Like many other civil rights laws from its era, it went largely unenforced in succeeding decades. WebAbstract. In Grove City College, the Court had effectively gutted Title IX of the Education Amendments Act of 1972, and by implication other antidiscrimination statutes, by holding that only those college programs directly receiving federal financial assistance, and not the college as a whole, had an obligation to not discriminate on the basis of sex. Handler, Jack "Civil Rights Restoration Act of 1987 The effect of these practices was to create stark patterns of segregation, which still continue in the twenty-first century. 13 [codified as amended at 18 U.S.C.A. Graham, Hugh Davis. In Giles v. Harris (1903) and Giles v. Teasley (1904), a black citizen challenged provisions such as these in the Alabama state constitution. Since the passage of Title VII and other legislation, all Americans are heirs to a legacy of equal opportunity and equal justice under law. . Pursuant to 42 USCS 1983 Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable., "You have an excellent service and I will be sure to pass the word.". The Civil Rights Act transformed American politics and society. 835. "Civil Rights Acts Klinkner, Philip A., and Roger M. Smith. WebThe Enforcement Act of 1871 permitted federal oversight of local and state elections if any two citizens in a town with more than twenty thousand inhabitants desired it. WebThis 32-page book is reproducible and educational. What did the Civil Rights Act of 1991 do? The Japanese American Evacuation Claims Act of 1948 provided for initial compensation to remedy damages. (February 22, 2023). The three acts are sometimes referred to collectively as the Enforcement Acts or the Force Acts. Its detractors claimed that the law improperly expanded federal jurisdiction to areas of Criminal Law better left to the states. A 1992 amendment to the 1988 act remedied difficult questions of eligibility (for instance, for those barred from their homes but not incarcerated) and key problems with funding (it eliminated the need for yearly appropriations of money by establishing a fund from which reparations could be drawn). This support helped Asian American members of Congress from California and Hawaii to push through legislation creating the Commission on Wartime Relocation and Internment of Civilians. History of Education Quarterly 38, no. Many members of Congress believed that the failure to grant the EEOC meaningful enforcement powers has proven to be a major flaw in the operation of Title VII of the Civil Rights Act of 1964. The Act was passed to protect southern blacks from the Ku Klux Klan by providing a civil remedy for abuses then being committed in the South. Encyclopedia.com. 1983) that prohibited state officials from denying rights to blacks: Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. WebThe Civil Rights Act of 1871: The Civil Rights Act of 1871 was a key piece of legislation during the Reconstruction Period (1863-1877) after the American Civil War. The Civil Rights Act of 1964 was passed in response to the These included racial zoning ordinances, racially restrictive covenants, organized realtor practices, and racial violence. . Most important for many Japanese Americans, the act called for a formal presidential apology. https://www.encyclopedia.com/history/dictionaries-thesauruses-pictures-and-press-releases/civil-rights-restoration-act-1987, Handler, Jack "Civil Rights Restoration Act of 1987 Share sensitive information only on official, secure websites. Generally, only blacks experienced chattel slavery. The Civil Rights Act of 1991 was enacted to amend parts of the Civil Rights Act of 1964 and to restore and strengthen civil rights laws that ban discrimination in employment, and for other purposes.It amends a number of sections in Title VII of the 1964 Civil Rights Act, and applies changes that 1952. Chicago: Johnson. The Republicans who framed the Ku Klux Klan Act intended it to provide a federal remedy for private conspiracies of the sort practiced by the KKK against African Americans and others. Formally, the courts have interpreted Title VII of the Voting Rights Act to proscribe not only overt discrimination but also practices that are fair in form, but discriminatory in operation (Griggs v. Duke Power 1971). Also, in Monnell v. Department of Social Services of the City of New York, et al., the U.S. Supreme Court held that a municipality or other local governmental unit may be considered a 'person' under the 1871 Civil Rights Act. No State shall make or enforce any law, which shall abridge the privileges and immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the law. The Civil Rights Act of 1964 is a landmark federal law that prohibits discrimination on the basis of race, color, religion, sex, or national origin. The whites proceeded to beat and threaten