Critics call them "legislation by other means. Want more great content? For example, Trumps travel COVID-19 Executive Orders. Preserving and Fortifying Deferred Action for Childhood Arrivals (Daca) on 20 Jan 2021, Reinstating Deferred Enforced Departure for Liberians on 20 Jan 2021. When it refused to do as this president asked, he boasted that he could govern more effectively than Congress using his phone and pen. Before the 1970s, different types of federal disasters were handled by separate government agencies. Heres an example of how a patrol officer might enforce a stay-at-home order. Check out our recap of the results! Do Men Still Wear Button Holes At Weddings? can declare laws or presidential actions unconstitutional, An executive order is an official directive from the U.S. president to Biden's executive orders in his first 100 days: View the list - CNN 6516 of December 20, 1933, Excusing Federal Employees in the District of Columbia from Duty December 23 and 30, 1933 December 21, 1933 524 6518: Waiving Provisions of Executive Order No. Bidens Law-making Executive Orders Are Unconstitutional, UN Biodiversity Beijing-Wall Street Convergence. Executive Orders: The Famous, The Infamous & The Ridiculous I used to have to argue this on social media during the Obama years because there were just a ton of people under the impression it was Obama. Not Support studies and assist local areas experiencing a surge of cases: Biden wants to support research that uses clinical trials that include underrepresented people, looks at how the pandemic affects rural areas, and studies the long-term affects of Covid. Congress and the White House have been at loggerheads for weeks on the next phase of federal aid to those suffering financially and who lost jobs because of governor-mandated lockdown orders in response to the COVID-19 pandemic. WebThe judicial branch can interpret laws or declare them unconstitutional. Much of his actions are recommendations rather than any rules, which speaks to the broader challenges of tackling problems in an American education system that stresses local control. Formal and informal powers of the End construction of the border wall: Building a border wall on the southern border was one of Trumps key campaign promises and his primary strategy to keep undocumented immigrants from crossing into the US. It is the supreme law of the land. Every day, yet especially this month, these leaders serve as inspiration for ongoing struggles. We and our partners share information on your use of this website to help improve your experience. When it became apparent that a compromise could not be reached and Congress would not vote to extend the federal unemployment compensation to individuals, President Trump ordered the Treasury to pay all unemployed people $300 a week, provided the states pay them $100 a week, in addition to their state unemployment compensation. Its the very first thing in the constitution and it says that all legislative power will be vested in a Congress of the United States., and that vesting clause gives all of the legislative power to Congress and none of it to the Executive Branch, none of it to the President. To repeal any element of an enacted law, Congress must pass a new law containing repeal language and the codified statutes location in the U.S. Code (including the title, chapter, part, section, paragraph and clause). By that point, three years into his presidency, President Obama had turned his back on Congress posturing, determining to get things done any way he could. Some people argue that President Obama had taken unilateral action, even as he claimed to have used the executive order less frequently than other presidents. The U.S. Constitution is very clear about laws being enacted by Congress and a presidential signature or a congressional two-thirds override of a presidential veto after Congress has voted its approval. Restore federal support for reproductive health programs: Biden reverses a Trump rule banning the use of federal funds on domestic and international programs that provide abortion services and counseling to women. Copyright 2023 The Washington Times, LLC. Executive Orders 101: What are they and how do Presidents use Executive Orders (Beginning with J.Q. Adams ) - UC Santa Barbara 2023 Minute Media - All Rights Reserved. They cannot be used to pass a budget or abolish an act of Congress. Executive Order on Revocation of Certain Executive Orders Concerning Federal Regulation on 20 Jan 2021. They can be repealed by another president.. Reverse order banning transgender people from the military: Trump announced a ban of transgender people serving in the military via Twitter in 2017. To celebrate Presidents Day this year, lets take a look at one of the most effective courses of action for the President of the United States: the executive order. This is the worst way out of this politically-induced recession. Executive order on expanding voting rights on 7 March 2021. Trump withdrew the US, making it one of three nations outside the pact, contending that the agreement undermines the US economy. Executive Order: President's Intelligence Advisory Board and Intelligence Oversight Board. Borrowing and giving away money will just postpone the day of reckoning. Create a Covid testing board to expand testing capacity and access: Biden wants to explore the possibility of manufacturing tests in the US as part of an effort to increase capacity. Possibly the most famous executive order was issued in a time before the directives were officially numbered. Why the president must be prevented from taking any action that violates the principle of federalism, Pence fails to see nuance in Ukraine war, sides with military-industrial complex. Executive Order on Promoting Covid-19 Safety in Domestic and International Travel on 21 Jan 2021. 