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US History and Government - New York Regents January 2015 Exam

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Part I
Answer all questions in this part.
   Directions (1–50): For each statement or question, record on your separate answer sheet the number of the
word or expression that, of those given, best completes the statement or answers the question.

    Base your answers to questions 1 and 2 on the
graph below and on your knowledge of social studies.
1 Information on the graph most clearly supports
  the conclusion that the Erie Canal
  (1) slowed migration to the Midwest
  (2) replaced railroads as the main method of
  (3) improved transportation between the
      Hudson River and the Great Lakes
  (4) relied on the development of steamboats for
      canal use
Answer: 3

2 One major result of the completion of the Erie
  Canal was that
  (1) the population of Rochester fell
  (2) shipping on Lake Champlain decreased
  (3) manufacturing along the canal declined
  (4) New York City became the nation’s
      commercial center
Answer: 4

3 Which factor most influenced the economic
  development of the colonial South?
  (1) plentiful forests
  (2) warm and wet growing seasons
  (3) rich deposits of iron ore and coal
  (4) abundant water power for manufacturing
Answer: 2

    Base your answer to question 4 on the passage
below and on your knowledge of social studies.
   …The Jury withdrew, and in a small time
   returned, and being asked by the clerk, whether
   they were agreed of their verdict, and whether
   John Peter Zenger was guilty of printing and
   publishing the libels in the information
   mentioned? They answered by Thomas Hunt,
   their foreman, Not Guilty. Upon which there
   were three huzzas [cheers] in the hall which was
   crowded with people, and the next day I was
   discharged from my imprisonment.
                            — John Peter Zenger, 1734
 4 The court case discussed in this passage was
   important in the development of colonial
   America because it helped establish the principle
   (1) freedom of the press
   (2) double jeopardy
   (3) freedom of assembly
   (4) judicial independence
Answer: 1

5 The social contract theory as used in the
  Declaration of Independence was most directly
  influenced by the writings of
  (1) John Locke
  (2) Adam Smith
  (3) Voltaire
  (4) Benjamin Franklin
Answer: 1

6 Under the Articles of Confederation, the years
  between 1781 and 1787 are often referred to as
  the “critical period” because the
  (1) colonies were forced to pay high reparations
      to England
  (2) states were fighting the French and Indian
  (3) southern states threatened to secede from the
      Union over the issue of slavery
  (4) central government lacked the power to deal
      with major problems
Answer: 4

7 Which power regarding the federal judiciary was
  established in Marbury v. Madison?
  (1) The president appoints all federal judges.
  (2) The Congress creates lower federal courts.
  (3) Members of the federal courts serve life
  (4) Federal laws may be declared unconstitutional.
Answer: 4

8 Secretary of the Treasury Alexander Hamilton
  supported the creation of the Bank of the United
  States because it would
  (1) increase the power of state banks
  (2) raise revenue to reduce the need for tariffs
  (3) help ensure the economic stability of the new
  (4) provide low-cost loans to farmers
Answer: 3

9 President George Washington’s leadership during
  the Whiskey Rebellion (1794) was important
  because it
  (1) showed the ability of the new government to
      enforce federal law
  (2) helped assure his reelection to a third term
  (3) forced frontier farmers to limit grain
  (4) halted British fort construction in the
Answer: 1

10 What is a major result of the Supreme Court
   decisions in McCulloch v. Maryland (1819) and
   Gibbons v. Ogden (1824)?
   (1) Abuses of power by the president were
   (2) The powers of the federal government were
   (3) The powers of Congress over the territories
       were reduced.
   (4) Freedoms guaranteed in the Bill of Rights
       were restricted.
Answer: 2

    Base your answer to question 11 on the time line
below and on your knowledge of social studies.
1803 — Louisiana Purchase Treaty established western
       boundary of United States.
1818 — Convention with Britain established northern
       boundary of Louisiana Territory.
1819 — Adams-Onís Treaty granted Florida to United
1842 — Webster-Ashburton Treaty established MaineCanada border.
1846 — Treaty of Oregon established northern boundary
       of Oregon Territory.
11 The time line shows that the major way the
   United States gained territory in the early 19th
   century was through
   (1) war                   (3) executive orders
   (2) diplomacy             (4) arbitration
Answer: 2

12 In the 183os, President Andrew Jackson
   supported the Indian removal policy because
   (1) white settlers desired the land on which
       Native American Indians lived
   (2) Native American Indians were attacking
       southern cities
   (3) he wanted to punish Native American Indians
       for their political opposition
   (4) he sought complete control of Texas by the
       United States
Answer: 1