the African Americans. In 1875 Congress passed a third Civil Rights Act (18 Stat. Major Acts of Congress. The Fifteenth Amendment had guaranteed citizens of all races the right to vote in 1870, but state laws, poll taxes, and other institutions still prevented many African Americans from voting. The purpose of the Restoration Act was to make clear that when any program or activity of an organization or entitysuch as a college, medical center, or private contractorreceives federal funding, the entire organization or entity must comply with laws outlawing discriminatory practices based upon race, religion, color, national origin, gender, age, or disability. Taken together, the civil rights legislation enacted during Reconstruction represented a constitutional revolution. Under this original constitutional framework, the federal government was conceived as a great danger to liberty. WebThe Civil Rights Act of 1871 is a United States federal law that prohibits ethnic violence against blacks. Those documents revealed the following: Based on this evidence the federal courts in the coram nobis cases found "manifest injustice," overturned the convictions of Korematsu, Hirabayashi, and Yasui, and thereby laid the legal foundation for reparations. 36 (1894), Civil Rights Workers Sing "We Shall Overcome", Civil War and Industrial and Technological Advances, Civil War and Industrial Expansion, 18601897 (Overview), Civil War and its Impact on Sexual Attitudes on the Homefront, https://www.encyclopedia.com/social-sciences/encyclopedias-almanacs-transcripts-and-maps/civil-rights-acts, https://www.encyclopedia.com/history/encyclopedias-almanacs-transcripts-and-maps/civil-liberties-act-1988, https://www.encyclopedia.com/law/encyclopedias-almanacs-transcripts-and-maps/civil-rights-acts, https://www.encyclopedia.com/history/encyclopedias-almanacs-transcripts-and-maps/force-act-1871, https://www.encyclopedia.com/history/dictionaries-thesauruses-pictures-and-press-releases/civil-rights-restoration-act-1987, https://www.encyclopedia.com/environment/encyclopedias-almanacs-transcripts-and-maps/civil-rights-acts, Civil Rights Act of 1866 (April 9, 1866; reenacted May 31, 1870), Granted citizenship to all persons born or naturalized in the United States; granted rights to sue, make contracts, and own property; made deprivation of civil rights a crime, Curbed states rights claims; made federal government the protector of equal protection under the law, Guaranteed the right to vote regardless of race, color, or previous condition of servitude, Required inns, transportation services, and places of amusement to be open to all regardless of previous condition of servitude, Established federal inspection of voter registration rolls, Established Presidents Commission on Equal Employment Opportunity, Prohibited discrimination based on race, sex, color, national origin, or religion; also addressed voting rights, segregated schools and facilities, employment, Voting Rights Act of 1965 (August 6, 1965), Prohibited any voting qualification that results in denial on account of race or color, Civil Rights Act of 1968 (April 11, 1968), Prohibited discrimination based on race, sex, national origin, or religion in property sex, national origin, or religion in property American Indians, Civil Rights Restoration Act of 1987 (March 22, 1988), Outlawed discriminatory practices based upon race, religion, color, national origin, gender, age, or disability in any part of any institution that receives federal financial assistance, Civil Rights Act of 1991 (November 21, 1991), Lightened burden of proof for Title VII equal employment opportunity litigants; provides for jury trial and monetary damages beyond back pay. He was one of the leaders that lead the African American Renaissance peacefully and lead with confidence. Because each style has its own formatting nuances that evolve over time and not all information is available for every reference entry or article, Encyclopedia.com cannot guarantee each citation it generates. Although passed in 1871, Section 1983 did not come into use as a tool to prevent abuses by state officials until 1961 with the Supreme Court case of Monroe v. Pape. "Ending the Violence: Applying the Ku Klux Klan Act, RICO, and FACE to the Abortion Controversy." The civil rights commission was established and the laws guaranteed qualified voters the right to vote, regardless of their color. West's Encyclopedia of American Law. Pick a style below, and copy the text for your bibliography. . In response to the outcry that followed, President Truman set up the Presidents Committee on Civil Rights, which issued a report, To Secure These Rights, in 1947 recommending additional civil rights legislation and a permanent Civil Rights Commission. Forty years later, the coram nobis proceedings sought reversal of their convictions based on startling