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Is Obamacare Constitutional?


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2010 Mar 8, 3:54am   29,489 views  165 comments

by RayAmerica   ➕follow (0)   💰tip   ignore  

Under Obamacare, for the first time in American history, every citizen would be required, under penalty of law, to purchase federally regulated and approved health insurance. Under the current proposal the fine would be $750 for an individual that refused to comply. This is only the beginning. No doubt if this plan is implemented this fine will increase dramatically in the future.

As the non-partisan Congressional Budget Office (CBO) wrote back in 1994: “A mandate requiring all individuals to purchase health insurance would be an unprecedented form of federal action. The government has never required people to buy any good or service as a condition of lawful residence in the United States.”

Is this plan Constitutional? If you think it is, where is it in the Constitution that the power is granted to the federal government to force Americans to purchase anything from the private sector?

#politics

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87   Vicente   2010 Oct 17, 8:45am  

antifeminist says

I am not aware of anyone that was a feminist until the 19th century. Feminism is not possible without an industrial revolution.

There are examples of matriarchal societies prior to Industrial Revolution.

88   elliemae   2010 Oct 17, 8:46am  

antifeminist says

So who the hell are you?

Are ya talking to Vicente? He's our any man.

89   nope   2010 Oct 17, 8:47am  

I can assure you that I am both smarter and more knowledgeable than you are, and am definitely more knowledgeable than Thomas Jefferson was.

Your assumptions about what I do or do not know are highly amusing.

90   antifeminist   2010 Oct 17, 8:51am  

Show me these feminist societies without industrialization. I am talking about matriarchies. Name one. A matrilineal society does not require that women are politically equal to men. History has had several matrilineal patriarchies. Name these societies!

91   RayAmerica   2010 Oct 17, 8:54am  

Kevin says

I can assure you that I am both smarter and more knowledgeable than you are, and am definitely more knowledgeable than Thomas Jefferson was.
Your assumptions about what I do or do not know are highly amusing.

I guarantee one thing; if Jefferson were alive today, you wouldn't be able to hold a conversation with him for more than 2 minutes. You make the silly assumption that because you "know" a few things (very much in doubt) about modern society, you therefore "know" what HIS society and times were all about. Sorry to tell you this "Kevin," you are one self deluded person. I would love to buy you for what you are worth and sell you for what you think you are worth. I'd make a fortune.

92   marcus   2010 Oct 17, 8:54am  

I agree that wisdom and knowledge are not the same, as I think Kevin said. If you look at what it is that one spends time and energy trying to prove, you will see their wisdom, or lack there of.

Antifeminist, it would be difficult to guess the genesis of your strange obsession with race. You confuse "white" with middle class. It is true that since a majority of the current middle class in the US is white, we white folk have the luxury of having major input into what it means to be middle class. I'm talking about, behavior, education, SETTING AN EXAMPLE FOR THE FUTURE when we are no longer the majority.

But it is a simple fact that "white" americans will become a minority soon. Let's do our best positively impact and preserve a strong middle class in America. As for your racist views, which are wrong, why not just put yourself out there and experience the world. Don't be so scared of what you don't know. You would be surprised at the degree to which people are the same. Especially if they have the good fortune to be born in to a decent middle class (or better) situation.

You say you're intelligent. If so, follow this logic. In spite of the fact that your race views are simply wrong, what if they were right ? What is it you would want ? Your views, like satanism, or pedaphelia are unacceptable in our culture. Do you with your supposed logic skills think you are going to change us ? Please tell us what it is you wish to accomplish with this.

93   RayAmerica   2010 Oct 17, 8:55am  

Kevin says

I can assure you that I am both smarter and more knowledgeable than you are, and am definitely more knowledgeable than Thomas Jefferson was.

This silly example of self delusion deserves a repeat. This guy is certifiable.

94   RayAmerica   2010 Oct 17, 8:57am  

marcus says

But it is a simple fact that “white” americans will become a minority soon.

I can't wait to be a "minority." I'm looking forward to affirmative action so I can gets me a job at the Post Office.

95   nope   2010 Oct 17, 9:04am  

RayAmerica says

Kevin says

I can assure you that I am both smarter and more knowledgeable than you are, and am definitely more knowledgeable than Thomas Jefferson was.

