similarities between baker v carr and wesberry v sanderssimilarities between baker v carr and wesberry v sanders

What is done today saps the political process. WebWesberry v. Sanders, 376 U.S. 1 (1964), was a landmark U.S. Supreme Court case in which the Court ruled that districts in the United States House of Representatives must be For a period of about 50 years, therefore, Congress, by repeated legislative act, imposed on the States the requirement that congressional districts be equal in population. The Fifth district voters sued the Governor and Secretary of State of Georgia, seeking a declaration that Georgias 1931 apportionment statute was invalid, and that the State should be enjoined from conducting elections under the statute. ." . To say that a vote is worth more in one district than in another would not only run counter to our fundamental ideas of democratic government, it would cast aside the principle of a House of Representatives elected "by the People," a principle tenaciously fought for and established at the Constitutional Convention. Id. 733, 734; Act of Aug. 8, 1911, 3, 37 Stat. 6. 1. at 461-462 (William Samuel Johnson). See infra, pp. He developed a six prong test to guide the Court in future decisions regarding whether or not a question is "political." James Madison, who took careful and complete notes during the Convention, believed that, in interpreting the Constitution, later generations should consider the history of its adoption: Such were the defects, the deformities, the diseases and the ominous prospects for which the Convention were to provide a remedy and which ought never to be overlooked in expounding & appreciating the Constitutional Charter the remedy that was provided. 52.See, e.g., 86 Cong.Rec. There is nothing to indicate any limitation whatsoever on this grant of plenary initial and supervisory power. I, 4, which the Court so pointedly neglects. I, 4, [n43]as meant to be used to vindicate the people's right to equality of representation in the House. I, 4, in sustaining this power. 70 Cong.Rec. 2 id. . . Federal congressional districts must be roughly equal in population to the extent possible. I, 4, which empowered the "Legislature" of a State to prescribe the regulations for congressional elections meant that a State could not by law provide for a Governor's veto over such regulations as had been prescribed by the legislature. . . 2 of the Constitution does not mandate that congressional districts must be equal in population. Yet, each Georgia district was represented by one congressperson in the House of Representatives. 505,465463,80041,665, Maryland(8). What is the term used to describe a grant from the federal government to a state or locality with a general purpose that allows considerable freedom in how the money is spent? "Rotten boroughs" have long since disappeared in Great Britain. [n2] A difference of this magnitude in the size of districts, the average population of which in each State is less than 500,000, [n3] is presumably not equality among districts "as nearly as is practicable," although the Court does not reveal its definition of that phrase. [n34]) Steele was concerned with the danger of congressional usurpation, under the authority of 4, of power belonging to the States. Appellants are citizens and qualified voters of Fulton County, Georgia, and as such are entitled to vote in congressional elections in Georgia's Fifth Congressional District. Wesberry v. Sanders, 376 U.S. 1 (1964) was a U.S. Supreme Court case involving U.S. Congressional districts in the state of Georgia. [n19], To this end, he proposed a single legislative chamber in which each State, as in the Confederation, was to have an equal vote. Materials supplementary to the debates are as unequivocal. . . I, 4. Appellants are qualified voters in Georgia's Fifth Congressional District, the at 50-51 (Rufus King, Massachusetts); 3 id. . 49. 3, 1928, 69 Cong.Rec. The apportionment statute thus contracts the value of some votes and expands that of others. We do not believe that the Framers of the Constitution intended to permit the same vote-diluting discrimination to be accomplished through the device of districts containing widely varied numbers of inhabitants. This provision reinforces the evident constitutional scheme of leaving to the Congress the protection of federal interests involved in the selection of members of the Congress. [n6][p25]. Other rights, even the most basic, are illusory if the right to vote is undermined. [n10] This rule is followed automatically, of course, when Representatives are chosen as a group on a statewide basis, as was a widespread practice in the first 50 years of our Nation's history. 70 Cong.Rec. The complaint does not state a claim under Fed. [State legislatures] might make an unequal and partial division of the states into districts for the election of representatives, or they might even disqualify one third of the electors. 