government World War II documents found in dust-covered boxes in 1981. This assertion of the supremacy of the federal government over the states was a revolutionary concept at the time. The Force Acts of 18701871. The Court held that women seeking Abortion cannot be considered a class under the terms of the law. Shortly thereafter, on February 2, 1870, Congress ratified the Fifteenth Amendment, guaranteeing that the right of citizens of the United States to vote shall not be abridged by the United States or by any state on account of race, color, or previous condition of servitude. Then, on May 31, 1870, Congress reenacted the Civil Rights Act of 1866, which provided for criminal penalties for those violating the Fifteenth Amendment, using the newly minted Fourteenth Amendment as a source of congressional power. ." WebAmendments. A number of convictions were appealed to the supreme court of the united states which in 1883 declared the act unconstitutional in the civil rights cases, 109 U.S. 3, 3 S. Ct. 18, 27 L. Ed. WebCivil Rights Act of 1866 14 Stat. Through the act, Congress for the first time authorized a presidential apology to an entire group of Americans: Japanese Americans imprisoned by the United States because of their race during World War II without charges, trial, or evidence of necessity. Yet despite this legislation, many blacks feel that they still face discriminatory barriers in the voting process. Although the courts ultimately dismissed that case because it was filed too long after the events, the suit led to greater public awareness of and education about the real internment story. ." Using the Griffin standard, the Court later ruled in United Brotherhood of Carpenters & Joiners v. Scott, 463 U.S. 825, 103 S. Ct. 3352, 77 L. Ed. Modern housing segregation dates back to the Great Migration in the early twentieth century. 22 Feb. 2023
. Retrieved February 22, 2023 from Encyclopedia.com: https://www.encyclopedia.com/law/encyclopedias-almanacs-transcripts-and-maps/civil-rights-acts. The Civil Liberties Act recognized the United States's grave injustice against its own citizens on account of their race, and it acknowledged the need to repair lasting wounds, both to Japanese Americans and to the Constitution. James was a man with words of power. By passing the Restoration Act, Congress overrode a presidential veto and overturned the 1984 Supreme Court decision in Grove City College v. Bell. Denver Journal of International Law and Policy 223 (1992). Encyclopedia.com. Thus, both the ideals of liberty and anticommunism were deployed by the opponents of equal opportunity. WebThis 32-page book is reproducible and educational. Thus, for example, if a college library receives a government grant to enable it to computerize, the entire college is required to comply with all federal civil rights laws. The act, passed during the Ulysses S. Grant administration, was intended to prevent election fraud in Southern states during the Reconstruction era. . The Civil Rights Act of 1871 is a United States federal law that prohibits ethnic violence against blacks. The act allowed individual citizens to sue state officials in federal courts for civil rights violations. Section 2 of the act, codified at 42 U.S.C.A. Any individual correctional The high watermark of reconstruction legislation was the Civil Rights Act of 1875, enacted on March 1, 1875. Historically, such federal intervention was primarily directed against the overt actions of state officials acting under color of law. With less effectiveness, federal actions were also tested against nominally private individuals, such as members of the Ku Klux Klan, who took advantage of the postbellum inertia of state officials and threatened the rights of former slaves. The main goal of the Ku Klux Klan was to prevent blacks from voting by harassing the blacks in their community and often times murdering them in order to 2d 1049 (1983), that economic or commercial groups could not be considered a class protected by the law. . The lawsuit alleged violations of the Ku Klux Klan Act of 1871, which was adopted to thwart efforts to deny the civil rights of racial minorities. ." ." WebJames Weldon Johnson was a prominent African American figure during the Civil Rights movement. The Unhappy History of Civil Rights Legislation. Michigan Law Review 50 (8): 13231358. Once the Supreme Court had legitimized it, many states, including but not limited to most southern states, passed laws requiring or permitting segregation. In such cases the court was instructed to choose two bipartisan supervisors, who, James was born in Jacksonville Florida on June 17th 1871.According to Herman Beavers James, While the law is explicitly on the side of equal justice, a gulf remains. Many entities were exempt, and the Equal Employment Opportunity Commission (EEOC), which was created by Title VII of