18. " Supporters defend them as a necessary tool for leading the country " especially in the face of a Congress unwilling or unable to make tough choices. Again, as Obama spoke on the economy in Austin, Texas on July 10, 2014, he talked about the difficulty in creating change in the current congressional climate: The hardest thing to change in politics is a stubborn status quo. Home | About | Contact | Copyright | Report Content | Privacy | Cookie Policy | Terms & Conditions | Sitemap. Under the separation of powers, Congress writes the laws, the president enforces them, and the judiciary decides what the laws mean and if they are constitutional. 12 of the Boldest Executive Orders in U.S. History to Kick Off Your 13563 - E.O. Which of the following can be used to overturn a Supreme Court decision declaring a federal law unconstitutional? President Roosevelt signed Executive Order 9066, authorizing the detention of more than 110,000 Japanese-Americans. An Executive Order by the President is not legislation. Rejoin the Paris climate agreement: The agreement commits the US to international carbon emissions goals. Guantanamo Bay is a U.S. military prison that was established by President George W. Bush in 2002 to detain, interrogate, and prosecute extraordinarily dangerous criminals. What happens if the Supreme Court refuses to review a case? 2023 EO 14091 1 2022 EO 14062 - EO 14090 29 2021 EO 13985 - EO 14061 77 Donald Trump Donald Trump In 1803, Marbury v. Madison was the first Supreme Court case where the Court asserted its authority to strike down a law as unconstitutional. His first desire was to save the Union, not to end slavery. Influential examples of Supreme Court decisions that declared U.S. laws unconstitutional include Roe v. Wade (1973), which declared that prohibiting abortion is unconstitutional, and Brown v. Board of Education (1954), which found racial segregation in public schools to be unconstitutional. Procure US goods when possible: This is a step to support American producers who may be undercut by international competitors. Within his first two weeks in office, he issued 30 Executive Orders dealing with an array of important matters. Stick around to discover some of the most famous (and infamous) executive orders so far using HeinOnlinesU.S. Presidential Library. Organizations Call on President Biden to Rescind President Trumps Executive order directing Department of Education to review policies in order to protect students from sexual violence on 8 March 2021. Trumps Constitutional Misdeeds 9066 was the result of "race prejudice, war hysteria, and a failure of political leadership.". So when the President is trying to use an executive order in place of legislation he is really violating Article I, Section 1 of the United States Constitution. Reaffirm tribal sovereignty: The federal government has violated treaty promises to sovereign tribal nations for more than two centuries. Stated differently, the Treasury cannot legally borrow or spend a nickel unless it has been expressly authorized to do so by law meaning by legislation enacted by Congress. Though the order only truly freed slaves in Union-controlled states (about 20-50,000), it provided a framework for the eventual emancipation of millions more as Union armies overtook the Confederates. 13596 (34 Executive orders issued) 2012 - E.O. The states, in turn, should permit those who want to operate their businesses to do so, with their customers and employees assuming the risk of patronage or employment. If the government can undo the act of the Parliament by simply backdating a notification, then what is the point of having a Parliament, Achary said. This lawsuit names as defendants, in addition to the President, Attorney General Loretta Lynch, and Thomas Brandon, director of the ATF. Executive Order 14075Advancing Equality for Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Individuals. For example, many people dont realize that the Emancipation Proclamation was an executive order issued by President Abraham Lincoln. The difference is the response of Congress and specifically the response of some of the Republicans If you ask historians, take a look at the track records of the modern presidency, Ive actually been very restrained.. End use of private prisons for federal inmates: Biden orders the attorney general not to renew contracts with privately operated prisons which are often accused of profiting from a racist criminal justice