Base your answer to question 13 on the painting below and on your knowledge of social studies.
13 Which point of view is being conveyed by the artist?
   (1) praise for Manifest Destiny
   (2) opposition to the end of slavery
   (3) opposition to the purchase of Alaska
   (4) encouragement of industrial development
Answer: 1

    Base your answers to questions 14 and 15 on the
speakers’ statements below and on your knowledge of
social studies.
Speaker A: The right way to settle the question of
           slavery in the territories is to let the
           people who live there determine if their
           state is to be slave or free.
Speaker B: The Supreme Court’s decision in Dred
           Scott v. Sanford is exactly what this
           country needs. Perhaps now the
           abolitionists will stop their meddling.
Speaker C: Secession is unlawful and treasonous.
           Everything possible must be done to
           preserve the Union.
Speaker D: The rights of the states must be
           protected. The federal government is
           exceeding its authority.
14 The solution proposed by Speaker A is known as
   (1) nullification        (3) the spoils system
   (2) popular sovereignty (4) federal supremacy
Answer: 2

15 Which speaker most accurately represents the
   opinions of President Abraham Lincoln?
   (1) A                     (3) C
   (2) B                     (4) D
Answer: 3

16 Black Codes were established in the South
   immediately after the Civil War in an effort to
   (1) integrate freedmen into American society
   (2) enforce the Emancipation Proclamation
   (3) expand educational opportunities
   (4) limit the rights of newly freed African
Answer: 4

    Base your answers to questions 17 and 18 on the
speakers’ statements below and on your knowledge of
social studies.
Speaker A: The government should not interfere
           with business. The market will regulate
           itself over time. Successful businesses
           will remain, while inefficient ones will
           be eliminated.
Speaker B: The inequalities resulting from
           unregulated capitalism are too vast. The
           individual worker and consumer are at
           the mercy of business owners. The
           government must do something to
           protect the people.
Speaker C: Government should own and manage
           the principal manufacturing, transportation, and banking industries.
Speaker D: The workers should control the
           industries in which they work. Profits
           should be shared equally among them.
17 Which action by the federal government was a
   step toward the approach to business favored by
   Speaker B?
   (1) passage of the Transcontinental Railway Act
   (2) passage of the Sherman Antitrust Act
   (3) creation of the civil service system
   (4) decision by the Supreme Court in United
       States v. E. C. Knight Co.
Answer: 2

18 Which speaker is expressing a viewpoint that is
   most consistent with the principles of laissez-faire
   (1) A                      (3) C
   (2) B                      (4) D
Answer: 1

Base your answer to question 19 on the photographs below and on your knowledge of social studies.
19 This pair of photographs suggests that the major purpose of the Carlisle
   Indian School was to
   (1) train future leaders in tribal traditions
   (2) prepare children for life on the reservation
   (3) teach skills needed for working in factories
   (4) promote cultural assimilation
Answer: 4

20 A major cause of antagonism toward the “new
   immigrants” who came to the United States after
   1880 was the belief that they
   (1) were better educated than native-born
   (2) had a higher standard of living than most
   (3) adapted easily to American culture
   (4) competed with Americans for jobs as
       unskilled laborers
Answer: 4

21 Secretary of State John Hay sent his Open Door
   Notes (1899–1900) to world powers to
   (1) keep Chinese workers from coming to
   (2) secure a fair settlement in the RussoJapanese War
   (3) protect United States trading interests in
   (4) bring a peaceful end to the Boxer Rebellion
Answer: 3

22 “…We therefore formulate, and for ourselves
   adopt the following pledge, asking our sisters and
   brothers of a common danger and a common
   hope, to make common cause with us, in working
   its reasonable and helpful precepts [principles]
   into the practice of everyday life.
      I hereby solemnly promise, God helping me, to
   abstain from all distilled, fermented and malt
   liquors, including wine, beer and cider, and to
   employ all proper means to discourage the use of
   and traffic in the same.…”
         — National Woman’s Christian Temperance Union,
                                         1908 (adapted)
According to this passage, those who adopted this
pledge believed that
(1) religion had no place in national politics
(2) Congress should repeal Prohibition
(3) alcohol consumption was damaging to society
(4) only the government can solve social
Answer: 3