the act, had a limited role in enforcing employment discrimination. James was a man with words of power. After the American Civil War (186165),, The 1964 Civil Rights Act was the most far-reaching civil rights act passed by the U.S. Congress since the Reconstruction Era (186577; the period af, CIVIL RIGHTS ACT OF 1957, Congress's first civil rights legislation since the end of Reconstruction, established the U.S. Justice Department as a gua, A landmark decision, which was a consolidation of several cases brought before thesupreme court of the united statesin 1883 that declared thecivil ri, Ku Klux Klan Act (1871) Webthe Civil Rights Act of 19646 and its 1972 amendments, 7 which established the Equal Employment Opportunity Commission and created civil remedies for acts of employment discrimination.8 Little attention, however, has been given to important statu-tory provisions derived from the Civil Rights Acts of 18669 and If a civil right is interfered with by another person or persons, legal action can be taken against the perpetrators. The commission's 1983 report, Personal Justice Denied, concluded that the causes of the internment were race prejudice, wartime hysteria, and a failure of political leadership. Corrections managerial personnel may be found liable for rights violations sustained by inmates under certain circumstances. 15, 1883: Civil Rights Act of 1875 Declared Unconstitutional. In addition to the MLA, Chicago, and APA styles, your school, university, publication, or institution may have its own requirements for citations. The change in the wording of the law as it stood under the Act of 1871 to as it stands now is The Ku Klux Klan Act would allow victims of Klan violence to take their case to a federal court, where, it was supposed, they would receive a fairer trial.The act, like other Civil Rights laws from the Reconstruction era, sparked considerable legal debate. Northern Virginia Community College. In its original form the act prohibited discrimination on the basis of race, sex, national origin, and religion. Yamamoto, Eric K. "Friend or Foe or Something Else: Social Meanings of Redress and Reparations." the military, the Department of Justice, and the Department of War concealed and destroyed key evidence, deliberately misled the Supreme Court, and fabricated the military necessity justification for the internment. ." citizenship] the racial strains are undiluted." From there, the government dispersed them to nine desolate internment prisons, encircled by barbed wire, in the western interior. The Civil Rights Act of 1964 was passed in response to the An official website of the United States government, Department of Justice. The Griffin case concerned a 1966 incident in Mississippi in which a group of white men stopped a car out of suspicion that one of its three AfricanAmerican occupants was a civil rights worker. The Act of 1871 was indeed passed in 1871. The Antislavery Origins of the Fourteenth Amendment. American Historical Review 57 (3): 697698. WebMay 31, 1870. James was born in Jacksonville Florida on June 17th 1871.According to Herman Beavers James, 2d 338. Six weeks later, in a letter to the Chairman of the Senate Committee on Indian Affairs, the Indian party leadersMr. https://www.encyclopedia.com/history/encyclopedias-almanacs-transcripts-and-maps/force-act-1871, Rosenfeld, Ross "Force Act of 1871 Ignited by Kennedys leadership and a burgeoning civil rights movement, a substantial movement toward fair housing began. A .gov website belongs to an official government organization in the United States. The Restoration Act effectively closed a number of significant loopholes in earlier civil rights statutes. 21st Century Nanotechnology Research and Development Act of 2003, 3-A Sanitary Standards and Accepted Practice. Retrieved February 22, 2023 from Encyclopedia.com: https://www.encyclopedia.com/history/dictionaries-thesauruses-pictures-and-press-releases/civil-rights-restoration-act-1987. . Texas Law Review 64 (November). The Civil Rights Act made segregation illegal in most public accommodations. 1985(3), provided civil and criminal penalties intended to deal with conspiratorial violence of the kind practiced by the Klan. The act was passed by the 42nd United States Congress and signed into law by United States President Ulysses S. Grant on April 20, 1871. ." Such rights were the rights to sue and be sued, the rights to own real and personal property, and the rights to testify and present evidence in legal proceedings. Nevertheless, West Coast military commander General John DeWitt asserted that Japanese Americans were disloyal simply because of their Japanese heritage and he claimed they posed a threatened to national security, even though no Japanese American had engaged in any act of espionage or sabotage. The Force Act was sandwiched between the Enforcement Act of 1870, which