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We the People
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Content provided by National Constitution Center. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by National Constitution Center or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.
A weekly show of constitutional debate hosted by National Constitution Center President and CEO Jeffrey Rosen where listeners can hear the best arguments on all sides of the constitutional issues at the center of American life.
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560 episodes
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Content provided by National Constitution Center. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by National Constitution Center or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.
A weekly show of constitutional debate hosted by National Constitution Center President and CEO Jeffrey Rosen where listeners can hear the best arguments on all sides of the constitutional issues at the center of American life.
…
continue reading
560 episodes
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×Jonathan Rauch , author of Cross Purposes: Christianity’s Broken Bargain with Democracy , and Julian Zelizer , author of In Defense of Partisanship , join Jeffrey Rosen for a wide-ranging discussion on their new books and the rise of partisanship in America. This conversation was originally streamed live as part of the NCC’s America’s Town Hall program series on March 3, 2025. Resources Julian E. Zelizer, In Defense of Partisanship (2025) Jonathan Rauch, Cross Purposes: Christianity's Broken Bargain with Democracy (2025) Julian E. Zelizer, Abraham Joshua Heschel: A Life of Radical Amazement (2021) Jonathan Rauch, “Christian Renewal and the Future of American Democracy,” Brigham Young University Wheatley Institute (Jan. 24, 2025) Jeffrey Rosen, The Pursuit of Happiness: How Classical Writers on Virtue Inspired the Lives of the Founders and Defined America (2024) Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly , our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube . Support our important work. Donate…
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We the People


1 The Supreme Court and the Trump Administration 47:17
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Jamelle Bouie and David French of The New York Times , Sarah Isgur of The Dispatch , and Melissa Murray of NYU School of Law join Jeffrey Rosen to discuss the relationship between the Roberts Court and the Trump administration. They discuss how the Supreme Court might resolve open legal questions—including impoundment and the unitary executive theory—and debate the Court’s role in maintaining the separation of powers. This conversation was originally recorded on February 22, 2025, as part of the NCC’s President’s Council Retreat in Miami, Florida. Resources Melissa Murray (with Leah Litman and Kate Shaw), “ Yes, We’re in a Constitutional Crisis ” Strict Scrutiny podcast (Feb. 17, 2025) Jamelle Bouie, Michelle Cottle, David French, and Carlos Lozada, “Opinion: Don’t be Fooled, ‘Trump is a Weak President’” The New York Times (Feb. 14, 2025) David French, “ The Trump Crisis Deepens ,” The New York Times (Feb. 6, 2025) Sarah Isgur and David French, “ Lawless or Unwise ?” Advisory Opinions podcast (Feb. 14, 2025) Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly , our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube . Support our important work. Donate…
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We the People


President Trump’s far-reaching executive actions have given rise to a debate about whether the president is acting within the tradition of presidential power—or whether recent events represent a departure from the constitutional order and precedent. Melody Barnes of the University of Virginia Karsh Institute for Democracy, Charles Cooke of National Review , Joanne Freeman of Yale University, and Yuval Levin of the American Enterprise Institute join Jeffrey Rosen to discuss the American tradition of presidential power and evaluate analogues to our constitutional moment from across U.S. history. This conversation was originally recorded on February 20, 2025, as part of the NCC’s President’s Council Retreat in Miami, Fla. Resources Yuval Levin, “ A Rule of Thumb for the Executive Power Debates ,” National Review Online (February 5, 2025) Melody Barnes et al., Karsh Institute of Democracy Statement of Principles Melody Barnes, Corey D. B. Walker and Thad M. Williamson, “ Introduction: Can We Make American Democracy Work? ,” in Community Wealth Building and the Reconstruction of American Democracy (2020) Charles Cooke, The Conservatarian Manifesto: Libertarians, Conservatives, and the Fight for the Right’s Future (2015) Charles Cooke, “The American System Works, and It Will Work If Trump Wins Again,” National Review (Dec. 15, 2023) Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly , our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube . Support our important work. Donate…
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We the People