23 One major goal of the Progressive movement
   was to
   (1) balance the federal budget by decreasing
   (2) provide unemployment insurance to workers
   (3) limit direct citizen control over government
   (4) pass laws to help solve economic and social
Answer: 4

24 One foreign policy goal of President Theodore
   Roosevelt was to
   (1) create future states by annexing Pacific island
   (2) restrict European intervention in the
       Western Hemisphere
   (3) limit United States investment in Latin
   (4) encourage independence movements in
Answer: 2

25 W. E. B. Du Bois and Booker T. Washington most
   strongly disagreed over which issue?
   (1) the constitutionality of the Sherman Antitrust
   (2) the construction of the Panama Canal
   (3) methods to achieve racial equality
   (4) support for the Allies in World War I
Answer: 3

26 After World War I, senators who opposed United
   States participation in the League of Nations
   argued that American membership in the
   organization would
   (1) limit the power of the president
   (2) make trade with nonmember nations more
   (3) force the country to end traditional military
   (4) involve the nation in future world conflicts
Answer: 4

27 The Great Migration during World War I refers
   to the movement of
   (1) factory workers from the Northeast to the
       Sun Belt
   (2) communists deported to Russia as
       undesirable aliens
   (3) African Americans to northern cities to find
   (4) refugees fleeing from eastern Europe to the
       United States
Answer: 3

28 What was a major factor leading to the erosion of
   regional cultural differences in the 192os?
   (1) development of television
   (2) growing popularity of radio and motion
   (3) publication of novels by F. Scott Fitzgerald
       and Sinclair Lewis
   (4) expansion of air travel after Charles
       Lindbergh’s flight
Answer: 2

29 During the 192os, the trial of Sacco and Vanzetti,
   the Palmer raids, and the revival of the Ku Klux
   Klan demonstrate that
   (1) nativist sentiments were on the rise
   (2) cultural values were similar between urban
       and rural Americans
   (3) popular support for international involvement
       was increasing
   (4) public support for limiting immigration was
Answer: 1

30 A major difference between the philosophies of
   President Herbert Hoover and President
   Franklin D. Roosevelt in responding to the Great
   Depression is that Roosevelt
   (1) wanted to rely on private charities to provide
   (2) stressed the need for individual self-reliance
   (3) supported direct relief to people out of work
   (4) thought the government should not be
       involved in economic reform
Answer: 3

31 Which federal agency, created during the New
   Deal, was intended to prevent serious problems
   in the stock market?
   (1) Social Security Administration
   (2) Works Progress Administration
   (3) Agricultural Adjustment Administration
   (4) Securities and Exchange Commission
Answer: 4

Base your answers to questions 32 and 33 on the cartoon below and on your knowledge of social studies.
32 The main idea of this 1937 cartoon about
   President Franklin D. Roosevelt is that the
   president is
   (1) trying to increase the public’s respect for the
       Supreme Court
   (2) seeking the Supreme Court’s help against his
       political opponents
   (3) attempting to exercise too much influence
       over the Supreme Court
   (4) refusing to allow the Supreme Court to
       review legislation
Answer: 3

33 One outcome of the situation referred to in the
   cartoon was that
   (1) President Roosevelt decided not to seek
   (2) the Supreme Court ended most New Deal
   (3) President Roosevelt was impeached for abuse
       of his powers
   (4) Congress rejected President Roosevelt’s
       effort to pack the Supreme Court
Answer: 4

Base your answer to question 34 on the illustrations below and on your knowledge of social studies.
34 These illustrations were used during World War II to encourage women to
   (1) raise revenue by buying war bonds
   (2) conserve household products to support the war effort
   (3) donate food to help feed the Allied forces
   (4) support the war effort by working in defense industries
Answer: 2

35 After World War II, the legal basis for the
   criminal trials of German and Japanese wartime
   officials by the Allies was that these officials had
   (1) overthrown monarchies by force
   (2) violated nonaggression pacts
   (3) committed crimes against humanity
   (4) established communist police states
Answer: 3

36 The North Atlantic Treaty Organization (NATO)
   was formed in 1949 primarily to
   (1) provide for the mutual defense of the
       member nations
   (2) promote social and cultural exchanges
       between members
   (3) promote free trade between the United
       States and Asia
   (4) rebuild Western Europe’s war-ravaged
Answer: 1