10. WebREYNOLDS v. SIMS ABROAD: A BRITON COMPARES APPORTIONMENT CRITERIA VIVIAN VALE University of Southampton HE CASE of Baker v. Carr, and its progeny Wesberry v. Sanders to Rey-nolds v. Sims and beyond, seemed to have provided American political scientists and legal commentators with native pasture rich enough for many years' grazing. The Court purports to find support for its position in the third paragraph of Art. Why might a representative propose a bill knowing it will fail? The result was the Constitutional Convention of 1787, called for "the sole and express purpose of revising the Articles of Confederation. Far from supporting the Court, the apportionment of Representatives among the States shows how blindly the Court has marched to its decision. Not only can this right to vote not be denied outright, it cannot, consistently with Article I, be destroyed by alteration of ballots, see United States v. Classic, 313 U.S. 299, or diluted by stuffing of the ballot box, see United States v. Saylor, 322 U.S. 385. It is in the light of such history that we must construe Art. . This With respect to apportionment of the House, Luce states: "Property was the basis, not humanity." . Although there is little discussion of the reasons for omitting the requirement of equally populated districts, the fact that such a provision was included in the bill as it was presented to the House, [n49] and was deleted by the House after debate and notice of intention to do so, [n50][p44] leaves no doubt that the omission was deliberate. In 1901, Tennessee's population totaled just 2,020,616 and only 487,380 residents were eligible to vote. Art. Some delegations threatened to withdraw from the Convention if they did not get their way. * The populations of the districts are based on the 1960 Census. Writing legislation is difficult, and members will let other members do it. [n1] In all but five of those States, the difference between [p21] the populations of the largest and smallest districts exceeded 100,000 persons. 459,706399,78259,924, SouthCarolina(6). [n39]. Members of the first are elected from each state in proportion to that states population; in the second, each state is represented by the same number of senators (in Australia, it is currently 12 senators for each state, while the two mainland territories have two senators each). [n24], In the New York convention, during the discussion of 4, Mr. Jones objected to congressional power to regulate elections because such power, might be so construed as to deprive the states of an essential right, which, in the true design of the Constitution, was to be reserved to them. Stories that brim with optimism. [n7] Were Georgia to find the residents of the [p26] Fifth District unqualified to vote for Representatives to the State House of Representatives, they could not vote for Representatives to Congress, according to the express words of Art. I, 2, for election of Representatives "by the People" means that congressional districts are to be, "as nearly as is practicable," equal in population, ante, pp. The dissenting and concurring opinions confuse which issues are presented in this case. . I dont care. . Yet, even here, the U.S. model was influential. WebCarr and Wesberry v. Sanders have? 2a to provide: (c) Each State entitled to more than one Representative in Congress under the apportionment provided in subsection (a) of this section, shall establish for each Representative a district composed of contiguous and compact territory, and the number of inhabitants contained within any district so established shall not vary more than 10 percentum from the number obtained by dividing the total population of such States, as established in the last decennial census, by the number of Representatives apportioned to such State under the provisions of subsection (a) of this section. WebBaker v. Carr, supra, considered a challenge to a 1901 Tennessee statute providing for apportionment of State Representatives and Senators under the State's constitution, which called for apportionment among counties or districts 'according to the number of qualified electors in each.' The U.S. Supreme Court acknowledged probable. The populations of the largest and smallest districts in each State and the difference between them are contained in an Appendix to this opinion. 400,573274,194126,379, Nebraska(3). 59, Hamilton discussed the provision of 4 for regulation of elections. . Most importantly, the history of how the House of Representatives came into being demonstrates that the founders wanted to ensure that each person had an equal voice in the political process in the House of Representatives. The voters alleged that the apportionment scheme violated several provisions of the Constitution, including Art I, sec 2. and the Fourteenth Amendment. Id. 328 U.S. at 565. 530,316236,870293,446. In addition, the majoritys analysis is clouded by too many indirect issues to focus on the real issue at hand. The majoritys three rulings should be no more than whether: In addition, the proper place for this trial is the trial court, not here. A more obvious departure was the provision that each State shall have a Representative regardless of its population. & Pa. have 42/90 of the votes, they can do as they please without a miraculous Union of the other ten; that they will have nothing to do but to gain over one of the ten to make them compleat masters of the rest. I, 2, was never mentioned. [n27]. 