Question

developing a counterclaim
which statement best explains the fallacy in the argument?
they perfectly understood the meaning of the language they used, and how it would be understood by others; and they knew that it would not in any part of the civilized world be supposed to embrace the negro race, which, by common consent, had been excluded from civilized governments and the family of nations, and doomed to slavery.
—dred scott v. sandford,
supreme court of the united states
taney is quick to assume that the writers of the us constitution excluded african americans born in the country from citizenship.
because the constitution does not explicitly exclude african americans from citizenship, taney is begging the claim.
the men who wrote the constitution made a mistake in not writing about the position of enslaved people within the nation.
taney unfairly appeals to human emotion by creating a sense of hopelessness for enslaved persons during the time of the case.

Explanation:

The argument in the text from Dred Scott v. Sandford makes a fallacy. Taney assumes that the writers of the US Constitution excluded African Americans born in the country from citizenship. This is an assumption without proper evidence. The other options have issues: the claim about the Constitution not explicitly excluding African Americans from citizenship being a "begging the claim" is not as directly relevant as the assumption made. Saying the writers made a mistake is a value - judgment and not a clear fallacy identification. And the appeal to emotion about hopelessness is not the main fallacy here. The main problem is the unfounded assumption.

Answer:

Taney is quick to assume that the writers of the US Constitution excluded African Americans born in the country from citizenship.