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Updated: August 27, 2026
* See Benton's "Abridgment of the Debates of Congress," vol. II, pp. 665-68. Marshall expressed the opinion in private that the repealing act was "operative in depriving the judges of all power derived from the act repealed" but not their office, "which is a mere capacity, without new appointment, to receive and exercise any new judicial power which the legislature may confer."
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