system. Theres plenty more where that came from! For example, state attorneys general offices can act through their own authority, seek assistance from state law enforcement, utilize the courts and judicial system, and work with state agencies that have particular policy concerns or interests. I use the phrase federal monies rather than federal funds or taxpayer dollars because the federal government is broke. Executive Order on Economic Relief Related to the Covid-19 Pandemic on 22 Jan 2021. Executive Orders only apply to government employees. The Court can declare an Executive order unenforceable if it decides the order is unconstitutional. Proclamation on Ending Discriminatory Bans on Entry to the United Stateson 20 Jan 2021. Once signed, the executive order bears the power of law. What can Congress do if the Supreme Court finds a federal law unconstitutional? 13527 (39 Executive orders issued) 2010 - E.O. Memorandum to Extend Federal Support to Governors Use of the National Guard to Respond to Covid-19 and to Increase Reimbursement and Other Assistance Provided to States on 21 Jan 2021. Such matters may include anything from creating or amending rules or policies for federal employees, to issuing orders to clarify an agencys responsibilities in carrying out some legislation. What are some examples of unconstitutional executive orders in Advisor to President Bill Clinton, Paul Begala, once boiled down the awesomeness of this presidential authority in a succinct statement: Stroke of the pen. Government by presidential Executive Orders must cease. Tune in to hear how to EMMY NOMINATIONS 2022: Outstanding Limited Or Anthology Series, EMMY NOMINATIONS 2022: Outstanding Lead Actress In A Comedy Series, EMMY NOMINATIONS 2022: Outstanding Supporting Actor In A Comedy Series, EMMY NOMINATIONS 2022: Outstanding Lead Actress In A Limited Or Anthology Series Or Movie, EMMY NOMINATIONS 2022: Outstanding Lead Actor In A Limited Or Anthology Series Or Movie. Raises the minimum wage of federal contract workers to $15 an hour in early 2022, up from the current $10.95. He hoped that the defeat would convince the South they could not win the war, and as a concession to a quick surrender, they would be allowed to keep their slaves. Executive Order on Establishing the Covid-19 Pandemic Testing Board and Ensuring a Sustainable Public Health Workforce for Covid-19 and Other Biological Threats on 21 Jan 2021. Which two laws did the Supreme Court declared to be unconstitutional? This principle mandates state sovereignty and independence in areas of governance reserved to the states. Our democracy is designed where folks who have power, who have clout they can block stuff, they can keep things as they are. When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court. Get posts like these sent directly to your inbox when you subscribe today. For example, an executive order cannot be made to regulate interstate commerce, or commerce with other nations, as this power is reserved for Congress. Congress can get around a Court ruling by passing a new law or changing a law ruled unconstitutional by the Court. However, when the Court interprets a statute, new legislative action can be taken. Judicial Review of Executive Orders | Federal Judicial Center There is understandably some confusion over these actions, as there is no actual constitutional provision or law that defines or permits either the executive order or presidential memorandum. In January, 2016, President Barak Obama took executive action to broaden the scope of who is considered to be a gun dealer under the law, as part of an initiative to prevent criminals and mentally ill people from buying firearms. A2A, The classic example is Harry Trumans order to seize American steel mills during the Korean War, held to be beyond the Presidents constitutio In times of crisis, the U.S. President may issue executive orders, overriding Congress, on a nearly limitless scope. Included in that plan was a proposal to desegregate the military and phase out the all-black units dating back to the Civil War. of November 2, 1903, made Mrs. Roy L. Quackenbush a permanent clerk in the Post Office. 9 of January 17, 1873, Prohibiting Federal Officers and Employees from Holding State or Municipal Offices, as to Martin Conboy Democrat President Barak Obama, on his first day in office, signed three executive orders, making it clear that the policies of his presidency would not be the same as those of his predecessor. The order significantly lowered the number of refugees allowed into the U.S. that year and suspended the entry of refugees from countries such as Syria, Iran, Iraq, Libya, Somalia, and more. Web7 C.F.R. WebJoseph R. Biden Jr. issued 107 executive orders between 2021 and 2023. What happens if you dont follow an executive order? The Highest courts can review the decisions made by the parliament. The U.S. Constitution gives the American President authority to create laws, or decide how an existing law should be carried out, through the use of executive orders. 