#2 - Specific Reference, Must Be True

[Administrator]

Please post your questions below!

[tetsuya0129]

Hi Powerscore,

Upon my first look at the question stem, I had trouble really understanding its precise meaning, particularly the latter clause of the stem mentions "as the author uses....of the second paragraph." I understood this clause as suggesting the author's viewpoints on the concept of state action.

In the end, I still chose B because my initial interpretation of the clause misled me. Nevertheless, I remained confused about the clause. In my review, I tried to read the clause as suggesting the meaning of "state action" based on the fourth sentence of the 2nd paragraph. Since it points out "..uses that phrase in the fourth sentence....", I felt that I was not allowed to refer to other parts of the paragraph.

So I would really appreciate it if you would kindly help unlock my confusion! Thank you!

Best regards,

Leon

[Rachael Wilkenfeld]

You are on the right track, Leon.

The question is asking us how we would determine if something was a "state action" based on how the author is using that phrase in the passage. The key idea in the passage is that the court found that a private action became a state action when the state enforced it using its judicial power. That leads us to answer choice (B)---to determine if something is a state action, we need to know who is acting.

Hope that helps
Rachael

[lounalola]

I was in between B and C but ended up choosing B because I thought it was more relevant to the use in the passage. I understand that B is a better answer however it would be great if someone could help me completely rule out C.

[Adam Tyson]

Happy to help, lounalola! The passage differentiates state action and private action, and talks about the state being distinct from individuals. Thus, the issue of whether something is "state action" or not is a question of who did the action. Was it the state (the government, such as legislators, courts, law enforcement officers, etc.) or someone private (an individual citizen, a corporation, etc.)? The passage doesn't fully spell out that "state" means "government," although the authors of the test do expect test-takers to know that meaning of the word.

Answer C is about the governing idea behind the action, like the legal or moral code that was being followed by whoever did what they did. The passage isn't concerned with that issue, and that's not the problem with the Shelley decision that the author seeks to address. The problem is that they applied a rule that is meant to restrict governments to the actions of private entities. It's all about who created and enforced those covenants, not why they created them.