established criminal penalties for interfering with an election, and the Enforcement Act of 1871, which permitted the suspension of habeas corpus. It was initiated by Fred Korematsu, Gordon Hirabayashi, and Min Yasui, who had been convicted during World War II for refusing to be interned. Bell, Abraham, and Gideon Parchomovsky. Momentum began to build after the racially motivated beating, maiming or lynching of several black men following World War II. Gressman, Eugene. Some of the most well-known civil rights guarantees include the right to be free from involuntary servitude, the right to vote, and the right to be free from employment discrimination. States, however, have retained their immunity from suit under the act. President John F. Kennedy continued the march forward. . Congress responded on April 20, 1871, with the passage of the Ku Klux Klan Act, originally introduced as a bill "to enforce the provisions of the Fourteenth Amendment and for other purposes." This was an attempt to silence those who criticized Congress for legislating equality under an amendment that merely prohibited slavery. SEE ALSO Black Codes; Dred Scott v. Sandford; Voting Rights Act of 1965. Such policies as literacy tests and poll taxes (taxes for voting) still kept many blacks from voting. In order to counter the actions of the Ku Klux Klan, the Civil Rights act of 1871 was enacted by President Ulysses Grant. A partial list of the Table of Contents include: A Timeline of Events The Fight for Equality: The U.S. Civil Rights Movement Revolutionary Rights! The U.S. Supreme Court strikes down the Civil Rights Act of 1875, which makes it a crime for the operators of hotels, theaters, and other public accommodations to discriminate on the basis of race. Any individual correctional officer or correctional official violating such rights may be required to pay assessed damages, without reimbursement from the State or municipality. The 1988 act also established the Civil Liberties Public Education Fund to "sponsor research and public educational activities, and to publish and distribute the hearings, findings, and recommendations of the Commission." 22 Feb. 2023 . However, the court has limited this theory by creating strict intent requirements. The Civil Rights Act of 1871 did not create any new civil rights, but it did provide a civil remedy for abuses then being committed by the KKK and some public Minorities are legally protected from discrimination, but there is still debate about the contours of that concept. Yamamoto, Eric K., et al. Projects sponsored by the Education Fund produced high school, college, and law school curricula on the internment and civil liberties; documentaries on internment camp life; oral histories of survivors; and new research on the accommodation of national security and civil liberties. Hayes thus strode upon the stage of American history as the nineteenth president of the United States, but, as agreed, he withdrew the federal troops from the South, thus bringing down the curtain on Reconstruction. Gormley, Ken. The Integration Game. Columbia Law Review 100 (8): 19652029. ." Yet it was still another two decades before Japanese Americans took legal action, in two different kinds of lawsuits, to support the reparations movement. In response, Congress passed what came to be known as the Ku Klux Klan Act on April 20, 1871. The Supreme Court, however, ruled that it could not do anything about the provisions because they represented a "political question." "Civil Rights Acts The Civil Rights Act of 1871 did not create any new civil rights, but it did provide a civil remedy for abuses then being committed by the KKK and some public officials in the South. The excluded individuals of Japanese ancestry suffered enormous damages, both material and intangible, and there were incalculable losses in education and job training, all of which resulted in significant human suffering for which appropriate compensation has not been made. Tenbroek, Jacobus. Circuit Court to oversee it. The Office of Redress Administration (ORA), created by the act, implemented the reparations program. Without charges, hearings, or evidence of individual or racial group disloyalty, the government, with armed military standing by, removed 120,000 Japanese Americans from their homes, forcing them to abandon businesses, jobs, and belongings. The order directed the military to impose a curfew and then forcibly to exclude from the western coastal areas and ultimately detain persons of Japanese ancestry, including American citizens. . Encyclopedia.com. 22 Feb. 2023 . However, the date of retrieval is often important. It was the culmination of years of struggle by brave civil rights activists who demanded an end to the Jim Crow laws - a collection of statues that legalized segregation and marginalized African American communities. The wounds were so deep that the Japanese American community refused to discuss the internment for many years. Following Japan's attack on Pearl Harbor on December 7, 1941, U.S. government suspicions and public sentiment turned against Japanese Americans. 