    Base your answer to question 37 on the passage
below and on your knowledge of social studies.
   …It is hereby declared to be the policy of the
   President that there shall be equality of
   treatment and opportunity for all persons in the
   armed services without regard to race, color,
   religion or national origin. This policy shall be put
   into effect as rapidly as possible, having due
   regard to the time required to effectuate any
   necessary changes without impairing efficiency or
   morale. …
          — President Harry Truman, Executive Order 9981,
                                            July 26, 1948
37 According to the passage, the principal goal of
   President Truman in issuing this executive order
   was to
   (1) stop the military draft
   (2) end segregation in the armed forces
   (3) increase opportunities for women to serve in
   (4) ensure an adequate number of troops to fight
       in the Cold War
Answer: 2

38 “U.S. Sends Aid to Greece and Turkey”
   “China Falls to Red Communists”
   “Senator Joe McCarthy Claims Communists Infest
    U.S. Government”
   Which generalization regarding these headlines is
   most valid?
   (1) The Cold War affected United States
       domestic and foreign policy.
   (2) The Soviet Union assisted in the rebuilding of
       Japan after World War II.
   (3) The United States returned to a foreign
       policy of neutrality after World War II.
   (4) The United Nations led the effort to contain
Answer: 1

    Base your answers to questions 39 and 40 on the
interview below and on your knowledge of social
   …[Reporter Mike] WALLACE: All right, sir. A
   Federal District Court has already ruled that
   Little Rock [Arkansas] Central High School
   should be integrated. And the reasons for
   preventing integration now are anemic [weak].
   In view of your promise to the President [Dwight
   D. Eisenhower], will you respect this decision
   and give your okay to integration beginning
   tomorrow morning?
   …[Governor Orval] FAUBUS: I’ve previously
   given my okay to integration. The Guard was not
   called out to prevent integration, but to keep the
   peace and order of the community. And, of
   course, I disagree with your preliminary
   statement that we are in defiance of a Federal
   Court order, based upon the premise that the
   peace and good order of the community is
   paramount to all other issues. …
                 — Mike Wallace interview with Arkansas
              Governor Orval Faubus, September 15, 1957
39 The issue discussed in this interview grew out of
   an effort to enforce the Supreme Court decision in
   (1) Dred Scott v. Sanford
   (2) Plessy v. Ferguson
   (3) Brown v. Board of Education of Topeka
   (4) Heart of Atlanta Motel v. United States
Answer: 3

40 The confrontation between Governor Faubus
   and President Eisenhower referred to in this
   interview was ended by the
   (1) use of federal troops to protect African
       American students
   (2) passage of the Voting Rights Act by Congress
   (3) forced resignation of Governor Faubus
   (4) immediate desegregation of all Southern
Answer: 1

    Base your answer to question 41 on the
newspaper headlines below and on your knowledge
of social studies.
41 The crisis highlighted in these newspaper
   headlines was the
   (1) invasion of the Bay of Pigs in Cuba
   (2) election of Fidel Castro as president of Cuba
   (3) opposition of Cuba to the Alliance for
   (4) placement of nuclear missiles in Cuba by the
       Soviet Union
Answer: 4

42 Which development was a direct result of the
   baby boom that followed World War II?
   (1) decrease in school construction
   (2) increase in suburbanization
   (3) decline in crime rates
   (4) rise in immigration
Answer: 2

43 During the 196os and 197os, Cesar Chavez
   worked to unionize migrant farm workers by
   (1) seizing the land of the lettuce and grape
   (2) securing passage of federal legislation to limit
   (3) using nonviolent tactics such as boycotts and
       hunger strikes
   (4) urging growers to reduce the workforce
       through mechanization
Answer: 3

    Base your answer to question 44 on the letter
below and on your knowledge of social studies.
44 What advice about United States involvement in
   Vietnam is President Lyndon B. Johnson being
   given in this letter?
   (1) Escalation of the Vietnam War is necessary to
       stop communist expansion.
   (2) Increasing the United States military
       commitment to Vietnam would be a mistake.
   (3) Victory in the Vietnam War will be assured if
       the president continues his policies.
   (4) Military success in Vietnam is improving the
       president’s chances for reelection.
Answer: 2

    Base your answer to question 45 on the cartoon
below and on your knowledge of social studies.
45 The investigations that are the subject of this
   cartoon resulted in the
   (1) authorization of public financing of all federal
   (2) eventual resignation of President Richard
   (3) upholding of President Nixon’s right to
       executive privilege by the Supreme Court
   (4) issuance of pardons for presidential aides
Answer: 2