1 The 14th Amendment and the History of Reconstruction 1:02:35
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Jeffrey Rosen discusses the 14th Amendment with Sherrilyn Ifill, the head of the 14th Amendment Center for Law & Democracy at Howard Law School and the former president of the NAACP Legal Defense Fund, Pamela Brandwein, author of Rethinking the Judicial Settlement of Reconstruction , and Ilan Wurman , author of The Second Founding: An Introduction to the Fourteenth Amendment . They discuss the historical events that gave rise to the 14th Amendment and debate its original meaning. This conversation was originally streamed live as part of the NCC’s America’s Town Hall program series on February 10, 2025, in partnership with the Federal Judicial Center. Resources Ilan Wurman, The Second Founding: An Introduction to the Fourteenth Amendment (2020) Pamela Brandwein, Rethinking the Judicial Settlement of Reconstruction (2011) Sherrilyn Ifill, “ Why are U.S. courts afraid of the 14th Amendment? Because it’s radical ,” The Washington Post (Nov. 23, 2023) Sherrilyn Ifill, “ Yes, this is America: Why I’m Creating the 14th Amendment Center for Law and Democracy ,” Substack (July 7, 2023) 14th Amendment Title VI, Civil Rights Act of 1964 The Civil Rights Act of 1866 The Reconstruction Amendments Brown v. Board of Education Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly , our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube . Support our important work. Donate…
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We the People


Since January 20, 2025, President Trump has issued dozens of executive orders, several of which have attracted legal challenges. Steve Vladeck of Georgetown University Law Center and Gary Schmitt of the American Enterprise Institute join Jeffrey Rosen to parse the flurry of executive orders and preview the lawsuits they face. Resources White House Presidential Actions “Litigation Tracker: Legal Challenges to Trump Administration Actions” , Just Security Steve Vladeck, “The Impoundment Crisis of 2025” , One First SubStack (Jan. 28, 2025) Steve Vladeck, “Trump's Guantánamo Memo”, One First Substack (Jan. 30, 2025) Gary Schmitt, “Presidential Impoundment, Explained” , The Dispatch (Jan. 17, 2025) Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly , our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube . Support our important work. Donate…
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We the People


1 What the Black Intellectual Tradition Can Teach Us About American Democracy 1:04:54
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New York Times columnist Jamelle Bouie and political scientist Melvin Rogers , author of The Darkened Light of Faith: Race, Democracy, and Freedom in African American Political Thought , explore the ways key African American intellectuals and artists—from David Walker, Frederick Douglass, and W.E.B. Du Bois to Billie Holiday and James Baldwin—reimagined U.S. democracy. Thomas Donnelly , chief scholar at the National Constitution Center, moderates. This conversation was originally streamed live as part of the NCC’s America’s Town Hall program series on Nov. 14, 2023. Resources Melvin Rogers, The Darkened Light of Faith: Race, Democracy, and Freedom in African American Political Thought (2023) Melvin Rogers, The Undiscovered Dewey: Religion, Morality, and the Ethos of Democracy (2008) Kate Masur, Until Justice Be Done: America's First Civil Rights Movement, from the Revolution to Reconstruction (2021) Jamelle Bouie, “ How Black Political Thought Shapes My Work ”, The New York Times (Feb. 11, 2023) David Walker David Walker, Appeal to the Colored Citizens of the World (1829) Jamelle Bouie, “ Why I Keep Coming Back to Reconstruction ”, The New York Times (Oct. 25, 2022) Martin Delany Jamelle Bouie, “ What Frederick Douglass Knew that Trump and DeSantis Don’t ”, The New York Times (June 30, 2023) Jamelle Bouie, “ The Deadly History of ‘They’re Raping Our Women’ ”, Slate (June 18, 2015) W.E.B. Dubois, The Souls of Black Folk (1903) Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly , our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube . Support our important work. Donate…
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We the People


1 My Fellow Americans: Presidents and their Inaugural Addresses 1:00:48
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Jeffrey Rosen interviews three contributors to the recently published compendium My Fellow Americans: Presidents and Their Inaugural Addresses , Michael Gerhardt , Kate Masur , and Ted Widmer . They reflect on President Trump’s second inaugural speech and discuss inaugural addresses throughout American history. This conversation was originally streamed live as part of the NCC’s America’s Town Hall program series on Jan. 21, 2025. Resources: Yuvraj Singh and Ted Widmer, My Fellow Americans: Presidents and Their Inaugural Addresses (2024) Martin Van Buren, Inaugural Address (March 4, 1837) Donald Trump, Second Inaugural Address (Jan. 20, 2025) Andrew Jackson, First Inaugural Address (March 4, 1829) Andrew Jackson, Second Inaugural Address (March 4, 1833) Grover Cleveland, Second Inaugural Address (March 4, 1893) Abraham Lincoln, First Inaugural Address (March 4, 1861) Abraham Lincoln, Second Inaugural Address (March 4, 1865) Franklin D. Roosevelt, First Inaugural Address (March 4, 1933) John F. Kennedy, Inaugural Address (Jan. 20, 1961) Joe Biden, Inaugural Address (Jan. 20, 2021) Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly , our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube . Support our important work. Donate…
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We the People