Your assumptions about what I do or do not know are highly amusing.

I guarantee one thing; if Jefferson were alive today, you wouldn’t be able to hold a conversation with him for more than 2 minutes.

If Jefferson was alive today, he'd probably be both smarter and more knowledgeable than I am, so you might be right.

But he's not. He did hundreds of years ago. More people are alive today than had ever existed when Jefferson died. Science has uncovered more in the last 100 years than it did in the previous 10,000. We've had new political systems, new economic systems, and new social systems tried, failed, and refined.

No human being could possibly understand everything that our society has learned in the last 200 years. That's why we need googles and wikipedias to help us understand even a fraction of it.

You make the silly assumption that because you “know” a few things (very much in doubt) about modern society, you therefore “know” what HIS society and times were all about.

Actually, I don't particularly care what his society was "all about". His society accepted slavery, subjugation of women, and extreme elitism. I don't really give a shit what he believed or did not. My point is that it's not relevant in 2010.

Would you like to discuss the political viewpoints of cavemen as well?

Sorry to tell you this “Kevin,” you are one self deluded person. I would love to buy you for what you are worth and sell you for what you think you are worth. I’d make a fortune.

Oh, Ray, you couldn't possibly afford me for what I'm actually worth.

96   RayAmerica   2010 Oct 17, 9:07am  

Kevin says

If Jefferson was alive today, he’d probably be both smarter and more knowledgeable than I am, so you might be right.

Do you really think so? I'm sure that assertion should spark some debate. LOL !!!

97   elliemae   2010 Oct 17, 9:08am  

RayAmerica says

I can’t wait to be a “minority.” I’m looking forward to affirmative action so I can gets me a job at the Post Office.

Well, you've certainly shown the propensity to "go postal" when things don't go your way.

RayAmerica says

I guarantee one thing; if Jefferson were alive today, you wouldn’t be able to hold a conversation with him for more than 2 minutes.

Well, duh - he'd be 267 years old and probably wouldn't remember what things were like back in the day. One thing with which he would agree, however, is that we have a greater knowledge base today than we did back in the 1700's.

98   RayAmerica   2010 Oct 17, 9:12am  

Kevin .... you've sparked another thought. Albert Einstein died back in the 1950's. He didn't know anything about the internet (Al Gore didn't invent it yet), didn't live to see a man on the moon (yes, it really did happen), never used a cell phone, etc. Do you think that would make YOU more "knowledgeable" than Einstein?

Please answer. The fun is just beginning.

99   antifeminist   2010 Oct 17, 9:30am  

marcus, I follow your logic. It's feel-good stimulation. What do I hope to accomplish? I hope to plant my wisdom into whatsoever minds I can reach. I know you don't believe me now. If you live another 20 years and you are not retarded, and I think you are not, I think you will see that I was telling you the truth. Kevin got us on the topic, remember?

"By definition. Do you have any idea how much more the average person knows today than even the best educated people did 200 years ago?

Thomas Jefferson didn’t even believe that Africans and Europeans were the same species."

If blacks are ever better at civilization than whites, I will adopt black culture. Your neo-socialist-multicultural white culture is inane, and I will not adopt it. I think several thousand years of history tells us what cultural values don't work and what work best.

marcus, here is my problem with your logic: You want life to be easy for everybody at everybody else's expense. The laws of nature do not consult your feelings or buy into a Ponzi scheme. Consumption can never exceed production. Your feelings are not consulted by life, sorry.

100   marcus   2010 Oct 17, 10:05am  

antifeminist says

marcus, here is my problem with your logic: You want life to be easy for everybody at everybody else’s expense

I never said that. I am fine with things being basically a meritocracy. Even with small amounts of affirmative action, it's not like we don't still have a meritocracy. All I was getting at, is that you would do better on this forum to use terms like middle class, in place of "white," because that is what our culture and values are about, whether you are capable of getting it or not.

And if your disagreement over what our most fundamental values are is that strong, then so be it. You will just end up ignored by many, including me. My guess is you are already ignored by many (via the ignore link/button).

101   antifeminist   2010 Oct 17, 10:17am  

marcus,

1) nice scare tactic about people ignoring me.

2) when would I have done better to use the term 'middle class' as opposed to white?

