Which statement best describes the fallacy in this
passage?
Read the passage from the opinion of the court in Dred
Scott v Sandford, written by Justice Taney
The question before us is, whether the class of persons
described in the plea in abatement compose a portion of
this people, and are constituent members of this
sovereignty? We think they are not, and that they are not
included, and were not intended to be included, under the
word "citizens" in the Constitution, and can therefore claim
none of the rights and privileges which that instrument
provides for and secures to citizens of the United States
On the contrary, they were at that time considered as a
subordinate and inferior class of beings, who had been
subjugated by the dominant race, and, whether
emancipated or not, yet remained subject to their authority,
and had no rights or privileges but such as those who held
the power and the Government might choose to grant
them
Which statement best describes the fallacy in this passage?

1.Justice Taney assumes that the writers of the
Constitution would agree with him about citizenship

2.Justice Taney uses the argument that African Americans
are not citizens to prove that they are not citizens

3.Justice Taney assumes that the other justices on the court would agree with him about citizenship

4.Justice Taney uses the argument that Dred Scott is anenslaved person to prove that he is not a citizen