Question

Difficulty: Very hardExclusion Questions (EXCEPT/LEAST/NOT)

Read the following passage regarding American constitutional law.

The jurisprudential legacy of the 1873 *Slaughter-House Cases* has profoundly distorted American constitutional law, primarily through Justice Miller's narrow interpretation of the Fourteenth Amendment's Privileges or Immunities Clause. By artificially bifurcating citizenship into distinct state and national categories, Miller's majority opinion effectively neutered the clause, limiting its protection solely to a handful of esoteric national rights—such as the right to navigate interstate waterways and the right to protection on the high seas. Consequently, subsequent generations of jurists were forced to rely on the conceptually awkward doctrine of "substantive due process" to apply the Bill of Rights to the states, a workaround that has drawn criticism from across the ideological spectrum for lacking a firm textual anchor.

In recent decades, a vibrant revivalist movement has emerged among legal scholars, advocating for the overturning of *Slaughter-House* and the restoration of the Privileges or Immunities Clause to its intended function. These revivalists construct their case on several evidentiary pillars. First, they point to the exhaustive congressional debates of 1866, particularly the floor speeches of Representative John Bingham and Senator Jacob Howard, arguing that the legislative history explicitly proves the clause was designed to make the first eight amendments binding upon the states. Second, they highlight the immediate post-war context, asserting that the clause was a direct congressional response to the Southern "Black Codes" that sought to disarm and disenfranchise newly freed slaves—a historical reality they claim Miller deliberately ignored. Finally, revivalists expose the logical fragility of Miller's state-national citizenship dichotomy, noting that it renders the clause practically redundant, as the Constitution's Supremacy Clause already protected the few national rights Miller identified.

Despite this robust scholarly consensus, the Supreme Court has demonstrated a profound reluctance to resurrect the clause, driven by an institutional aversion to discarding a 150-year-old precedent and a fear that reinvigorating the clause might destabilize the current, albeit messy, due process framework.

Based on the passage, the modern revivalist movement relies on all of the following arguments or pieces of evidence to support their position EXCEPT:

  1. The argument that the Fourteenth Amendment was fundamentally designed to guarantee a narrow subset of national privileges, such as the right to navigate interstate waterways.Answer
  2. B
    The assertion that Justice Miller's bifurcated definition of citizenship deprived the Privileges or Immunities Clause of independent legal utility.
  3. C
    The historical reality that Congress drafted the clause as a deliberate countermeasure against oppressive state laws targeting recently emancipated individuals.
  4. D
    The verbatim floor speeches from key politicians during the 1866 congressional debates indicating a desire to apply the Bill of Rights to state governments.
  5. E
    The observation that the specific rights safeguarded under Justice Miller's interpretation were already secured by the Constitution's Supremacy Clause.

Answer

The correct answer is the option stating that the amendment was designed to guarantee a narrow subset of national privileges, such as the right to navigate interstate waterways.
The correct answer is the option stating that the Fourteenth Amendment was designed to guarantee a narrow subset of national privileges. This reflects Justice Miller's highly restrictive interpretation from the Slaughter-House Cases outlined in the first paragraph. The revivalist movement actively seeks to overturn this interpretation, arguing the exact opposite: that the clause was meant to broadly apply the Bill of Rights to the states. Therefore, this is a misattributed viewpoint and NOT an argument relied upon by the revivalists.

Step-by-Step Solution

1
Analyze the question stem for specific parameters.
Identify that the question asks for an argument or piece of evidence NOT utilized by the modern revivalist movement.
Recognizing the uppercase 'EXCEPT' keyword is crucial to avoid selecting a supported argument, which is a common trap in detail-oriented questions.
2
Scan the passage to locate the views attributed specifically to the 'revivalist movement'.
Locate the second paragraph, which explicitly lists the 'evidentiary pillars' upon which the revivalists construct their case.
This isolates the relevant textual evidence needed to evaluate the options, separating revivalist arguments from Justice Miller's arguments.
3
Evaluate each option against the located text using a process of elimination.
Four of the options perfectly align with the pillars mentioned in paragraph two: the 1866 congressional debates, the response to Black Codes, the redundancy of the clause, and the pre-existing protections of the Supremacy Clause.
Eliminating the explicitly supported statements leaves only the false or misattributed statement.
4
Identify the outlier that contains unsupported information or misattributed viewpoints.
The option regarding the protection of 'national privileges, such as the right to navigate interstate waterways' is identified as Justice Miller's narrow interpretation from the first paragraph, not a revivalist argument.
Distinguishing between the author's/Miller's views and the revivalists' views reveals the correct answer for an exclusion question.

Key Concept

Exclusion Questions (EXCEPT/LEAST/NOT)
Estimated Time:2m 30s
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