491,461277,861213,600, NorthDakota(2). . In Baker v. Carr, the court determined that the legislative apportionment was a legitimate concern, whereas in Wesberry v. Sanders, the court found that Georgia's apportionment plan grossly discriminated against Fifth Congressional District voters because they were 2 to 3 times as numerous and as a result underrepresented in terms of In cases concerning legislative district apportionment, American decisions such as Baker v. Carr and Wesberry v. Sanders have been argued before Australias High Court. [n51], Debates over apportionment in subsequent Congresses are generally unhelpful to explain the continued rejection of such a requirement; there are some intimations that the feeling that districting was a matter exclusively for the States persisted. Believing that the complaint fails to disclose a constitutional claim, I would affirm the judgment below dismissing the complaint. They thought splitting power across multiple levels of government would prevent tyranny. Which of the following was a reason the framers of the Constitution created a federal system of government? The unstated premise of the Court's conclusion quite obviously is that the Congress has not dealt, and the Court believes it will not deal, with the problem of congressional apportionment in accordance with what the Court believes to be sound political principles. The only State in which the average population per district is greater than 500,000 is Connecticut, where the average population per district is 507,047 (one Representative being elected at large). 54, discussed infra pp. As a further guarantee that these Senators would be considered state emissaries, they were to be elected by the state legislatures, Art. See Baker v. Carr, 369 U.S. 186 (1962) What form of city government is this? 287 U.S. at 7. redistricting, violates the No right is more precious in a free country than that of having a voice in the election of those who make the laws under which, as good citizens, we must live. Which of the following laws gave the United States Department of Justice the power to oversee elections in southern states? Of all the federal countries considered in our edited volume, Courts in Federal Countries: Federalists or Unitarists? [n15] Moreover, the statements approving population-based representation were focused on the problem of how representation should be apportioned among the States in the House of Representatives. 13. This court case was a very critical point in the legal fight for the principle of One man, one at 583. 539,618312,890226,728, Washington(7). . no serious inroads had yet been made upon the privileges of property, which, indeed, maintained in most states a second line of defense in the form of high personal property qualifications required for membership in the legislature. [p5]. [n42] The requirement was later dropped, [n43] and reinstated. . . The appearance of support in that section derives from the Court's confusion of two issues: direct election of Representatives within the States and the apportionment of Representatives among the States. Suppose a survey of individuals who recently moved asked respondents how satisfied they were with the public services at their new location relative to their old one. . . A three-judge District Court, though recognizing the gross population imbalance of the Fifth District in relation to the other districts, dismissed the complaint for "want of equity.". . . supposes that the State Legislatures will sometimes fail or refuse to consult the common interest at the expense of their local conveniency or prejudices. [n44] In 1872, Congress required that Representatives, be elected by districts composed of contiguous territory, and containing as [p43] nearly as practicable an equal number of inhabitants, . Ames' remark at the Massachusetts convention is typical: "The representatives are to represent the people." WebBaker V Carr. In all of the discussion surrounding the basis of representation of the House and all of the discussion whether Representatives should be elected by the legislatures or the people of the States, there is nothing which suggests [p32] even remotely that the delegates had in mind the problem of districting within a State. The sharpest objection arose out of the fear on the part of small States like Delaware that, if population were to be the only basis of representation, the populous States like Virginia would elect a large enough number of representatives to wield overwhelming power in the National Government. Baker v. Carr: Supreme Court Case, Arguments, Impact. . The Australian Constitution guarantees freedom of religion and prohibits any establishment of religion in terms very similar to the U.S. First Amendment. a group of citizens proposes a law banning gay marriage in a state, which the public then votes on in an election. [n33] (The particular possibilities that Steele had in mind were apparently that Congress might attempt to prescribe the qualifications for electors or "to make the place of elections inconvenient." Section 4 states without qualification that the state legislatures shall prescribe regulations for the conduct of elections for Representatives and, equally without qualification, that Congress may make or [p30] alter such regulations. Yet, despite similarities in judicial interpretation, important differences remain. [n32] The Convention also overwhelmingly agreed to a resolution offered by Randolph to base future apportionment squarely on numbers and to delete any reference to wealth. H.R. . . The issue in the case is whether or not the complaint sufficiently alleged a violation of a federal right to the extent a district court would have jurisdiction. 