Reading Comprehension

PT151 · S1 · P1 · Q5 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.

5.

In the fourth sentence of the second paragraph, the author asks the question, "...where, then, was the state action that is necessary for invoking the Fourteenth Amendment, given that the restrictive covenants were private contracts?" primarily in order to

  1. demonstrate the conceptual incoherence of

    Opposite: distinction employed by Court

    The author's quote is definitely demonstrating the counterintuitive appeal to the 14th employed by the Court. But it's wrong to say that the Court was employing some distinction. As the beginning of the third paragraph says, the Court's logic in Shelley threatened to dissolve (remove) the distinction between state action and private action.

    29% picked this

  2. Correct

    highlight a potentially confusing issue

    Why this is right

    The author is definitely highlighting the potential confusion, since she's pointing out the counterintuitive notion of applying the 14th Amendment, which is only about state actors, to non-state actors like landlords and tenants. Is this issue central to understanding the Shelley decision? Yes! The Shelley Court "relied on the 14th Amendment".

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

    60% picked this

  3. suggest that the Shelley Court

    Out of Scope

    Out of Scope: didn't attend to facts Our author is never accusing the Court of messing up the facts of the case. She's only criticizing the "legal rationale", the "attribution logic".

    4% picked this

  4. cast suspicion on the motivations

    Out of Scope: impugning judges' motives

    The author never discusses the possible motives of the judges. We might infer from the final paragraph that these judges wanted to strike down restrictive covenants but weren't courageous enough to do so on moral grounds, so they found a bogus technicality way to argue it was unconstitutional. But the quote / paragraph we're looking at doesn't have anything to do with the possible motives of the judges.

    1% picked this

  5. challenge the presuppositions upon which

    Opposite

    Our author is not trying to challenge the 14th. She's trying to uphold the integrity of what it's about -- state actors, not non-state actors like landlords and tenants.

    6% picked this

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