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Political Science
Date
Dec 6, 2023
Type
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Uploaded by PresidentJackalMaster674
FRQ AND RESPONSE—OPTION 3
On November 29, 1937, several individuals gathered at the headquarters of the Committee for
Industrial Organization (CIO) in Jersey City, New Jersey to initiate a recruitment drive and discuss
the National Labor Relations Act. Acting on the
orders of Mayor Frank Hague, police seized the
group's recruitment materials and refused to allow the meeting to take place. Hague argued that
he was enforcing a 1930 city ordinance that forbade gatherings of groups that advocated
obstruction of the government by unlawful means. Hague referred to CIO members as
"communists." Arguing that the ordinance violated the First Amendment protection of freedom
of assembly, the group filed suit against several city officials, including Hague. A District Court
and the United States Court of Appeals for the Third Circuit agreed and invalidated the
ordinance.
The Supreme Court concluded that the actions taken by police clearly violated the First
Amendment as it applied to the states. "Citizenship of the United States would be little better
than a name if it did not carry with it the right to discuss national legislation and the benefits,
advantages, and opportunities to accrue to citizens therefrom." Relying on the Court's previous
ruling in the
Slaughter House Cases, Justice Roberts wrote that freedom of assembly is "a
privilege inherent in citizenship of the United States" and that no "contrary view has ever been
voiced" by the Court.
Source: Oyez, Hague v. Committee for Industrial Organization (1939)
A.
Identify the constitutional provision that is common in both Hague v. Committee for Industrial
Organization (1939) and either McDonald v. Chicago (2010) or Gideon v. Wainwright (1963).
B.
Describe the conflict between state power and individual rights as it relates to Hague v.
Committee for Industrial Organization (1939).
C.
Explain how the case opinion in Hague v. Committee for Industrial Organization (1939)
compares with either Roe v. Wade (1973) or Gideon v. Wainwright (1963).
Sample student response:
A.
The rulings in Hague v. Committee for Industrial Organization (1939) and Roe v. Wade (1973)
were both based on selective incorporation as provided by the due process clause of the
Fourteenth Amendment.
B.
In Hague v. Committee for Industrial Organization (1939), the state didn't follow the rules.
C.
Hague v. Committee for Industrial Organization (1939) and Roe v. Wade (1973) are similar
because the rulings in both cases incorporated the right against compulsory self-incrimination
and the right to privacy, respectively, through the Fourteenth Amendment.
SCORING:
PART A--
This part is worth one point.
The response earned the point for
correctly identifying the constitutional clause that is common in both the Hague case and Roe v
Wade as selective incorporation as provided by the due processs clause of the 14th Amendment.
In Hague, the Supreme Court held that the First Amendment applied to the issue of the mayor
ending the assembly and in Roe v Wade the Court held that the Fourteenth Amendement
covered a women's right to privacy as defined for the abortion.
PART B--
This part is worth one point. The response did not earn a point. The
response offers a vague summarization that does not answer the question. The question asks for
a description of the conflict between state power and individual rights as related to the case,
and the student response is too vague and does not directly answer the prompt. To earn the
point, the student should have discussed the issue of the mayor violating the First Amendment
by banning an assembly and the court's response to this violation.
PART C--
This part is worth one point. The response earned one point for
comparing the two cases and their similarites which is the inclusion of the 14th Amendment in
the respective decisions made by the Court.
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