Reading Comprehension

PT151 · S1 · P1 · Q3 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.

3.

The author's attitude towards the reasoning offered in the U.S. Supreme Court’s decision in Shelley v. Kraemer is most accurately reflected in the author’s use of which one of the following phrases?

  1. “famously disallowed” (first sentence of

    Trap

    3% picked this

  2. “justly celebrated” (third sentence of

    Trap

    5% picked this

  3. “perfectly legal” (fifth sentence of

    Trap

    1% picked this

  4. “consistently applied” (second sentence of

    Trap

    1% picked this

  5. Correct

    “noxious aspect” (first sentence of

    Why this is right

    Passage Summary Topic The Supreme Court's legal reasoning in Shelley v. Kraemer. Framework Highlight Noteworthy with critique. Main Point The outcome was right, but the Court's "attribution" rationale was flawed — it would erase the state/private line, courts didn't follow it, and it missed the real problem: the covenants' content, not their enforcement. P1: Setup and pivot Introduces Shelley and the celebrated outcome, then flags that the legal rationale is problematic. P2: The attribution rationale Court found state action in judicial enforcement of private contracts; only contracts that could have been enacted as law are enforceable. P3: It collapses state/private and was abandoned Consistently applied, it would force private contracts to meet constitutional standards. Later courts haven't followed it. P4: The deepest flaw The rationale treats the covenants themselves as legal, missing that the real problem is the covenants' content.

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

    89% picked this

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