46 “Iran Starts Uranium Enrichment Program”
   “North Korea Conducts Underground Atomic Tests”
   “Pakistan Accused of Selling Atomic Secrets to
   These headlines are most closely related to
   United States national security concerns over the
   (1) proliferation of nuclear weapons
   (2) construction of nuclear power plants
   (3) effectiveness of the nuclear test ban treaty
   (4) enforcement of the Strategic Arms Limitation
Answer: 1

    Base your answer to question 47 on the passage
below and on your knowledge of social studies.
   …Capitalism, demonstrably the greatest of the
   constructed economic systems, has in the past
   decade clearly proved its advantages over the
   alternative systems. The information highway
   will magnify those advantages. It will allow those
   who produce goods to see, a lot more efficiently
   than ever before, what buyers want, and will
   allow potential consumers to buy those goods
   more efficiently. Adam Smith would be pleased.
   More important, consumers everywhere will
   enjoy the benefits.
                                    — Bill Gates, 1995
47 Which statement most accurately expresses the
   main idea of this passage?
   (1) Information technology will make it easier to
       buy and sell goods.
   (2) Information technology will make capitalism
   (3) Government must regulate the information
       technology industry.
   (4) The costs of information technology will
       outweigh its benefits.
Answer: 1

48 The terms containment, domino theory, and
   massive retaliation are most closely associated
   with United States foreign policy efforts to
   (1) maintain neutrality during World War I
   (2) avoid conflict with Germany and Japan in the
   (3) wage the Cold War in the 195os
   (4) increase trade with Latin America in the
Answer: 3

Base your answers to questions 49 and 50 on the graph below and on your knowledge of social studies.
49 Which conclusion is most clearly supported by
   information in the graph?
   (1) Immigration increased in every decade
       throughout the 190os.
   (2) Immigrants have a higher birth rate than
       native-born Americans.
   (3) Immigration is likely to decrease significantly
       in the future.
   (4) Immigration in the 199os was about the same
       as in the first decade of the 190os.
Answer: 4

50 The level of immigration shown on the graph for
   the 193os and 194os was mainly due to
   (1) the lack of free land in the United States
   (2) a worldwide economic crisis and warfare
   (3) nativist attacks on new immigrants
   (4) improved political conditions in Europe
Answer: 2

                                                   Part II
                                     THEMATIC ESSAY QUESTION
Directions: Write a well-organized essay that includes an introduction, several paragraphs addressing the task
            below, and a conclusion.
        Theme: Government (Congressional Legislation)
                 Throughout United States history, Congress has passed legislation to address
                 important social and economic issues. These laws have often had a significant
                 impact on the United States and/or on American society.
                 Select two pieces of legislation passed by the United States Congress and for each
                 • Describe the historical circumstances that led to the passage of the legislation
                 • Discuss the impact of the law on the United States and/or on American society
               You may use any congressional legislation that was intended to address an important
        issue. Some suggestions you might wish to consider include:
        Missouri Compromise (1820)            Wagner Act/National Labor Relations Act (1935)
        Fugitive Slave Act (1850)             Interstate Highway Act (1956)
        Homestead Act (1862)                  Civil Rights Act (1964)
        Meat Inspection Act (1906)            Title IX of the Education Amendments (1972)
        Federal Reserve Act (1913)            North American Free Trade Agreement (1992)
                                You are not limited to these suggestions.
View MODEL Answer in the Rating Guide from Regents Web Site

                                                Part III
                                 DOCUMENT-BASED QUESTION
    This question is based on the accompanying documents. The question is designed to test your
ability to work with historical documents. Some of these documents have been edited for the
purposes of this question. As you analyze the documents, take into account the source of each
document and any point of view that may be presented in the document. Keep in mind that the
language used in a document may reflect the historical context of the time in which it was written.
       Historical Context:
              During times of national crisis, United States presidents have made controversial
              decisions affecting civil liberties. Three such decisions were Abraham Lincoln’s
              suspension of habeas corpus, Franklin D. Roosevelt’s executive order to
              relocate Japanese Americans, and George W. Bush’s signing of the USA
              Patriot Act.
       Task: Using the information from the documents and your knowledge of United States
             history, answer the questions that follow each document in Part A. Your answers to
             the questions will help you write the Part B essay in which you will be asked to
                Choose two of the presidential decisions affecting civil liberties listed in the
                historical context and for each
                • Describe the historical circumstances that led to this decision
                • Discuss an argument of those in favor of and an argument of those opposed to
                   this presidential decision
View MODEL Answer in the Rating Guide from Regents Web Site

