hard · LSAT Reading Comprehension

Passage A contends that legal interpretation should track the original public meaning of a constitutional text at the time of ratification, since only this fixed meaning constrains judges and prevents them from smuggling contemporary preferences into the law under the guise of interpretation. Passage B argues that original public meaning is frequently indeterminate on the questions modern courts must resolve, so that judges applying it inevitably supply the missing content themselves; Passage B concludes that appeals to original meaning function mainly to disguise, rather than eliminate, judicial discretion. Passage B grants that some constitutional provisions do have a determinate original meaning, yet maintains that this does not rescue original-meaning interpretation as a general constraint on judges.

Which one of the following most accurately characterizes the relationship between the two passages?

  1. Passage B accepts original meaning in some cases but denies this rescues Passage A's general constraint claim.
  2. Passage B denies constitutional text ever has an original public meaning, contradicting a premise Passage A assumes.
  3. Passage B argues original meaning, properly applied, constrains judges more tightly than Passage A itself claims.
  4. Passage B concedes Passage A's conclusion about constraint but says it operates through discretion, not fixed meaning.
  5. Passage B and Passage A agree discretion is unavoidable and disagree only about whether it is desirable.

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