Which statement best explains the fallacy in the argument?

Taney is quick to assume that the writers of the US Constitution excluded African Americans born in the country from citizenship.
Taney unfairly appeals to human emotion by creating a sense of hopelessness for enslaved persons during the time of the case.
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.