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Con Law > Lecture 1 - 1 > Flashcards

Lecture 1 - 1 Flashcards

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1
Q

Who was most famous for writing the constitution?

A

James Madison

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2
Q

Many people call him the father of the constitution and say he is the intellectual heavyweight behind the Constitution and our system of Federalism. Many dispute that and say it was Washington. ________ and Hamilton were themes brilliant in terms of intellectual.

A

James Madison

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3
Q

Who purported to flip Madison’s constitution?

A

Abraham Lincoln

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4
Q

Abraham Lincoln purported to flip Madison’s constitution. Take a Constitution that is directed toward Federalism and flip it to one that is geared to protecting what?

A

individual rights from the states

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5
Q

In contrast to Madison, Hamilton saw that it was important to have a larger more powerful _______ ________ than states.

A

central government

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6
Q

Democratic likes a stronger _____ _______.

A

federal government

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7
Q

Democratic likes a stronger federal government. To be fair ________ is not a classic conservative either. He is a big government conservative if there was one.

A

Trump

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8
Q
  • No true democracies
  • Imperial France
  • No United Germany -1861
  • Hapsburg Empire
  • Imperial Spain
  • East India Company
  • United Kingdom before First Reform Act
  • Pre-Meiji Imperial Japan
    What do these refer to?
A

The World in 1787

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9
Q

We won a revolutionary war in 1783. Resulted in the creation of ____ _______ ____ ________ and it was chaotic. In 1787 they wanted a new constitutional compact.

A

articles of confederation

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10
Q

Back to the time of our framers. We won a revolutionary war (really a civil war) it wasn’t just English and Americans it was a lot of Americans and Americans. Resulted in the _______ ______ _______ _______ with a _______ national government and it was chaotic.

A

the articles of confederation

weak

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11
Q

1787 ________ _________ so they can deal with perceived failings. At the time they sought to bring democracy.

A

constitutional compact

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12
Q

Obvious concerns with _________ we deal with them today – by what measure should somebody who reads encyclopedia amounts of knowledge have his vote or her vote balanced by someone who decides to show up at the polls and wildly swing away? That is strange.

A

democracy

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13
Q

U.S. Constitution (Enacted in _____ and ratified in _______).

A

1787

1788

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14
Q

U.S. Constitution (Enacted in 1787 and ratified in 1788)

  • Less than 8,000 words can be read in less than half an hour.
  • Proposed for ratification in Philadelphia in September 1787 and signed by 39 eminent men.
  • U.S. had more democracy than the world ever saw.
  • White Americans at this time had the highest material living standards of any population worldwide. – even at the time of the revolutionary war.

What does this refer to?

A

Constitutional Compromise. It can be read quickly. It’s effective

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15
Q

Why did the Framers require checks and balances via three separate branches of government?

A

Madison was trying to create was congressional government with an executive branch with some powers and a judicial branch to protect against abuse. By no means was he thinking of equal branches.

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16
Q

For a law or order to be effectively implemented, at least _____ branches must concur, i.e., Congress and the President or the President and the courts or Congress and the courts.

A

two

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17
Q

For a law or order to be effectively implemented, at least two branches must concur, i.e.,
1. ?
2.
3.

A

Congress and the President or

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18
Q

For a law or order to be effectively implemented, at least two branches must concur, i.e., Congress and the President or the President and the courts or Congress and the courts.
1.
2. ?
3.

A
  1. The President and the courts or
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19
Q

For a law or order to be effectively implemented, at least two branches must concur, i.e., Congress and the President or the President and the courts or Congress and the courts.
1.
2.
3. ?

A
  1. Congress and the courts
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20
Q

For a law or order to be effectively implemented, at least two branches must concur, i.e., Congress and the President or the President and the courts or Congress and the courts.

This reduces the likelihood of what?

A

tyranny by dispersing power

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21
Q

we don’t like to have ________ by having too much power being held by one person. We wouldn’t trade our passports for a Russian Federation Passport, right? We wouldn’t see living in Russia as better when it comes to individualized freedoms. On the flip side if you disperse power too much it can be problematic because no one is accountable. Framers created a system which maintained our current dislike of the system as well. The dislike of the system is built in the cookie. It’s baked in the cake. We look back assuming at one point it was perfect and it was always difficult.