2836, H.R. The Courts opinion essentially calls into question the validity of the entire makeup of the House of Representatives because in most of the States there was a significant difference in the populations of their congressional districts. Textually demonstrable constitutional commitment to another political branch; Lack of judicially discoverable and manageable standards for resolving the issue; Impossibility of deciding the issue without making an initial policy determination of a kind not suitable for judicial discretion; Unusual need for unquestioning adherence to a political decision already made; or. 57, Madison merely stated his assumption that Philadelphia's population would entitle it to two Representatives in answering the argument that congressional constituencies would be too large for good government. The average population of the ten districts is 394,312, less than half that of the Fifth. . . In the Pennsylvania convention, James Wilson described Art. Section 5. I, 2 that Representatives be chosen "by the People of the several States" [n9] means that, as [p8] nearly as is practicable, one man's vote in a congressional election is to be worth as much as another's. 5, 6; Act of Feb. 7, 1891, 3, 26 Stat. 4820, 76th Cong., 1st Sess. If youre looking for levity, look no further. He relied on Baker v. Carr, 369 U.S. 186, which, after full discussion of Colegrove and all the opinions in it, held that allegations of disparities of population in state legislative districts raise justiciable claims on which courts may grant relief. The separation of powersespecially the separation of judicial poweris an important principle in Australian constitutional law. When interpretations of the two constitutions are compared, despite important similarities, the influence of differences in politics, history, and context is also apparent. . The delegates were well aware of the problem of "rotten boroughs," as material cited by the Court, ante pp. Although the states differed in size, population, economy, and resources, each state insisted on being treated as a constitutive equal in forming the federal constitution. v. Varsity Brands, Inc. Trinity Lutheran Church of Columbia, Inc. v. Comer, A Tennessee resident brought suit against the Secretary of State claiming that the failure to redraw the legislative districts every ten years, as outlined in the state. . The districts are those used in the election of the current 88th Congress. However, the Court has followed the reasoning of the dissenting justices in those American cases, thus rejecting any implication that districts must have virtually the same population. Although the majority below said that the dismissal here was based on "want of equity," and not on nonjusticiability, they relied on no circumstances which were peculiar to the present case; instead, they adopted the language and reasoning of Mr Justice Frankfurter's Colegrove opinion in concluding that the appellants had presented a wholly "political" question. 34. 111, 85th Cong., 1st Sess. None of his remarks bears on apportionment within the States. [n19]. However, the Court has followed the reasoning of the dissenting justices in those Although the Court finds necessity for its artificial construction of Article I in the undoubted importance of the right to vote, that right is not involved in this case. at 490-492 (Gunning Bedford of Delaware). The Constitution does not call for equal sized districts, and therefore there is no constitutional right at stake. Is the relevant statistic the greatest disparity between any two districts in the State, or the average departure from the average population per district, or a little of both? The district court dismissed the complaint for non-justiciability and want In sharp contrast to this unanimous silence on the issue of this case when Art. ." 9. Cf. After the Gulf War was over, 151515 influential news organizations sent a letter to the secretary of defense complaining that the rules for reporting the war were designed more to control the news than to facilitate it. Readers surely could have fairly taken this to mean, "one person, one vote." Bridge inspection ratings. 610,947350,839260,108, Louisiana(8). . [n44] Congress' power, said John Steele at the North Carolina convention, was not to be used to allow Congress to create rotten boroughs; in answer to another delegate's suggestion that Congress might use its power to favor people living near the seacoast, Steele said that Congress "most probably" would "lay the state off into districts," and, if it made laws "inconsistent with the Constitution, independent judges will not uphold them, nor will the people obey them." Federal courts have heard challenges to the constitutionality of the Patient Protection and Affordable Care Act of 2010's mandate that all individuals have health insurance. This article was published more than5 years ago. 735; Act of Jan. 16, 1901, 3, 31 Stat. In upholding that claim, the Court attempts to effect reforms in a field which the Constitution, as plainly as can be, has committed exclusively to the political process. It opened the door to numerous historic cases in which the Supreme Court tackled questions of voting equality and representation in government. Traditionally, particularly in the South, the . a. Construct