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The History of the Development of Legal Instruments to Prevent Secession: Texas v. White (1869)

2023· article· en· W4361005594 on OpenAlex

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

aboutThe title or abstract carries a Canadian signal from the geographic lexicon.
no affNo Canadian affiliation: this work is invisible to an affiliation-only frame.
No Canadian affiliation. An affiliation-only frame, the usual design, would never have seen this work. It is one of the works that make the case for inverting the frame.

Bibliographic record

VenueLex Russica · 2023
Typearticle
Languageen
FieldSocial Sciences
TopicAmerican Constitutional Law and Politics
Canadian institutionsnot available
FundersRussian Foundation for Basic Research
KeywordsSupreme courtSecessionLawPolitical scienceFederalismConstitutionAppealState (computer science)Politics

Abstract

fetched live from OpenAlex

On April 12, 1869 the Supreme Court of the United States rendered the decision in the case of Texas v. White in connection with the appeal of Texas on the fate of the bonds issued by the state during the Civil War of the North and South. The resolution of this issue, seemingly far from the constitutional and legal aspects of secession, forced the Supreme Court to speak on a number of related issues. These include the «eternal and indissoluble union» of the states that entered the United States, the American nation and its expressed will, the nature of American federalism, the possibility of secession of the states as such. The court answered in the negative as to whether a state can unilaterally secede from the United States, thereby laying the foundations of a modern judicial constitutional and legal doctrine on the admissibility of secession. In American and European science, this decision is still the subject of discussion. The paper analyzes the documents mentioned in this decision, outlines the main arguments of the Supreme Court, and reveals the arguments of scientists criticizing the decision. The paper shows the difference between the approach of the US Supreme Court in interpreting the «silence» of the US Constitution and modern approaches in other countries of the Anglo-Saxon system of law (in Canada and the UK). The problem of the validity of the decision of the US Supreme Court in the case of Texas v. White in the context of modern international law is touched upon. In conclusion, the author expresses her opinion on the reasons for the use of arguments and approaches of the Supreme Court in this decision by modern constitutional control bodies in different countries. The author believes that in search of justification for the existing legal framework in the conditions of the «silence» of the constitution on secession, the US Supreme Court chose those fundamental provisions that do not directly relate to it, but are contained in the constitutions of many countries, and at the same time managed to link them with the inadmissibility of secession.

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Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.000
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.942
Threshold uncertainty score0.562

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.001
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

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 head0.025
GPT teacher head0.290
Teacher spread0.266 · 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