special courts of justice is continually increasing, and their
functions increase likewise. Thus the government is more and
more absolved from the necessity of subjecting its policy and its
rights to the sanction of another power. As judges cannot be
dispensed with, at least the State is to select them, and always
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