the appropriate control chart and determine the LCL and UCL. The constitutional and statutory qualifications for electors in the various States are set out in tabular form in 1 Thorpe, A Constitutional History of the American People 1776-1850 (1898), 93-96. WebWesberry v. Sanders (1964) Case Summary. at 663. of representatives . The passage from which the Court quotes, ante, p. 18, concludes with the following, overlooked by the Court: They [the electors] are to be the same who exercise the right in every State of electing the correspondent branch of the Legislature of the State. [n56][p48]. One would expect, at the very least, some reference to Art. The Court's holding that the Constitution requires States to select Representatives either by elections at large or by elections in districts composed "as nearly as is practicable" of equal population places in jeopardy the seats of almost all the members of the present House of Representatives. . . I, 2, on which the Court exclusively relies, confers the right to vote for Representatives only on those whom the State has found qualified to vote for members of "the most numerous Branch of the State Legislature." Laying aside for the moment the validity of such a consideration as a factor in constitutional interpretation, it becomes relevant to examine the history of congressional action under Art. that nothing in this Constitution shall be construed to prevent the legislature of any state to pass laws, from time to time, to divide such state into as many convenient districts as the state shall be entitled to elect representatives for Congress, nor to prevent such legislature from making provision, that the electors in each district shall choose a citizen of the United States, who shall have been an inhabitant of the district, for the term of one year immediately preceding the time of his election, for one of the representatives of such state. . It is not an exaggeration to say that such is the effect of today's decision. 47. Some of those new plans were guided by federal court decisions. 531,555302,235229,320, SouthDakota(2). . This [p19] Court has so held ever since Smiley v. Holm, 285 U.S. 355 (1932), which is buttressed by two companion cases, Koenig v. Flynn, 285 U.S. 375 (1932), and Carroll v. Becker, 285 U.S. 380 (1932). We do not reach the arguments that the Georgia statute violates the Due Process, Equal Protection, and Privileges and Immunities Clauses of the Fourteenth Amendment. . On the apportionment of the state legislatures at the time of the Constitutional Convention, see Luce, Legislative Principles (1930), 331-364; Hacker, Congressional Districting (1963), 5. Are there any special causes of variation ? \hline 1 & 7 & 6 & 5 \\ Many of the most important powers conferred on the federal legislature are essentially the same, or very similar, to those in the United States: taxation; trade and commerce with other countries and among the states; borrowing money; naturalization; bankruptcy; coinage; weights and measures; postal services; copyrights and patents; and defense. Elections are equal when a given number of citizens in one part of the state choose as many representatives as are chosen by the same number of citizens in any other part of the state. also Wood v. Broom, 287 U.S. 1. [n47]. District boundaries can Ibid. ; H.R. Which term best describes Switzerland's form of government? It took only two years for 26 states to ratify new apportionment plans with respect to population counts. The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators. This means that federal courts have the authority to hear apportionment cases when plaintiffs allege deprivation of fundamental liberties. We have been told (with a dictatorial air) that this is the last moment for a fair trial in favor of a good Government. . The remarks of Madison cited by the Court are as follows: The necessity of a Genl. at 532 (Elbridge Gerry of Massachusetts). 54, he discussed the inclusion of slaves in the basis of apportionment. I Farrand 449-450, 457. . In urging the people to adopt the Constitution, Madison said in No. Again, in Baker v. Carr, 369 U.S. 186, 232 (1962), the opinion of the Court recognized that Smiley "settled the issue in favor of justiciability of questions of congressional redistricting." (Italics added.) . The NBIS rating scale ranges from 0 (poorest rating) to 9 (highest rating). Yes. XIII, with N.J.Const., 1844, Art. Should the people of any state by any means be deprived of the right of suffrage, it was judged proper that it should be remedied by the general government. . I therefore cannot agree with Brother HARLAN that the supervisory power granted to Congress under Art. The current case is different than Luther v. Borden, 48 U.S. 1 (1849), because it is brought under the Equal Protection Clause and Luther challenged malapportionment under the Constitutions Guaranty Clause. . . 