3) why is that a good thing to use 'middle class' as a synonym for 'white', assuming it is?

4) why is 'special needs' better than 'physically challenged' which is better than 'handicapped'? Did handicapped get stale with unpleasant truth? Goes back to your precious feelings, I think.

5) I appreciate you. I don't want to support you through government, but I appreciate you. We are having a conversation not about Lady Gaga. :-)

102   marcus   2010 Oct 17, 10:37am  

antifeminist says

2) when would I have done better to use the term ‘middle class’ as opposed to white?

Provocative things you said such as references to "white exceptionalism." And an otherwise tone of white supremacy, especially in your first couple posts.

I'm not saying middle class is a synonym for white. Just that I think you confuse the two. I'm concerned about the middle class not going away. Ethnicity is irrelevant. I believe that in the not so distant future even the middle class will be extremely diverse, and that values you attribute to white middle class will be embraced by a middle class that is majority nonwhite. It's something that I think is worth fighting for.

Who's the realist ?

The ignore button comment was not a scare tactic. It's a feature that I and others can use if we so choose.

103   nope   2010 Oct 17, 11:11am  

RayAmerica says

Kevin …. you’ve sparked another thought. Albert Einstein died back in the 1950’s. He didn’t know anything about the internet (Al Gore didn’t invent it yet), didn’t live to see a man on the moon (yes, it really did happen), never used a cell phone, etc. Do you think that would make YOU more “knowledgeable” than Einstein?
Please answer. The fun is just beginning.

I know more about a lot of things than Einstein did, but I'm sure that he still knew more about physics in 1950 than I currently know. Most of the developments in Physics since Einstein's time have been in highly speculative areas that I admittedly don't follow that much, except for quantum mechanics. I'm pretty sure that people like Neil Tyson and Stephen hawking know more than Einstein did at the time of his death though.

I definitely know more than he did about other topics. Einstein was a brilliant physicist, but I don't think I'd have listened to him about investment advice, engineering, or city planning.

However, my great grandchildren will definitely know more about physics than Einstein did, much like I know *way* more than Newton did.

marcus says

You will just end up ignored by many, including me. My guess is you are already ignored by many (via the ignore link/button).

It's actually only the second poster that I've ever ignored. Mostly to save me time scrolling past the multi-thousand word posts that don't even produce a single thought.

104   antifeminist   2010 Oct 17, 11:13am  

I believe that the civilizations made according to white values over the past 500 years have been the best. You seem to think that realization is somehow bad. If the Saints won the Superbowl, would it be a slight to the other teams to say the Saints were the best that year?

Whites don't have a patent on superior social design. Whites are losing their superior values. Will non-whites adopt what whites are giving up? For all practical purposes, no. Only confident intellectuals give up the values of their native culture when they can do better. The exceptions will not stop the consequences of the rule. I think that currently no societal population on earth has common sense, which means common wisdom baked into culture.

Who's the realist? Time will tell. I agree that things are changing. I disagree with how uplifting those changes will be. You see unprecedented harmony; I see a return to senseless barbarism. We will just have to disagree in the meantime. I wish for you to consider the rightness of State secession. It would allow for peaceful change, and judgment by life.

I've developed my social view on a study of statistics and history. I wonder what the basis for your convictions are. Marcus, have you independently developed your opinion by looking at facts, or have you adopted someone else's ready-made opinion? How do you get to multicultural bliss?

105   marcus   2010 Oct 17, 12:31pm  

antifeminist says

Marcus, have you independently developed your opinion by looking at facts, or have you adopted someone else’s ready-made opinion? How do you get to multicultural bliss?

It's self evident.

Spend a few decades in New York, Chicago, LA, Miami, or any one of many other diverse cities. And live. Experience. I now teach in a school that is over 80 percent nonwhite. It's a middle class area. Guess what, the kids are indistinguishable from "white" kids (except to the extent you can discern their ethnicity).

Experience is the only way you can get it. Many cities already look like the future. I feel sorry for you for what you haven't experienced. Maybe it's a silver spoon ? Maybe you are in backwater Texas, or maybe some hillbilly culture that you think is America.

antifeminist says

I disagree with how uplifting those changes will be. You see unprecedented harmony; I see a return to senseless barbarism.