Part A
Short-Answer Questions
Directions: Analyze the documents and answer the short-answer questions that follow each document in the
            space provided.
2002 (adapted)
Document 1b
 …After a mob in Baltimore attacked the 6th Massachusetts Infantry as it passed through the city on its way
 to defend Washington in April 1861, other Confederate sympathizers in Maryland tore down telegraph
 wires and burned railroad bridges linking the capital to the outside world. In response, Lincoln suspended
 the writ of habeas corpus [protection against unlawful detention] between Philadelphia and Washington.
 Subsequent presidential orders expanded the areas where the writ was suspended until a proclamation of
 September 24, 1862, suspended it throughout the whole country—North as well as South—and for good
 measure authorized martial law and trials by military courts of “all Rebels and Insurgents, their aiders and
 abettors [supporters]. . . and all persons discouraging volunteer enlistments, resisting militia drafts, or guilty
 of any disloyal practice, affording aid and comfort to Rebels against the authority of the United States.” …
    Source: James M. McPherson, This Mighty Scourge: Perspectives on the Civil War, Oxford University Press, 2007 (adapted)
1 Based on these documents, what are two problems faced by President Abraham Lincoln in 1861? [2]
View MODEL Answer in the Rating Guide from Regents Web Site

Document 2a
    On May 16, 1863, the Democratic Committee of Albany, NY, adopted several resolutions denouncing
alleged abuses of the Constitution by President Abraham Lincoln. Document 2a is an excerpt from the
president’s letter responding to their criticism about the suspension of habeas corpus.
      …Ours is a case of rebellion—so called by the resolutions before me—in fact, a clear, flagrant,
      and gigantic case of rebellion; and the provision of the Constitution that “the privilege of the writ
      of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the
      public safety may require it,” is the provision which specially applies to our present case. …
               Source: President Abraham Lincoln, “The Truth from an Honest Man: The Letter of the President,” 1863
Document 2b
      …In Lincoln’s opinion, the framers of the Constitution had been wise to include a provision
      allowing for the suspension of the writ of habeas corpus, which was necessary to prevent “sudden
      and extensive uprisings against the government.” Lincoln explained to the Albany Democrats
      that Vallandigham’s [former Ohio Congressman Clement Vallandigham] arrest was not, as they
      mistakenly believed, premised on his criticism of the administration. The Democrats had
      charged the administration with arresting Vallandigham in an effort to silence him, and the Atlas
      and Argus had opined [expressed the opinion] that “[t]he arrest is a threat against every public
      man who refuses to advocate the extreme measures of the Abolition Cabinet”; but Lincoln
      declared that Vallandigham had been arrested for his avowed hostility to the Union’s war efforts,
      his laboring to prevent the raising of troops, and his encouragement of desertions from the army.
           Furthermore, Vallandigham’s efforts, aimed at damaging the army and leaving the Union
      without an adequate military force to suppress the rebellion, were intolerable to the
      administration and antithetical [opposed] to the Union’s attempt to preserve the nation. Lincoln
      explained that experience showed that armies could not be maintained unless those who
      deserted were punished by death. He believed that Vallandigham’s efforts to encourage
      desertions were equally detrimental to the nation and should likewise be punished by death.
      Then came the most-remembered passage of Lincoln’s reply: “Must I shoot a simple-minded
      soldier boy who deserts, while I must not touch a hair of a wily agitator who induces him to
      desert? … I think that in such a case, to silence the agitator, and save the boy, is not only
      constitutional, but, withal, a great mercy.” …
                    Source: Frank J. Williams, “When Albany Challenged the President,” New York Archives, Winter 2009
2 Based on these documents, what is one argument used to support the suspension of the writ of habeas
  corpus by President Lincoln? [1]
View MODEL Answer in the Rating Guide from Regents Web Site

Document 3a
       …The clause of the constitution, which authorizes the suspension of the privilege of the writ of
       habeas corpus, is in the 9th section of the first article. This article is devoted to the legislative
       department of the United States, and has not the slightest reference to the executive
       department. It begins by providing “that all legislative powers therein granted, shall be vested in
       a congress of the United States, which shall consist of a senate and house of representatives.”
       And after prescribing the manner in which these two branches of the legislative department shall
       be chosen, it proceeds to enumerate specifically the legislative powers which it thereby grants
       [and legislative powers which it expressly prohibits]; and at the conclusion of this specification,
       a clause is inserted giving congress “the power to make all laws which shall be necessary and
       proper for carrying into execution the foregoing powers, and all other powers vested by this
       constitution in the government of the United States, or in any department or office thereof.” …
                                       Source: Chief Justice Roger B. Taney, Ex Parte Merryman, May 1861 (adapted)
3a According to this document, why does Chief Justice Roger Taney think President Abraham Lincoln does
   not have the right to suspend habeas corpus? [1]
View MODEL Answer in the Rating Guide from Regents Web Site

