Reading ComprehensionDifficulty: Medium

PT151 S1 P1 Q2 ExplanationThe Shelley Court

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TopicsMeaning in ContextLaw

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Passage

The United States Supreme Court’s 1948 ruling in Shelley v. Kraemer famously disallowed state courts from enforcing racially restrictive covenants. Such covenants are, in essence, private legal obligations included in the deed to a property requiring that only members of a certain race be allowed to occupy the property. Because it prohibited are unjust, the stated legal rationale for the Shelley decision has nevertheless proven to be problematic.

The Shelley Court relied on the Fourteenth Amendment to the U.S. Constitution, which grants equal protection under the law to all U.S. citizens. This amendment had long been held to apply to state actors but not individuals. Shelley did not purport to alter this. But where, then, was the state action that property, it followed from Shelley’s analysis that judicial enforcement of racially restrictive covenants also was unconstitutional.

Shelley’s attribution logic threatened to dissolve the distinction between state action, to which Fourteenth Amendment limitations apply, and private action, which falls outside of the Fourteenth Amendment’s purview. After all, Shelley’s approach, consistently applied, would require individuals to conform their private agreements to constitutional standards whenever, as is almost always the case, fact that statutory limitations on the identical speech would represent an unconstitutional violation of free speech.

Additionally, there is a particularly noxious aspect of the Shelley Court’s analytics—namely, the Court’s conclusion that racially restrictive covenants themselves were perfectly legal. The legal rationale behind the Shelley decision thus failed to target the genuine problem with racially the covenants’ enforcement but their substantive content.

What this question is testing

Meaning in Context

Topic

The author is looking at a famous civil-rights ruling, agreeing the outcome was good, but saying the legal reasoning the Court used to get there was actually quite shaky.

Framework

Highlight Noteworthy with a critique. The author isn't fighting an opponent — they're carefully unpacking why the celebrated reasoning has problems.

Main Point

Here's the simpler version: in Shelley v. Kraemer, the Supreme Court banned courts from enforcing racially restrictive housing covenants. Great outcome — but the Court's legal reasoning to get there was wobbly. It would, if taken seriously, blur the line between government action and private action; courts after Shelley haven't actually used it; and worst of all it implicitly said the covenants themselves were fine. The real problem with the covenants wasn't that courts enforced them — it was that they existed at all.

P1: Good outcome, troubled reasoning

Introduces the case and confirms that Shelley's outcome is "justly celebrated." Then the author pivots: even so, the legal rationale is problematic.

P2: How the Court reasoned

The Fourteenth Amendment normally restricts the government, not private individuals. But these covenants were private contracts. The Court's move was to say: when a court enforces a private contract, that counts as the state acting. So courts can enforce only contracts whose contents could have been passed as a law. Since a law banning a race from buying property would be unconstitutional, enforcing such a covenant would be too.

P3: Where that logic falls apart

If you actually applied that logic everywhere, you'd be forcing every private contract to look like a constitutional statute — that effectively erases the state/private distinction. Unsurprisingly, courts since Shelley haven't actually followed the logic. They routinely enforce private agreements (like settlement non-disclosures) whose contents could never be passed as a law.

Reading along? Open the full official question in LawHub — we show a fragment here and keep the reasoning in our own words.

The question
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

Answer choices, explained

  1. Not About Effects8% picked this

    What range of people can the action be expected

    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.

  2. Correct74% picked this

    To what agent can performance of the action

    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.

  3. No Impact: Not About Principles14% picked this

    What principle or principles can be said to govern

    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.

  4. No Impact: Not About Effects3% picked this

    In what ways can the action be expected to

    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.

  5. No Impact: Not About Motivations1% picked this

    What motivations can be attributed to those performing

    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.

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