A

tyranny

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22
Q

Article I refers to what?

A

Both houses of Congress

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23
Q

Both houses of Congress

A

Article 1

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24
Q

Article II refers to what?

A

the president

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25
Q

The president

A

Article II

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26
Q

Article III refers to what?

A

The U.S. Supreme Court

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27
Q

The U.S. Supreme Court

A

Article III

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28
Q

Madison came up with _________ ________ We call congressional elections in the midterms a midterm election as though it’s a voluntary gig. Congressional elections are pretty important. Why in that order?

A

congressional government

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29
Q

What Article?

The Preamble refers to a “Constitution for the United States of America.”

A

What Article?

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30
Q

The _______ refers to a “Constitution for the United States of America.

A

Preamble

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31
Q

What Article?

All legislative powers herein granted shall be vested in a Congress of the United States.

A

Article 1

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32
Q

The Preamble refers to a “Constitution for the United States of America.”

“All legislative Powers herein granted shall be vested in a Congress of the United States…”

It doesn’t say Constitution for the American people. It is about _________ _______ between the ______ and the newly created _______ ________.

A

apportioning powers

states

federal government

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33
Q

If I am purporting to do something and using a power, it better be found in this book. TN can tell you; you have to be 18 to get married and car insurance if you want to drive a car. The _______ ________ couldn’t do those things. It had to have a source of power here to pass a law.

A

federal government

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34
Q

Article I – Section 1

Article 1 refers to the Congress consisting of

A

two houses, i.e., House of Representatives and the Senate

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35
Q

It is important that we have two houses so that each can hold each other accountable..

A

accountable

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36
Q

In the US our two chambers are both very ___________.

A

powerful

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37
Q

What Article?

House term is 2 years and members are chosen by people of the several states according to the laws of each state based on qualifications for electors of the most numerous branch of the state legislature.

A

Article 1 Section 2

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38
Q

House term is how long?

A

2 years

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39
Q

House term is 2 years and members are chosen by ________ of the _____ _______ according to the laws of each state based on qualifications for electors of the most numerous branch of the state legislature.

A

people

several states

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40
Q

Voting rights are determined by your _____ of _______.

A

state of domicile

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41
Q

What are the requirements for each House member?

A

25 years of age

U.S. Citizen for at least 7 years and an

inhabitant of the state from which they are elected.

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42
Q

Each House member must be 25 years of age, a U.S. citizen for at least 7 years and an inhabitant of the state from which they are elected. Why was this? What were the property qualifications?

A

They were concerned with dynastic policies. You’re my son, and I want you to be next.
The founders liked Washington as a consensus president – he was sterile and that wasn’t a risk with dynastic politics choosing Washington.

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43
Q

What article?

Each House member must be 25 years of age, a U.S. citizen for at least 7 years and an inhabitant of the state from which they are elected.

A

Article 1 Section 2

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44
Q

What Article?

Representatives AND taxes are to be apportioned between the number of free Persons and three-fifths of all other Persons.

A

Article 1 Section 2

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45
Q

The 3/5th’s clause was about dealing with the fact that there are African American slaves who were obviously inhabitants of the state and effectively what that meant was states like Va. Wanted to have them be given full voting right not to allow the slaves to vote but to allow the white slave owner to vote on their behalf. Example: Thomas Jefferson would have cast 30 ballots because he would have had 30 slaves.
3/5’s there was no IRS. Initially each state had to remit payment to Washington to keep the system going. Like the UN big budget but each state had to cut a check to the UN.
True or False.

A

True

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46
Q

Claiborne County is named after him. Super young a chief justice of the state of TN.
First congressman was sworn in before 25. Allowed him to take the oath even though the constitution specifically said you had to be 25. Which shows they didn’t always take it serious.

A

William Charles Cole Claiborne (n.1774)

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47
Q

What Article?

Each state has at least one representative and the number of representatives cannot exceed 1 per 30,000 inhabitants.