1917. Copyright 2023 HeinOnline. Biden directs the Census Bureau to count undocumented immigrants. (a) Notice by a Party. However, the government is yet to notify the rules for the law to be implemented. The early 1970s were rocked by thescandalous impeachment of President Richard Nixon. all adding costs that have led to closing numerous companies and/or seeing business flow to countries not facing similar burdens such as China. May 1. Who has the power to declare an action unconstitutional? the judicial branch The executive branch can declare Executive Orders, which are like proclamations that carry the force of law, but the judicial branch can declare those acts unconstitutional. Lichtman says that while an executive order is not a law (a law must be passed by Congress and signed by the president), it has the force of a law and it must be carried out. What it doesn't have is permanence. "They have to be obeyed while they're in effect," Lichtman says. 989.66: U.S. Department of Agricultures California Raisin Marketing Order requiring a percentage of a growers crop be physically set aside in certain years for the of executive actions by Franklin D. Roosevelt Require masks on domestic transport: This includes airports, on international flights and on trains, buses and ferries. As the environmental movement was gaining vast questionable power, Article II, Section 1 of the U.S. Constitution contains a vague reference to executive orders, giving the president the power to "take care that the laws are faithfully executed. No, a president should be considered the equivalent of a corporate CEO who certainly has legitimate power to issue orders dealing with his employees. The provisions in the order included one that directs federal agencies to serve as voting registration agencies if states request them. Both, however, carry the full force of the law. Subscribe to the HeinOnline Blog to receive posts like these right to your inbox. If Trump used his voice to create an organization to support candidates and causes aligned with his vision, he could exert far more As we reported last May, the World Health Organization is trying to amass authority to take control of our country during a pandemic. What to do about all the young people on their phones, growing depressed, anxious and worse? Lincoln's Invasion. Biden's 1619 Project to cover for Lincoln's Constitutional abuse. The rest pale to insignificance. Executive Orders When one follows a law before it is ruled unconstitutional, the act is legal. Begalas rather flippant assessment of this process tersely summarizes what has been occurring for many years. Rather, it is an instrument of politics only. On January 6th Black history is filled with heroes who have overcome unspeakable obstacles in the fight for racial equality, civil rights, and social justice. It also establishes a Native American rights steering group. Conservatives are reviving the nondelegation doctrine -NCLA is supportive of reinvigorating the nondelegation doctrine. [WPA poster courtesy of the Library of Congress.]. What is the difference between an executive order and a law? Throughout his campaign, President Donald Trump argued that terrorists are manipulating the existing refugee resettlement program to gain entry to the United States. In the Supreme Court, if four Justices agree to review the case, then the Court will hear the case. Its hard.. At last count, more than 30 million Americans who had full-time jobs a year ago are today unemployed. Jun 15, 2022. Taken mostly from the West Coast, approximately Inasmuch as Mr. Trumps executive order has the state contribution of $100 a week per person as a trigger for individuals to receive the federally borrowed $300 a week, the executive order is not only doubly unconstitutional, it is functionless as an instrument of aid. This memorandum acknowledges the federal governments role in furthering the xenophobia against Asian Americans and directs agencies to ensure their communications dont further the anti-Asian sentiments that Trump stoked. The Court established this doctrine in the case of Marbury v. Madison (1803). Unconstitutional Executive Orders, Detainees, And More Foundations Of Freedom: Its time for us to answer your questions again today. In what many believe will be a series of legal challenges to Obamas use of executive orders, Klayman argues in his complaint: These actions are unconstitutional abuses of the presidents and executive branchs role in our nations constitutional architecture and exceed the powers of the president as set forth in the U.S. Constitution.. Because the affected countries were predominantly made up of Muslim citizens, the order was condemned by many and referred to as a Muslim ban. The constitutionality of the directive was called into question inWashington v. Trump;as a result, Trump signeda redrafted version of the order, which the Supreme Court upheld. The executive order was deemed unconstitutional later that year in 2017. President Joe Biden has signed more than 30 executive orders to date, nearly as many as the past four presidents combined at this point in their terms. The Constitutional basis is that the President is the head of the Executive branch of the government. As such, he is free to issue orders