1 Can Texas Require Age Verification on Adult Sites? 1:10:04
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The Supreme Court will determine whether a Texas law requiring age verification for adult websites violates the First Amendment. Nadine Strossen of New York Law School and Adam Candeub of Michigan State University join Jeffrey Rosen to preview oral arguments in Free Speech Coalition v. Paxton , examine the text, history, and tradition of the First Amendment, and debate whether the Texas law is constitutional. Resources: Nadine Strossen, Defending Pornography: Free Speech, Sex, and the Fight for Women's Rights (1995, republished 2024) Nadine Strossen, Brief of Amici Curiae First Amendment Scholars in Support of Petitioners , Free Speech Coalition v. Paxton Adam Candeub, Amicus Curiae Brief of Scholars in Support of Respondent , Free Speech Coalition v. Paxton Adam Candeub, “ How the Supreme Court Can Protect Digital Childhood ,” Law & Liberty (Jan. 9, 2025) Free Speech Coalition, Brief for Petitioners , Free Speech Coalition v. Paxton Attorney General Ken Paxton, Brief for Respondent , Free Speech Coalition v. Paxton Judge Jerry Smith, Opinion of the Fifth Circuit Court of Appeals , Free Speech Coalition v. Paxton Ginsberg v. New York (1968) Sable v. FCC (1989) Reno v. ACLU (1997) Ashcroft v. ACLU (2004) Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly , our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube . Support our important work. Donate…
In TikTok v. Garland , the Supreme Court will determine whether TikTok—the social media platform used by an estimated 170 million Americans—can continue to operate in the United States under the ownership of a Chinese holding company. Jameel Jaffer of Columbia Law School and Zephyr Teachout of Fordham Law School join Jeffrey Rosen to debate whether the law that forces TikTok to be sold or banned violates the First Amendment. Resources: Jameel Jaffer, “ Brief of the Knight First Amendment Institute at Columbia University, Free Press, and PEN American Center as Amici Curiae in Support of Petitioners ," TikTok v. Garland Jameel Jaffer, “ The Supreme Court Must Intervene in the TikTok Case ,” The New York Times (Dec. 10, 2024) Zephyr Teachout, “ Brief of AMICI CURIAE Zephyr Teachout and Joel Thayer in Support of Respondent ,” TikTok v. Garland United States Court of Appeals for the D.C. Circuit, Opinion of the Court , TikTok v. Garland Arcara v. Cloud Books, Inc. (1986) Reed v. Town of Gilbert (2015) Moody v. NetChoice (2024) Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly , our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube . Support our important work. Donate…
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1 For or Against Constitutional Originalism? 1:01:35
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Jonathan Gienapp of Stanford University and Stephen Sachs of Harvard Law School join Chief Scholar Thomas Donnelly to discuss Gienapp’s new book, Against Constitutional Originalism: A Historical Critique . They review the history of originalism and debate the role of originalism in constitutional interpretation today. This conversation was originally streamed live as part of the NCC’s America’s Town Hall program series on October 8, 2024. Resources: Jonathan Gienapp, “Against Constitutional Originalism: A Historical Critique” (2024) Stephen Sachs and Will Baude, “Originalism and the Law of the Past” (Law and History Review, 2019) Michael Stokes Paulsen and Vasen Kesavan, “Is West Virginia Unconstitutional?” (90 Cal L. Rev. 291, 2002) William Baude, Jud Campbell, and Stephen Sachs, “General Law and the Fourteenth Amendment” (76 Stanford L. Rev 1185, 2024) Jud Campbell, “Four Views of the Nature of the Union” (47 Harvard J. Law & Public Policy 2, 2024) Fletcher v. Peck (1810) District of Columbia v. Heller (2008) United States v. Rahimi (2024) Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly , our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube . Support our important work. Donate…
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We the People


