Reading Comprehension

PT151 · S1 · P1 · Q1 The Shelley Court

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The United States Supreme Court’s 1948 ruling in Shelley v. Kraemer famously disallowed state courts from enforcing racially restrictive covenants.

Topic

The U.S. Supreme Court's 1948 decision in Shelley v. Kraemer, which barred state courts from enforcing racially restrictive housing covenants, and the legal rationale the Court used to reach that result.

Framework

Highlight Noteworthy (with critique). The author concedes the outcome is "justly celebrated" but argues that the legal reasoning behind it is flawed.

Main Point

The Shelley outcome was right, but the Court's "attribution" rationale was problematic — it would have collapsed the line between state action and private action, courts have refused to follow it since, and worst of all it left untouched the real evil of racially restrictive covenants by treating the covenants themselves as legal. Most Valuable Sentence:

P1: Setting up the critique

Introduces Shelley, defines racially restrictive covenants, and notes the decision is rightly celebrated for ending their judicial enforcement. Pivot at the end: even so, the legal rationale is problematic.

P2: The Court's rationale

The Fourteenth Amendment applies to states, not private individuals. The covenants were private contracts, but the Court found state action in the act of judicial enforcement: Under this "attribution" logic, courts can enforce only those contractual provisions that could have been enacted as general law.

P3: Why the rationale collapses the state/private line

If applied consistently, the attribution rationale would force individuals to conform private agreements to constitutional standards anytime they wanted them enforceable — erasing the state-action/private-action distinction. The Supreme Court and lower courts have not followed it; they routinely enforce private contracts (e.g., settlement non-disclosure agreements) whose terms could not have been enacted as general law.

1.

The primary purpose of the passage is to

  1. Correct

    question the reasoning behind a

    Why this is right

    This definitely has the right Challenge Position vibes, and matches up wonderfully with our Most Valuable Sentence at the end of P1. To question something is to criticize it, to impugn it, to challenge it. Our author is saying the rationale is problematic, so she is challening/questioning the rationale. "The reasoning" = "the stated legal rationale" "behind a particular judicial decision" = for the Shelley decision.

    Skill tested: Primary Purpose · how this choice captures the passage's function is the move to repeat next time.

    92% picked this

  2. draw a distinction between private

    Too Narrow

    The author does indeed think there is a distinction between state-action and private-action, but that is just one tiny fact. It's part of the evidence for why the author thinks the Shelly rationale is problematic: - there IS a distinction between state / private - but Shelley's attribution rationale would "dissolve" it This answer doesn't even recognize that the main topic was the Shelley decision.

    2% picked this

  3. defend the way in which

    Opposite

    Scholars are not in this passage, but in regards to how courts have justified the decision, the author is critical of the Shelley rationale, not defending it. P1 calls the rationale "problematic," P3 says later courts haven't adopted it, and P4 calls part of it "noxious."

    2% picked this

  4. highlight the shortcomings of the

    Wrong Purpose

    The passage doesn't identify any defects in the Constitution at all. The main topic of the passage was Shelley, not the Constitution.

    3% picked this

  5. extend the rationale offered in

    Opposite

    P3 explicitly observes that "neither the Supreme Court nor lower courts later applied Shelley's approach" and that doing so would collapse the state/private distinction. The author finds the Shelley rationale problematic/noxious and would not want to extend it to other cases.

    2% picked this

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