Document 3b
      …These actions were contentious [controversial] at the time; the suspension of habeas corpus
      and the creation of military courts, if not the Emancipation Proclamation, remain controversial
      among historians today. Lincoln’s use of these war powers established precedents invoked by
      subsequent presidents in wartime. Whether they were constitutional or necessary in the 186os
      or in later wars remains a matter of dispute. In the Milligan case of 1866 the U.S. Supreme Court
      declared unconstitutional the trial of civilians by military courts in areas where the civil courts
      are open. And some of the Lincoln administration’s actions, such as the arrest of Maryland
      legislators and other officials in September 1861, seemed excessive and unjustified by any
      reasonable military necessity. …
     Source: James M. McPherson, Tried By War: Abraham Lincoln as Commander in Chief, Penguin Press, 2008 (adapted)
3b According to James McPherson, what is one argument used by those who opposed the suspension of
   habeas corpus by President Lincoln? [1]
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Document 4a
      Mr. Vice President, and Mr. Speaker, and Members of the Senate and House of Representatives:
      Yesterday, December 7, 1941—a date which will live in infamy—the United States of America
      was suddenly and deliberately attacked by naval and air forces of the Empire of Japan.
      The United States was at peace with that Nation and, at the solicitation of Japan, was still in
      conversation with its Government and its Emperor looking toward the maintenance of peace in
      the Pacific. …
      As Commander in Chief of the Army and Navy I have directed that all measures be taken for
      our defense.
      But always will our whole Nation remember the character of the onslaught against us. …
                                    Source: President Franklin D. Roosevelt, Address to Congress, December 8, 1941
Document 4b
      …The Army, however, justified evacuation on the grounds of military necessity. According to
      DeWitt’s [General John L. DeWitt, chief of the army’s Western Defense Command] report:
      “The continued presence of a large, unassimilated, tightly knit racial group, bound to an enemy
      nation by strong ties of race, culture, custom and religion along a frontier vulnerable to attack
      constituted a menace which had to be dealt with.” Even the absence of any overt act of sabotage
      caused suspicion, for it was taken as proof that plans had been carefully worked out and an
      “invisible deadline” was drawing near. Yet while the threat of Japanese forays [attacks] against
      the West Coast was not in fact removed until after the Battle of Midway in June 1942, and while
      the supposition that all Japanese-Americans were potential fifth columnists [spies] drew strength
      from a report on Pearl Harbor that erroneously ascribed [attributed] American losses to
      espionage, the Army’s decision to relocate all Japanese resulted as much from the clamor of
      pressure groups as from an appraisal of military risk. “There’s a tremendous volume of public
      opinion now developing against the Japanese of all classes,” DeWitt reported late in January. “As
      a matter of fact, it’s not being instigated or developed by people who are not thinking but by the
      best people of California.” …
          Source: Richard Polenberg, War and Society: The United States 1941–1945, J.B. Lippincott Company (adapted)
4 Based on these documents, state two circumstances that led to President Roosevelt’s decision to relocate
  Japanese Americans living on the West Coast of the United States. [2]
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Document 5a
    Their Best Way to Show Loyalty
 Japanese leaders in California who are
 counseling their people, both aliens and
 native-born, to co-operate with the Army
 in carrying out the evacuation plans are, in
 effect, offering the best possible way for all
 Japanese to demonstrate their loyalty to
 the United States.
 Many aliens and practically all the nativeborn have been protesting their allegiance
 to this Government. Although their
 removal to inland districts outside the
 military zones may inconvenience them
 somewhat, even work serious hardships
 upon some, they must certainly recognize
 the necessity of clearing the coastal
 combat areas of all possible fifth
 columnists and saboteurs. Inasmuch as the
 presence of enemy agents cannot be
 detected readily when these areas are
 thronged by Japanese the only course left
 is to remove all persons of that race for the
 duration of the war. …
 Real danger would exist for all Japanese if
 they remained in the combat area. The
 least act of sabotage might provoke angry
 reprisals that easily could balloon into
 bloody race riots.
 We must avoid any chance of that sort of
 thing. The most sensible, the most
 humane way to insure against it is to move
 the Japanese out of harm’s way and to
 make it as easy as possible for them to go
 and to remain away until the war is over.
Source: San Francisco News, editorial, March 6, 1942
5 Based on these documents, what was one argument of the San Francisco News to support the removal of
  the Japanese from the West Coast? [1]