to the va However, the deadline was not met and Obamas term ended with the prison still open. Modernizing Regulatory Review on 20 Jan 2021. NCLA views the Administrative State as an especially serious threat to constitutional freedoms. Coordinate supplies and treatments: This includes everything from personal protective equipment to tests and vaccines. You might have read about these executive orders in Mrs. Snodergrape's 11th grade history class. In fact, according to the American Presidency Project, an ongoing study undertaken by the University of California, Santa Barbara, as of June, 2016, President Obama had signed a total of 244 executive orders, which is indeed fewer than his contemporaries. The decision was embroiled in legal challenges and eventually rejected by the supreme court. The executive order came into use before 1850, but the 13635 (39 Executive orders issued) Trump repealed these rules and tried to pander to suburban voters by saying he was pushing low-income housing out of their neighborhoods. On January 22, 2009, President Barack Obama signedExecutive Order 13493, calling for a review of all detained individuals and vowing that the prison would close within a year. Since then, presidents have exercised more restraint and usually cite specific laws when signing an Executive Order. Another provision directs the justice department to provide voter registration information to people in federal custody and also help formerly incarcerated people get identification. This is referred to as granting certiorari, often abbreviated as cert. If four Justices do not agree to review the case, the Court will not hear the case. Ethical guidelines for executive branch appointees: Among Bidens first good government actions was to pledge that rules would be put in place to ensure executive appointees are free from conflicts of interest a response to several Trump appointees having personal financial interests in their policy decisions. Table of Laws Held Unconstitutional in Whole or in Part by Trump shortened the enrollment period. Executive Order on Protecting the Federal Workforce and Requiring Mask-Wearing on 20 Jan 2021. New Civil Liberties Alliance | 1225 19th Street NW, Suite 450, Washington, DC 20036 | (202) 869-5210. How can the president spend money that has not been appropriated by law? The OFR numbers each order consecutively as part of a series and publishes it in the daily Federal Register shortly after receipt. Executive orders arent supposed to bind anyone outside of the executive branch and trying to use them as laws is an unconstitutional shortcut. Can the Supreme Court stop Congress from passing unconstitutional laws? . It also allows for increased screening and vetting of travelers through information sharing with foreign governments. Who decides if something is unconstitutional? Here's the Full List of Donald Trump's Executive Orders - NBC News Examples of executive order use include President Ronald Reagans 1987 issuance of Executive Order No. Tora! 13489 - E.O. Executive Order on Reforming Our Incarceration System to Eliminate the Use of Privately Operated Criminal Detention Facilities on 26 Jan 2021. The issue of the difference between executive orders and Presidential Memoranda was brought to light before the American public, as President Obama engaged in the use of both types of order to get things done when faced with an uncooperative Congress. If a president has the power to create law all by himself, the American people have to realize that they have allowed whoever holds the post to become the equivalent of a king or a dictator. 1884 made the use of hunting with a "lantern, torch, bonfire, or other artificial light" a misdemeanor. Wilson apparently had a fascination with the day-to-day operations of the Panama Canal Zone; he signed executive orders covering hiring, anti-corruption efforts, telegraph and wireless services, and postal crimes. This more modern trend towards resorting to executive orders is troubling. NCLA is raising concerns. Executive Order on the Revision of Civil Immigration Enforcement Policies and Priorities on Terms of Use / Privacy Policy / Manage Newsletters, - executive orders 11063, signed on November 20, 1962 by President John F. Kennedy, which prohibited racial discrimination in federally funded housing. The result is more law for the American people to endure, despite the fact that such law-making is clearly unconstitutional. He is the author of nine books on the U.S. Constitution. Less than two weeks later, Truman issued Executive Order 9981, "[declaring it] to be the policy of the President that there shall be equality of treatment and opportunity for all persons in the armed services without regard to race, color, religion, or national origin." He approvingly commented about Clintons use of Executive Orders as follows, Stroke of the pen; law of the land, kinda cool.Begala knew that the president he served and numerous predecessor presidents had adopted the use of Executive Orders when Congress wouldnt go along with something desired by the boss, or even when the president was in a hurry to demonstrate his wrongfully acquired