A

Article 1 Section 2

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48
Q

Each state has at least _____ representative and the number of representatives cannot exceed ____ per 30,000 inhabitants.

A

1

1

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49
Q

Article I – Section 2

Each state has at least one representative and the number of representatives cannot exceed 1 per 30,000 inhabitants. What was the significance of this?

A

This means that Congress can substantially increase the number of Representatives from the current 435 to over 1200.

50
Q

Article 1 Section 2
____________ will be by a decennial census.

A

enumeration

51
Q

The U.S. Census Bureau conducts the census in years ending in _______, on Census Day, which is April 1.

A

zero

52
Q

Even if there is nobody in Wyoming, they still get a ___________. Most of those states with one member of the House to 2 senators, they typically have populations below the threshold to even get one congressman.

A

representative

53
Q

Representatives: ____ in TN 1 rep for about 750-780,000 inhabitants. Every 10 years there is a census, and it goes to Nashville and Nashville draws the district lines.

A

9

54
Q

We would want to mandate a census because acknowledging __________ change is a stressful thing to do.

A

demographic

55
Q

If you don’t participate in the ________ – what would you do? Take in account for the people that don’t fill it in. Have a means of statistically figuring out the representative number of people who do not fill it in.

A

census

56
Q

We had that issue where they wanted to reintroduce a citizenship question on the Census. President Trump’s administration did and the people in the commerce department that administered the census were like if you do that, a lot of unauthorized migrants and immigrants might fear _________ and they won’t submit it in and then you are going to have an undercount.

A

deportation

57
Q

Article 1 Section 2

House shall choose its Speaker and has the sole power of ___________.

A

Impeachment

58
Q

___________ comes from the old royal system, where the king had his people and they were impeached from parliament if they were not doing a good job. We can remove someone from the executive branch or the judicial branch if there is an impeachment.

A

impeachment

59
Q

Senators are to be two from each state and chosen by state legislatures (changes with the Seventeenth Amendment that was ratified in 1913).

What Article?

A

Article 1 Section 3

60
Q

How many senators per state?

A

2

61
Q

How are senators chosen ?

A

by state legislature BUT changes with the 17th Amendment that was ratified in 1913.

62
Q

Ca. with 40M gets 2 and then RI gets 2.
Ex. Buffalo, New York and if ever drive in the North the roads are potholes and then into Vermont and its like its Switzerland and the roads are smooth. They got 2 senators per state and have less people to deal with. We pay more in New York than Vermont. Means of reconciling that the House of Representatives would otherwise get so much more power to New York as compared to Vermont. Most people want to live in big cities, young people. Hard to get people to have things in less populated areas that people want to do.

What does this refer to?

A

Senators

63
Q

_________ are chosen for six year terms. Must be ______ years of age, a United States Citizen for at least _____ years and an ________ of the state from which he is elected.

A

Senators

30

9

inhabitant

64
Q

The Senate shall have the sole power to try all ________ and no conviction shall be entered without the concurrence of at least two-thirds of members present.

Who is the Senate President and who breaks ties?

A

Impeachment

The vice president currently Kamala Harris is the senate president and will break tie votes.

65
Q

What Article?

Provides that “Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust, or Profit under the United States; but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.”

A

Article 1 Section 3

66
Q

Joe Biden is the _____ President.

A

46th

67
Q

Who used to be the youngest member of the Senate?

A

Joe Biden

68
Q

What Article?

Election dates shall be set by law.

A

Article 1 Section 4

69
Q

________ dates shall be set by law.

A

Election

70
Q

When is election?

A

1st Tuesday after the first Monday in November.

71
Q

Our elected officials don’t get to choose the election. Allowing elected office holders to choose the election date empowers them vis a vis the people.

Feel bad for trump in this sense – vaccines authorized two weeks after the election. 1 month sooner he won of re-election. He would have loved to of said can we have another month.

President Obama he would have called an election the day after Seal Team killed Bin Laden. If you had a chance. But you can’t do that in our system.

Our system is there not to empower office holders but to make sure they’re not ____________ empowered.

A

excessively

72
Q

What Article?

Each house shall be the judge of its elections and may determine the rule of its proceedings.