1 The Life and Constitutional Legacy of Gouverneur Morris 57:00
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Jeffrey Rosen explores the life and legacy of Gouverneur Morris, author of the Preamble to the Constitution. Joining him are Melanie Miller , editor of the Gouverneur Morris Papers: Diaries Project , Dennis Rasmussen , Hagerty Family Fellow at Syracuse University’s Maxwell School of Citizenship and Public Affairs and author of The Constitution’s Penman: Gouverneur Morris and the Creation of America’s Basic Charter , and William Treanor , dean of Georgetown University Law Center. This conversation was originally streamed live as part of the NCC’s America’s Town Hall program series on December 12, 2024. Resources: Dennis C. Rasmussen, The Constitution’s Penman: Gouverneur Morris and the Creation of America’s Basic Charter , (2023) William M. Treanor, Gouverneur Morris and the Drafting of the Federalist Constitution , (2023) William M. Treanor, The Case of the Dishonest Scrivener: Gouverneur Morris and the Creation of the Federalist Constitution , (2021) Melanie Randolph Miller, An Incautious Man: The Life of Gouveneur Morris , (2008) Gouverneur Morris Papers The U.S. Constitution: Preamble The Federalist Papers The Constitutional Convention of 1787: A Revolution in Government Gouverneur Morris, “Slavery and Representation,” (Aug. 8, 1787) Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly , our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube . Support our important work. Donate…
Steven Calabresi of Northwestern Law School joins Jeffrey Rosen to discuss his new book, The Meese Revolution: The Making of a Constitutional Moment . Calabresi reviews former Attorney General Edwin Meese’s instrumental role in the rise of originalism, and credits Meese with transforming the Department of Justice into an “academy in exile” where originalism was developed and put into practice. Resources: Steven Calabresi and Gary Lawson, The Meese Revolution: The Making of a Constitutional Moment (2024) Edwin Meese III, Speech to the American Bar Association (7/9/1985) Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly , our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube . Support our important work. Donate…
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We the People


Jeffrey Rosen discusses the role of religion at the founding with Jane Calvert of the John Dickinson Writings Project, Vincent Phillip Muñoz of the University of Notre Dame, and Thomas Kidd of the Midwestern Baptist Theological Seminary. They trace the framers’ personal faith commitments and explore the original understanding of the relationship between church and state. This conversation was originally streamed live as part of the NCC’s America’s Town Hall program series on November 25, 2024. Resources: The First Amendment , National Constitution Center exhibit Jane E. Calvert, Penman of the Founding: A Biography of John Dickinson (2024) Thomas Kidd, Thomas Jefferson: A Biography of Spirit and Flesh (2022) Vincent Phillip Muñoz, Religious Liberty and the American Founding: Natural Rights and the Original Meanings of the First Amendment Religion Clauses (2022) Thomas Kidd, God of Liberty: A Religious History of the American Revolution (2010) Vincent Phillip Muñoz , God and the Founders: Madison, Washington, and Jefferson (2009) Letter From George Washington to the Hebrew Congregation in Newport, Rhode Island , (Aug. 18, 1790) Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly , our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube . Support our important work. Donate…
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We the People


1 Can Tennessee Ban Medical Transitions for Transgender Minors? 1:01:37
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A Tennessee law prohibits transgender minors from receiving gender transition surgery and hormone therapy. Professor Kurt Lash of the University of Richmond and David Gans of the Constitutional Accountability Center join Jeffrey Rosen to debate whether the law violates the Equal Protection Clause of the 14th Amendment. Resources: U.S. v. Skrmetti , Supreme Court oral argument ( audio via C-SPAN ; transcript ) Kurt Lash, Amicus Curiae in Support of Respondents , U.S. v. Skrmetti David Gans, Amicus Curiae in Support of Petitioner and Respondents in Support of Petitioner , U.S. v. Skrmetti Bostock v. Clayton County (2020) Geduldig v. Aiello (1974) Loving v. Virginia (1967) Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly , our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube . Support our important work. Donate…
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We the People


Representative Christopher Cox , author of Woodrow Wilson: The Light Withdrawn , and Geoffrey Stone of the University of Chicago join moderator Jeffrey Rosen to discuss Woodrow Wilson’s constitutional and historical legacy. They explore Wilson’s illiberal record in the defining constitutional battles of his time, focusing his opposition to women’s suffrage, free speech, and racial equality. This conversation was originally streamed live as part of the NCC’s America’s Town Hall program series on November 25, 2024. Resources: Christopher Cox, Woodrow Wilson: The Light Withdrawn (2024) Geoffrey Stone, " Woodrow Wilson, Princeton University, and the Battles We Choose to Fight ," Huffington Post (Nov. 21, 2015) Geoffrey Stone, Perilous Times: Free Speech in Wartime from the Sedition Act of 1798 to the War on Terrorism (2004) Espionage Act of 1917 and Sedition Act of 1918 Committee on Public Information , Free Speech Center (2009; updated 2024) The First Amendment , National Constitution Center exhibit Susan B. Anthony Amendment , National Susan B. Anthony Museum & House Justice Brandeis , Oyez Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly , our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube . Support our important work. Donate…
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