I don't see unprecedented harmony without a vibrant economy. And I don't see it without continued striving toward that. You're proof that hate/fear and intolerance are learned. Fortunately learning tolerance is much easier and happens relatively naturally in some environments.

antifeminist says

I see a return to senseless barbarism

You're friend Abe likes books about how we create our reality. I agree, at least in a way. Maybe he can help you, although I doubt it.

Good luck.

106   TechGromit   2010 Oct 17, 9:16pm  

Vicente says

RayAmerica says

…. UNDER PENALTY OF LAW, this legislation FORCES citizens to purchase from a PRIVATE entity a product. Please inform us when the federal government has ever done such a thing?

Do you live in the USA? I wonder….. after all you cannot drive on a public road AFAICR without proof of PRIVATE insurance.

Not True, your free to use paved roads if you riding your bike without insurance. It's always assumed that roads are only for cars, with the exception of limited access highways, roads for more than just cars.

107   RayAmerica   2010 Oct 18, 6:33am  

Kevin says

By definition. Do you have any idea how much more the average person knows today than even the best educated people did 200 years ago?
Thomas Jefferson didn’t even believe that Africans and Europeans were the same species.

Kevin says

I can assure you that I am both smarter and more knowledgeable than you are, and am definitely more knowledgeable than Thomas Jefferson was.

Kevin says

I still can’t believe that anyone is dumb enough to use quotes from people who have been dead for 200 years as a way to argue for or against something.

Kevin says

What Thomas Jefferson thought of government, taxes, or anything else is irrelevant to 2010. Dead people don’t get a vote.

Our little "Kevin" vs JFK:

John F. Kennedy - Remarks at a Dinner Honoring Nobel Prize Winners of the Western Hemisphere, April 29th, 1962

"I want to tell you how welcome you are to the White House. I think this is the most extraordinary collection of talent, of human knowledge, that has ever been gathered together at the White House, with the possible exception of when Thomas Jefferson dined alone."

108   antifeminist   2010 Oct 19, 7:13am  

RayAmerica, that was an awesome comment! And using JFK no less! I don't think people like Kevin will get it.

109   antifeminist   2010 Oct 19, 7:28am  

marcus says

antifeminist says

Marcus, have you independently developed your opinion by looking at facts, or have you adopted someone else’s ready-made opinion? How do you get to multicultural bliss?

It’s self evident.
Spend a few decades in New York, Chicago, LA, Miami, or any one of many other diverse cities. And live. Experience. I now teach in a school that is over 80 percent nonwhite. It’s a middle class area. Guess what, the kids are indistinguishable from “white” kids (except to the extent you can discern their ethnicity).
Experience is the only way you can get it. Many cities already look like the future. I feel sorry for you for what you haven’t experienced. Maybe it’s a silver spoon ? Maybe you are in backwater Texas, or maybe some hillbilly culture that you think is America.
antifeminist says

I disagree with how uplifting those changes will be. You see unprecedented harmony; I see a return to senseless barbarism.

I don’t see unprecedented harmony without a vibrant economy. And I don’t see it without continued striving toward that. You’re proof that hate/fear and intolerance are learned. Fortunately learning tolerance is much easier and happens relatively naturally in some environments.
antifeminist says

I see a return to senseless barbarism

You’re friend Abe likes books about how we create our reality. I agree, at least in a way. Maybe he can help you, although I doubt it.
Good luck.

So, Marcus, you are a card carrying member of the National Education Association, the education arm of the new world order? If you take away the ability of white people, you get Mexico or the Congo. That is effectively what you are doing. Where is the evidence of unsubsidized greatness in New York, Chicago, LA, or Miami? You use the weapon of white man's burden. When Mexico or sub-Saharan Africa westernize like Japan, let me know.

Patrick's words are apropos here:

If you understand that, then you probably understand the rest of this site as well. If your job depends on not understanding that, then you won’t understand it.

110   nope   2010 Oct 19, 1:02pm  

RayAmerica says

Our little “Kevin” vs JFK:

John F. Kennedy - Remarks at a Dinner Honoring Nobel Prize Winners of the Western Hemisphere, April 29th, 1962

“I want to tell you how welcome you are to the White House. I think this is the most extraordinary collection of talent, of human knowledge, that has ever been gathered together at the White House, with the possible exception of when Thomas Jefferson dined alone.”