A

Article 1 Section 5

73
Q

Who the house of representatives chooses as a speaker is up to them. Also, if they don’t want to give a hearing to a judicial nominee, that is up to them. It is not reviewable.

What does this refer to?

A

Each house shall be the judge of its own elections and may determine the rule of its proceedings.

74
Q

What Article?

Congressmen are to be paid from the U.S. Treasury and shall be privileged from Arrest during their attendance at session.

A

Article 1 Section 6

75
Q

No person holding an office under the United States can be a member of Congress. Why?

A

You can’t be a member of congress and the secretary of treasury.

In the US there is no fuse of the executive and legislative branches it is separate. Think of Alabama Jeff Sessions was a serious senator from Alabama. Not someone to trifle with. When he became President Trump’s attorney general, he had to give up his Senate seat. When trump fired him, he had nothing.

76
Q

Which Article?

All revenue bills must originate in the House.

A

Article 1 Section 7

77
Q

Article I, Section 7

All revenue bills must originate in the House? Why?

A

The house is every two years you face the public and senate is every 6 years the framers are worried about overly empowering the government by giving it a surfeit of resources. If you are going to raise a tax it better originate with a house that faces the public first.

78
Q

What Article?
Bicamerally enacted bills must be signed into law by the POTUS.

A

Article 1 Section 7

79
Q

What Article?

Congress has power to override a Presidential veto by two-thirds of each House.

A

Article 1 Section 7

80
Q

If congress has enough cohesion, it does not even need a president. Congress with two thirds majorities in each house can say this is a law.

Where does this law come from?

A

Article 1 Section 7

81
Q

Can a president fire a member of congress?

A

No

82
Q

Can congress remove a president?

A

yes

83
Q

Congress can remove a president but there is nothing a president can do to a ____ _____ ___ ______.

A

sitting member of congress

84
Q

Can a president fire a member of congress? No. Congress can remove a president through but there is nothing a president can do to a sitting member of congress. The only thing they can do is try to ______ _______ against them for their opponents.

A

raise money

85
Q

What Article?

Congress has power to lay and collect taxes and spend money for the general welfare

A

Article 1 Section 8

86
Q

What is Congress’s broadest power?

A

Congress has the power to lay and collect taxes and spend money for the general welfare.

87
Q

What Article?

Congress has power to regulate commerce between states and with foreign nations.

A

Article 1 Section 8

88
Q

What Article?
Congress has power to coin money.

A

Article 1 Section 8

89
Q

Who has the power to regulate commerce between states and with foreign nations?

A

Congress

90
Q

Who has the power to coin money?

A

Congress

91
Q

What Article?

Congress has power to establish uniform rules of Naturalization and laws of Bankruptcies.

A

Article 1 Section 8

92
Q

Who has the power to establish uniform rules of Naturalization and laws of Bankruptcies?

A

Congress.

93
Q

What Article?

Congress has power to establish a Post Office, constitutes tribunals inferior to the Supreme Court, declare war, raise and support an Army and Navy, etc.

A

Article 1 Section 8

94
Q

What Article?

To make laws necessary and proper to implement its enumerated powers.

A

Article 1 Section 8

95
Q

Big One: Congress spending power for the general welfare?

A

Student Loans

96
Q

Congress uses its money to give ______ _______ and then it is recycled to me.

A

student loans

97
Q

What are these examples of?
Social security
Medicaid
Interstate Highways
National Defense the Pentagon Budget
CIA – paid for by congressional taxing and spending.

A

Congress has the power to lay and collect taxes for the general welfare. This is Congress broadest power.

98
Q

Commerce- at initial founding with the continental congress was there during the articles this power was not there, the power to _______ ________. Which meant if you wanted to bring whiskey from Ky to Tn, they would stop you. Now they can’t stop you. Created a continental size superpower.

A

regulate commerce

99
Q

Example of when there was no power to regulate commerce?