241, 42 U.S.C.A. This number increased to 1.3 million between 1920 and 1930; to 1.5 million between 1930 and 1940; and to 2.5 million between 1930 and 1950 (see Bennett 1982). Civil rights protections also include protection from unreasonable search and seizure, freedom of speech, and other rights that protect all individuals. Violations of this act abounded and criminal prosecutions ensued. Va. 1989]). Some Southern states included measures prohibiting voting by blacks in their new constitutions. The Court holds that Congress does not have the power to enact this broad ban on the actions of a private person or business. 433440 placed all elections in both the north and South under federal control. ." In making its decision, the Court was careful to restrict 1985 claims to those involving actions motivated by "some racial, or perhaps otherwise class-based, invidiously discriminatory animus." The Civil Rights Act of 1964 is a landmark federal law that prohibits discrimination on the basis of race, color, religion, sex, or national origin. Related Link: Civil Rights Act of 1964 | The Enforcement Acts of 1870 and 1871. credit: U.S. The 1871 Civil Rights Act attaches personal liability to anyone 'acting under color' of State law to violate the constitutional rights of another. Thus, civil rights are associated with efforts by the federal government to protect blacks. It also made it a crime to deprive any person of his or her civil rights. Civil rights are rights that citizens have to ensure political and social freedom and equality. Encyclopedia.com. allowed for The force of civil rights legislation was further eroded by the U.S. Supreme Court. Finally, in Plessy v. Ferguson (1896) the Supreme Court placed the imprimatur of constitutional approval on state-sponsored segregation. Section 2 forbids the imposition or application of any voting qualification or prerequisite to voting, or standard, practice, or procedure which results in a denial or abridgement of the right of an citizen of the United States to vote on account of race or color. Section 5 requires federal approval of changes in voting procedures in areas with a history of discrimination. WebWhat did the Civil Rights Act of 1871 do? (February 22, 2023). Major Acts of Congress. Days, Drew S., III. The history of civil rights has included steps forward and backward over time, leading one author to describe it as an unsteady march to equality (Klinkner and Smith 1999). WebPresidents, Vice Presidents, & Coinciding Sessions of Congress Presidential Vetoes Congressional Gold Medal Recipients Individuals Who Have Lain in State or Honor Funerals in the House Chamber Foreign Leaders and Dignitaries Who Have Addressed the U.S. Congress State of the Union Calendars of the House of Representatives To help prevent liability under the Civil Rights Act, corrections managers should (1) provide training in areas vulnerable to civil rights violations, (2) maintain adequate personnel records, (3) implement and record disciplinary action against personnel for inmate mistreatment, and (4) identify for termination staff who habitually mistreat inmates and fail to respond to training and discipline. ( 8 ): 13231358: Civil Rights Act of 2003, 3-A Sanitary Standards Accepted. A third Civil Rights Acts Klinkner, Philip A., and Roger M. Smith official website the! Voting Rights Act ( 18 Stat 2 of the federal government to blacks. 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And Development Act of 2003, 3-A Sanitary Standards and Accepted Practice such federal intervention was primarily directed against overt! Date of retrieval is often important personnel may be found liable for Rights violations however! Act made segregation illegal in most public accommodations any person of his or Civil! Be considered a class under the terms of the law law and 223!, created by the Klan despite this legislation, many blacks from voting 223 ( 1992 ) referred to as! Rights of another against the overt actions of the Act allowed individual citizens to sue officials... Claims Act of 1964 was passed in 1871 collectively as the Enforcement Acts or the Force of Civil Act. This assertion of the leaders that lead the African American Renaissance peacefully lead... 1964 | the Enforcement Acts of 1870 and 1871. credit: U.S 1941, U.S. government suspicions and public turned... 3 ): 697698 passed what came to be known as the Ku Klux Klan on! Sentiment turned against Japanese Americans, the federal government to protect blacks peacefully lead... Beavers james, 2d 338 1, 1875 to anyone 'acting under color of law not!
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