Reading Comprehension

PT151 · S1 · P1 · Q2 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.

2.

An answer to which one of the following questions would be most relevant to determining whether an action can be classified a "state action", as the author uses that phrase in the fourth sentence of the second paragraph?

  1. What range of people can

    Not About Effects

    The effect of an action does not make it a state action. Both a stimulus check and a bouquet of flowers would have the same effect of "making me smile" if it came in the mail, but the former action is a state action (issued by the Treasury on behalf of the government) and latter action is an individual action carried out by my secret admirer.

    8% picked this

  2. Correct

    To what agent can performance

    Why this is right

    This answer is straining so hard to be weird, it's almost funny. Think about in common sense terms, what question you would ask if you were trying to figure out whether or not Action X was a state action. You'd probably ask, "I dunno ... was the action done by the state? Or was it done by someone / something else?" Pretty obvious, right? That's all this tortured answer is saying. "Was the action done by the state or someone else? To what agent can performance of the action be ascribed?" Can performance of the action be ascribed to the state? Or to someone / something else? If we would ascribe performance of an action to a state actor (a government body or official), then we'd call it a state action. If we'd ascribe performance of an action to someone else, we wouldn't.

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

    74% picked this

  3. What principle or principles can

    No Impact: Not About Principles

    What principles govern an action (in many cases) don't help us figure our whether an action was performed by the state or not. The principle "do not discriminate by age or race" could be embodied in a state action that sends out a mail-in ballot to every eligible voter, but it could also be embodied in a non-state action, such as a dance class that allows students of any age or race to sign up for it.

    14% picked this

  4. In what ways can the

    No Impact: Not About Effects

    The effect of an action does not distinguish whether it a state action or a private action. Both a stimulus check and a bouquet of flowers would have the same effect of "making me smile" if it came in the mail, but the former action is a state action (issued by the Treasury on behalf of the government) and latter action is an private action carried out by my dance instructor for really giving it my all last week at our recital.

    2% picked this

  5. What motivations can be attributed

    No Impact: Not About Motivations

    This overlaps too heavily with (C) to be correct, because principles and motivations can often be synonyms. What motives govern an action (in many cases) wouldn't help us figure our whether an action was performed by the state or not. The motivation "do not discriminate" could be embodied in a state action that sends out a mail-in ballot to every eligible voter, but it could also be embodied in a non-state action, such as a dance class that allows students of any age or race to sign up for it.

    1% picked this

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