A

If you wanted to bring whiskey from KY to TN they would stop you. Now they can’t based on Article 1 Section 8

100
Q

Coin money – that is a big thing. World’s reserve currency, the us dollar.
Zara lower priced clothes are made in Sir Lanka. It had economic development program, and they were building roads and then covid hit and when covid hit there were no tourists and people were not buying new clothes. Clothing companies stopped ordering and companies that owed money said we won’t pay, and you need us, so you won’t sue us. Sir Lanka had incurred debt in US Dollars. Financial Crisis that killed the economy.
We were able to print dollars that the world wanted. We are able to-do it because we have the power to _______ our own money and they didn’t.

A

coin

101
Q

What is the process of becoming a citizen of a country called?

A

naturalization

102
Q

What form do you feel out for Naturalization?

A

N-400

103
Q

Important for congress to have that power because I have freedom of movement. It means that you didn’t bribe someone. It gives you confidence when congress does it.

A

Naturalization

104
Q

Same argument goes to bankruptcy. By having a uniform system of bankruptcy, it actually frees up the credit markets to work better. True or False.

A

True

105
Q

if _________ wanted to do so it could take away all the federal district courts and circuit courts. If Congress took the budget away, there is nothing the SC could do.

A

congress

106
Q

_________ take the view necessary and proper means Mrs. Allyson assume you are my daughter. You are my daughter, and you need the car to get to work and you say Dad I need the car to get to Starbucks to work and I give you the car keys and I say use it in a necessary and proper way to get to work and back.

– take the view, well if you want to go to the gym first that is fine, if you want to meet your boyfriend that is fine too, come back home eventually.

A

liberals

107
Q

____________ take the view necessary and proper means one straight line to Starbucks and do the job and come straight back home.

A

conservatives

108
Q

What does Necessary and Proper mean, that is a political divide. !

A

!

109
Q

What Article?

Disallows Congress from banning the importation of slaves before the year 1808.

A

Article 1 Section 9

110
Q

What Article?

Congress cannot suspend the writ of habeas corpus unless required for public safety in cases of rebellion or invasion.

A

Article 1 Section 9

111
Q

What Article?

No bill of attainder or ex post facto law.

A

Article 1 Section 9

112
Q

What Article?
No money drawn from Treasury but in consequence of appropriations made by law.

A

Article 1 Section 9

113
Q

Article 1 Section 9: Disallows Congress from banning the importation of slaves before the year 1808. Historical reason?

A

Historical reason why they were not banning it at the time, a compromise they couldn’t deal with. Many people in the northern states like Hamilton were abolitionists who believe slavery was wrong. Many people in the South didn’t want to compromise on that.

114
Q

You can’t ban the importation of slaves – evidence something: everyone is stipulating they know it is wrong. You wouldn’t use that language about banning. What does this refer to?

A

Article 1 Section 9: Disallows Congress from banning the importation of slaves before the year 1808.

115
Q

__________ __________ - Requires that a person be brought before a court. Night Court show. You can’t administratively detain people and keep them incommunicado and hold them for trial for a long time you have to bring them to a judge and say we are holding this person for this reason, and we think they committed murder, and we plan to try them soon.

A

Habeas Corpus

116
Q

What is ex post facto law?

A

you can’t make the law after they have done something

117
Q

legislative punishment. We the legislature can’t punish someone it has to be a judge.

The legislature would have loved to throw Bernie Madoff in jail. You have to try him before an impartial magistrate and that is hard to do.

What does this refer to?

A

Bill of Attainder

118
Q

What Article?

No state shall pass a law impairing the obligation of contracts.

A

Article 1 Section 10

119
Q

_________ say we are for voting rights.
__________ tend to see voting as a right and
_____________ see it as an entitlement regulated by the states.

Felons are not typically allowed to vote – entitlement in many ways.

A

democrats

liberals

conservatives

119
Q

Does Article I provide for a national right to vote?
A. Yes because it provides the people shall elect the House of Representatives.
B. Yes because it is implied under the Republican form of government.
C. No because it provides the Senate is chosen by state legislatures.
D. No because it provides that Representatives shall be elected according to the electorate for the most numerous house of the state legislature that they represent.

A

D. No because it provides that Representatives shall be elected according to the electorate for the most numerous house of the state legislature that they represent.

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Con Law (4 decks)

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