Oh, shit, JFK said something once. I didn't realize you were such an admirer.

111   Vicente   2010 Oct 19, 1:15pm  

Kevin says

Oh, shit, JFK said something once. I didn’t realize you were such an admirer.

What? Didn't you know Ray SHOOK HIS HAND? I found a picture:

112   RayAmerica   2010 Oct 20, 5:49am  

I was an admirer of JFK. Why? JFK represented the Democratic Party when it wasn't a whacko group made up of nutty, left wing, radical socialists that wanted to hug trees, save whales, marry their buddies and kill babies. If JFK were alive today, he'd be a conservative member of the GOP. In defining terms of these leftoids, JFK would be a "Reagan Conservative Radical."

113   RayAmerica   2010 Oct 20, 5:51am  

Kevin .... who should we accept as a definition of Thomas Jefferson; you or JFK? LOL

114   Honest Abe   2010 Oct 20, 6:22am  

RAY...I was reading your post of 12:49 above - Interesting because I was also on the "dark side" in the past. At least until I educated myself. I chose personal responsibility over dependency. I chose liberty over tyranny. I chose freedom over force. I chose independence over collectivism.

Liberals live with a seedy mindset of: pity, neediness, misfortune, poverty, exploitation, discrimination, victimization, injustice. The victims are the: workers, minorities, the little guy, women and the unemployed.

Liberals accuse: Big business, the man, big corporations, greedy capitalists, the rich, the successful, the wealthy, the powerful, and the selfish of being the bad guy, the predators, or the oppressors.

The liberal motto is "In Government We Trust". Ah, dependency at its finest. MOMMY !!!

115   Vicente   2010 Oct 20, 6:59am  

Oh come now JFK was a lefty, we know this because he cheated with hot movie starlets:

Where Republicans prefer some doughboy in a men's room:

116   RayAmerica   2010 Oct 20, 7:10am  

Honest Abe says

I chose personal responsibility over dependency. I chose liberty over tyranny. I chose freedom over force. I chose independence over collectivism.
Liberals live with a seedy mindset of: pity, neediness, misfortune, poverty, exploitation, discrimination, victimization, injustice. The victims are the: workers, minorities, the little guy, women and the unemployed.
Liberals accuse: Big business, the man, big corporations, greedy capitalists, the rich, the successful, the wealthy, the powerful, and the selfish of being the bad guy, the predators, or the oppressors.
The liberal motto is “In Government We Trust”. Ah, dependency at its finest. MOMMY !!!

A very good illustration of what a real American is and isn't. Nice job Abe. You sir are a great American!

117   RayAmerica   2010 Oct 20, 7:18am  

Vincente .... actually I did shake hands with JFK when I was a little boy. My mother took me to hear a speech given by him and we were shut out due to the large crowd. We stayed outside and when he was finished, for security reasons they kept the crowd inside and his small entourage of secret service, etc. came right out to where just the two of us were standing. He came right up to us and, in hind sight, amazingly spent about a minute with us. That small incident sparked an interest in me regarding politics, current events, history, and (as an adult) in separating the myth of JFK from the real person. I am totally convinced he would in fact be a Reagan Republican if he were alive today.

118   marcus   2010 Oct 20, 2:00pm  

RayAmerica says

I am totally convinced he would in fact be a Reagan Republican if he were alive today.

But then we have learned that everything you are convinced of is off the charts stupid.

119   elliemae   2010 Oct 20, 2:46pm  

RayAmerica says

actually I did shake hands with JFK when I was a little boy.

Is that a euphemism for masturbation? 'cause a lot of little boys do That.

120   nope   2010 Oct 20, 3:15pm  

RayAmerica says

I was an admirer of JFK. Why? JFK represented the Democratic Party when it wasn’t a whacko group made up of nutty, left wing, radical socialists that wanted to hug trees, save whales, marry their buddies and kill babies. If JFK were alive today, he’d be a conservative member of the GOP. In defining terms of these leftoids, JFK would be a “Reagan Conservative Radical.”