clout. Because executive orders do not require congressional approval, the President can set important policy while sidestepping public debate. In July 1862, Lincoln drafted a "Preliminary Emancipation Proclamation" that announced he would free the slaves in any territory still under rebellion on January 1, 1863. Torch Hunting: Back in the good ol' days, when men were men, those manly men liked to go hunting. The order states that executive departments and agencies must slash two regulations for every one new regulation proposed. Checks and Balances Examples . The payments of compensation are calculated as a percentage of income earned in the year before the job loss. But the executive power is vested in the President. Established a gender policy council: Biden signed an executive order establishing a gender policy council charged with fighting for rights of the LGBTQ+ community and women. By 1933, with the Great Depression in full swing, President Franklin D. Roosevelt was desperate for a way to increase the governments cash on hand, necessitating a physical increase in its amount of gold. One of the candidates running to succeed him blasted this unconstitutional presidential behavior and denounced this president. The Proclamation was actually President Lincoln's last attempt to bring the Civil War to a speedy close. At night. Bidens reversal is seen as a move to protect domestic producers. Mobilizing a Global Response to Combat Covid-19, Ensuring a Data-Driven Response to Covid-19 and, Executive Order on Ensuring an Equitable Pandemic Response and Recovery, Proclamation on the Suspension of Entry as Immigrants and Non-Immigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease, Memorandum on Maximizing Assistance from the Federal Emergency Management Agency, Executive Order on Economic Relief Related to the Covid, Executive Order on Improving and Expanding Access to Care and Treatments for Covid, Executive Order on a Sustainable Public Health Supply Chain, Executive Order on Establishing the Covid, -19 Pandemic Testing Board and Ensuring a Sustainable Public Health Workforce for Covid, Memorandum to Extend Federal Support to Governors Use of the National Guard to Respond to Covid, -19 and to Increase Reimbursement and Other Assistance Provided to States, Executive Order on Supporting the Reopening and Continuing Operation of Schools and Early Childhood Education Providers, -19 Safety in Domestic and International Travel, Executive Order on Protecting the Federal Workforce, Executive Order on Protecting the Federal Workforce and Requiring Mask-Wearing, Executive Order on Protecting Worker Health and Safety, Executive Order on the Establishment of Interagency Task, Executive Order on Creating a Comprehensive Regional Framework to Address the Causes of Migration, to Manage Migration Throughout North and Central America, and to Provide Safe and Orderly Processing of Asylum Seekers at the United States Border, Executive Order on Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans, Executive Order on the Revision of Civil Immigration Enforcement Policies and Priorities, Bidens order underlines the administrations support for the program, Preserving and Fortifying Deferred Action for Childhood Arrivals (Daca), Reinstating Deferred Enforced Departure for Liberians, Proclamation on Ending Discriminatory Bans on Entry to, Executive Order on Tackling the Climate Crisis at Home and Abroad, Executive Order on Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis, on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation, Executive Order on Enabling All Qualified Americans to Serve Their Country in Uniform, Memorandum on Tribal Consultation and Strengthening Nation-to-Nation Relationships, Memorandum Condemning and Combating Racism, Xenophobia, and Intolerance Against Asian Americans and Pacific Islanders in the United States, Executive Order on Reforming Our Incarceration System to Eliminate the Use of Privately Operated Criminal Detention Facilities, Memorandum on Protecting Womens Health at Home and Abroad, Memorandum on Redressing Our Nations and the Federal Governments History of Discriminatory Housing Practices and Policies, Executive order on expanding voting rights, Executive order establishing the White House gender policy council, Executive order directing Department of Education to review policies in order to protect students from sexual violence, A Proclamation on Adjusting Imports of Aluminum Into the United States, Executive Order on Ensuring the Future Is Made in All of America by All of Americas Workers, Executive Order on Revocation of Certain Executive Orders Concerning Federal Regulation, Executive Order on the Presidents Council of Advisors on Science and Technology, Memorandum on Restoring Trust in Government Through Scientific Integrity and Evidence-Based Policymaking, Executive Order on Ethics Commitments by Executive Branch Personnel, Executive Order on Strengthening Medicaid and the Affordable Care Act, Executive Order on Ensuring a Lawful and Accurate Enumeration and Apportionment Pursuant to the Decennial Census.
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