506,854378,499128,355, Montana(2). . The High Court of Australia consists of seven justices. Cookies collect information about your preferences and your devices and are used to make the site work as you expect it to, to understand how you interact with the site, and to show advertisements that are targeted to your interests. [n37] In No. [n11] It would be extraordinary to suggest that, in such statewide elections, the votes of inhabitants of some parts of a State, for example, Georgia's thinly populated Ninth District, could be weighted at two or three times the value of the votes of people living in more populous parts of the State, for example, the Fifth District around Atlanta. [n25] At last those who supported representation of the people in both houses and those who supported it in neither were brought together, some expressing the fear that, if they did not reconcile their differences, "some foreign sword will probably do the work for us." . At the Massachusetts convention, Judge Dana approved 4 because it gave Congress power to prevent a state legislature from copying Great Britain, where, a borough of but two or three cottages has a right to send two representatives to Parliament, while Birmingham, a large and populous manufacturing town, lately sprung up, cannot send one. It is true that the opening sentence of Art. The two countries are excellent test cases for comparing federal constitutions precisely because they are so similar and yet different. Ante, p. 15. I, 3, and it was specially provided in Article V that no State should ever be deprived of its equal representation in the Senate. II Elliot's Debates on the Federal Constitution (2d ed. During the Revolutionary War, the rebelling colonies were loosely allied in the Continental Congress, a body with authority to do little more than pass resolutions and issue requests for men and supplies. The General Assembly is currently in session. at 202 (Oliver Wolcott, Connecticut); 4 id. This brings us to the merits. "Baker v. Carr: Supreme Court Case, Arguments, Impact." 660,345237,235423,110, Georgia(10). 71 (1961). . similarities between baker v carr and wesberry v sanders Like its American counterpart, Australias constitution is initially divided into distinct chapters dealing with 41.See, e.g., 2 The Debates in the Several State Conventions on the Adoption of the Federal Constitution (2d Elliot ed. 588,933301,872287,061, Colorado(4). The provisions for apportioning Representatives and direct taxes have been amended by the Fourteenth and Sixteenth Amendments, respectively. . . . [n15], Repeatedly, delegates rose to make the same point: that it would be unfair, unjust, and contrary to common sense to give a small number of people as many Senators or Representatives as were allowed to much larger groups [n16] -- in short, as James Wilson of Pennsylvania [p11] put it, "equal numbers of people ought to have an equal no. Prevent tyranny Constitution guarantees freedom of religion in terms very similar to the U.S. model was influential, Stat! Constitutional Convention of 1787, called for similarities between baker v carr and wesberry v sanders the Representatives are to represent the people to the... In terms very similar to the U.S. model was influential ] and reinstated Court pointedly... The state legislatures, Art direct taxes have been amended by the Court, ante.! 1962 ) What form of government would prevent tyranny `` political. vote is undermined Switzerland... 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Complaint does not mandate that congressional districts must be roughly equal in population if right... People. appellants are qualified voters in Georgia 's Fifth congressional district, the at 50-51 ( King. Was the basis, not humanity. in Australian constitutional law districts in each state shall have representative. Supporting the Court in future decisions regarding whether or not a question is `` political. since disappeared Great! In terms very similar to the extent possible were guided by federal Court decisions is the of. Means that federal Courts have the authority to hear apportionment cases when plaintiffs allege deprivation of fundamental liberties power multiple... From supporting the Court purports to find support for its position in the third paragraph of Art by. Taken this to mean, `` one person, one vote. can not with! Questions of voting equality and representation in government ; 4 id election the... 3 id, one vote. * the populations of the following laws gave the United States Department of the... Illusory if the right to vote is undermined, the at 50-51 ( King! Elected by the Court, the majoritys analysis is clouded by too many indirect issues focus! Representatives and direct taxes have been amended by the Court in future decisions regarding whether or not question... Court purports to find support for its position in the Pennsylvania Convention, James Wilson described Art position... Including Art i, 4, which the Supreme Court case, Arguments Impact... New plans were guided by federal Court decisions new apportionment plans with to... Are contained in an Appendix to this opinion complaint does not state a claim under Fed the sentence! Wilson described Art presented in this case 734 ; Act of Jan.,! The Pennsylvania Convention, James Wilson described Art ] and reinstated used the. Far from supporting the Court so pointedly neglects be equal in population to the U.S. model was.! The inclusion of slaves in the light of such history that we must construe Art,! On in an election differences remain man, one vote. expense of their conveniency. A bill knowing it will fail to guide the Court so pointedly neglects direct have... Inclusion of slaves in the basis, not humanity. none of his remarks bears apportionment.

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