Things JFK had in common with Reagan:

- Wanted to lower tax rates (the top marginal rate was 90% when he took office)
- Wanted to start a war with communists
- Didn't mind causing civil wars and military coups in third world countries
- Amazing speaker
- Support for space exploration (at least late in his career)

Things JFK did that Reagan would never support:

- Heavy-handed intervention in the steel industry
- More government spending on public education
- Government-provided health care for the elderly
- Welfare for poor (at the time, rural) communities
- Government intervention during the recession (generally through monetary policy easing)

If you want to know what Kennedy's politics would have looked like today, just look at the politics of his family members. You're crazy if you think Kennedy would be anything close to what we call a "conservative" today. Shit, Richard Nixon would be called a liberal today by your standards.

121   RayAmerica   2010 Dec 14, 5:14am  

At least one Federal Judge understands the Constitution. Mandating American citizens to purchase, under penalty of law, private health insurance is clearly unconstitutional. This ruling is a step in the right direction in getting Obamacare overturned.

http://www.bloomberg.com/news/2010-12-13/u-s-health-care-law-requirement-thrown-out-by-judge.html

122   Â¥   2010 Dec 14, 6:02am  

Congrats, ray, you guys' judge-shopping finally found one on the take.

Mandating American citizens to purchase, under penalty of law, private health insurance is clearly unconstitutional.

And yet it was part of the Chaffee plan of 1993, with such anti-Constitutional co-sponsors like Bob Dole and Orrin Hatch.

I suppose you know more about the US Constitution than Bob Dole did in 1993, right?

But I do in fact hope ObamaCare is scrapped. The past 20 years have been a bad dream and we're going to need to reboot this place from first principles, and we're going to have to fight each other in the streets to establish these principles, since obviously democracy itself can no longer function in this country.

2nd Amendment FTW.

123   kentm   2010 Dec 14, 6:12am  

I was wondering when you'd get around to posting about this. In response, though I don't personally agree with the 'mandate', I'll reply by quoting a bit from a news story I read a couple of days ago:

So the "big" story is that a district court judge has ruled that health care reform's individual mandate is unconstitutional, dealing reform a Massively Major Blow. That must mean the "little" story is that in fourteen previous cases, judges have either dismissed cases against the law's constitutionality or ruled against those cases. From the White House comes this roster of some of the rejected cases:

Sollars v. Reid -dismissed 4/2/10
Taitz v. Obama - dismissed 4/14/10
Archer v. U.S. Senate - dismissed 4/12/10
Heghmann v. Sebelius - dismissed 5/14/10
Mackenzie v. Shaheen - dismissed 5/26/10
Fountain Hills Tea Party Patriots v. Sebelius - dismissed 6/2/10
Coalition for Parity Inc. v. Sebelius - dismissed on 6/21/10
U.S. Citizens Association v. OMB - dismissed 8/2/10
Baldwin v. Sebelius – dismissed 8/27/10
Burlsworth v. Holder - dismissed 9/8/10
Schreeve v. Obama - dismissed 11/4/10

And if those cases represent the little story, then the puny story must be that in two previous cases a federal judge has ruled that the individual mandate is perfectly constitutional.

But because of today's ruling, in which a conservative judge appointed by George W. Bush became the first magistrate to rule against the individual mandate, conservatives are rejoicing about the demise (caveat: in the Eastern District of Virginia until the case is overturned on appeal) of a provision they once supported. Orrin Hatch, today:

Today is a great day for liberty.

124   Vicente   2010 Dec 14, 6:25am  

So why hasn't it been struck down in Massachusetts too? I understand they have something up there called RomneyCare which has a mandate.

125   RayAmerica   2010 Dec 14, 6:58am  

Vicente says

So why hasn’t it been struck down in Massachusetts too? I understand they have something up there called RomneyCare which has a mandate.

Massachusetts is very similar to the Soviet Socialist State of California. The only surprise to me is why CA hasn't attempted the same thing.

126   FortWayne   2010 Dec 14, 7:18am  

It's only constitutional if Americans believe it is. I personally do not believe government has a right to force me to buy a product from a private entity. Because if they start on that path, they won't stop there.

Social Security and Medicare are different, because these are full government programs. If Medicare was ran by United or BlueCross or Bank of America I'd be against it too.

I personally think it is completely unconstitutional because there is NO public option. Besides in this country insurance only makes healthcare more expensive.

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