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Record W2277431550

Indians in Madison's Constitutional Order

2002· article· en· W2277431550 on OpenAlexaff
Jacob T. Levy

Bibliographic record

VenueSSRN Electronic Journal · 2002
Typearticle
Languageen
FieldSocial Sciences
TopicAmerican Constitutional Law and Politics
Canadian institutionsMcGill University
Fundersnot available
KeywordsFederalistCommerce ClauseSovereigntyLawPolitical scienceConstitutionLegislaturePresidencyConstitutional theoryFederalismPoliticsPluralism (philosophy)Constitutional law
DOInot available

Abstract

fetched live from OpenAlex

This essay examines James Madison's thought and politics with respect to American Indian nations, demonstrating that he recognized their sovereignty and land rights, aiming to keep them insulated from interference by the states and denying the main theoretical justifications for exercising rule over them or taking their lands. It ties together his normative writings and constitutional work, and closes with a little-known episode from his presidency, in which he tried (and failed) to protect Indian allies of the United States from the depredations of Andrew Jackson. The eventual constitutional settlement, that Indian tribes are domestic dependent subject to plenary legislative authority of Congress, is alien to Madison's constitutional vision; the Indian commerce clause was not a grant of such authority, any more than the authority to regulate commerce with other nations granted plenary legislative authority over them. For originalists, this should count as evidence against the compatibility of current Indian law with the meaning of the Constitution; and for students of Madison's thought, it shows that the Federalist 10 analysis of factions was not the only way in which he thought about group pluralism.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.005
metaresearch head score (Gemma)0.006
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.102
Threshold uncertainty score0.203

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0050.006
Meta-epidemiology (narrow)0.0000.001
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0020.004
Science and technology studies0.0160.013
Scholarly communication0.0180.005
Open science0.0010.004
Research integrity0.0040.007
Insufficient payload (model declined to judge)0.0050.001

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.013
GPT teacher head0.269
Teacher spread0.256 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2002
Admission routes1
Has abstractyes

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