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Document 6
   United States Supreme Court Justice Frank Murphy disagreed with the majority decision in Korematsu v.
United States. His dissent focused on the reasons the forced evacuation of Japanese Americans was
       …The main reasons relied upon by those responsible for the forced evacuation, therefore, do
       not prove a reasonable relation between the group characteristics of Japanese Americans and the
       dangers of invasion, sabotage and espionage. The reasons appear, instead, to be largely an
       accumulation of much of the misinformation, half-truths and insinuations that for years have
       been directed against Japanese Americans by people with racial and economic prejudices—the
       same people who have been among the foremost advocates of the evacuation. A military
       judgment based upon such racial and sociological considerations is not entitled to the great
       weight ordinarily given the judgments based upon strictly military considerations. Especially is
       this so when every charge relative to race, religion, culture, geographical location, and legal and
       economic status has been substantially discredited by independent studies made by experts in
       these matters. …
       I dissent, therefore, from this legalization of racism. Racial discrimination in any form and in any
       degree has no justifiable part whatever in our democratic way of life. It is unattractive in any
       setting, but it is utterly revolting among a free people who have embraced the principles set forth
       in the Constitution of the United States. All residents of this nation are kin in some way by blood
       or culture to a foreign land. Yet they are primarily and necessarily a part of the new and distinct
       civilization of the United States. They must, accordingly, be treated at all times as the heirs of
       the American experiment, and as entitled to all the rights and freedoms guaranteed by the
             Source: Justice Frank Murphy, Dissenting Opinion, Korematsu v. United States, December 18, 1944 (adapted)
 6 State one reason Supreme Court Justice Frank Murphy believed the forced evacuation of Japanese
   Americans was unconstitutional. [1]
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Document 7
      …On September 11th, enemies of freedom committed an act of war against our country.
      Americans have known wars, but for the past 136 years, they have been wars on foreign soil,
      except for one Sunday in 1941. Americans have known the casualties of war, but not at the center
      of a great city on a peaceful morning. Americans have known surprise attacks, but never before
      on thousands of civilians. All of this was brought upon us in a single day, and night fell on a
      different world, a world where freedom itself is under attack. …
           Tonight we face new and sudden national challenges. We will come together to improve air
      safety, to dramatically expand the number of air marshals on domestic flights and take new
      measures to prevent hijacking. We will come together to promote stability and keep our airlines
      flying, with direct assistance during this emergency.
           We will come together to give law enforcement the additional tools it needs to track down
      terror here at home. We will come together to strengthen our intelligence capabilities, to know
      the plans of terrorists before they act and find them before they strike. …
                    Source: President George W. Bush, Address Before Joint Session of Congress, September 20, 2001
7 Why did President George W. Bush call for a strengthening of law enforcement programs in 2001? [1]
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Document 8
           Congress passed the Patriot Act just weeks after the September 11 attacks by overwhelming
       margins in the House and Senate. In the House, the vote was 357 to 66; in the Senate 98 to 1.
           Many of the tools the Act provides to law enforcement to fight terrorism have been used for
       decades to fight organized crime and drug dealers, and have been reviewed and approved by the
       courts. The Patriot Act largely applies current law to the crimes of terrorism, including the use
       of chemical weapons, weapons of mass destruction, killing Americans abroad and financing
       terrorist activities.
           There have been reports in the media about the Patriot Act, and how it will affect our civil
       liberties. In many cases, there are grave misunderstandings about several provisions in the Act.
       After learning more about the Act, I hope Americans can separate myth from reality. …
           Since the Patriot Act was signed into law, federal investigators have disrupted terror cells in
       at least six American cities and the Department of Justice has charged over 300 persons in
       terrorism-related investigations. So far, more than half of those individuals have been convicted
       or pled guilty. …
           The government’s success in preventing another catastrophic attack on the American
       homeland since September 11th would have been much more difficult, if not impossible,
       without the Patriot Act.
                               Source: Congressman Lamar Smith, “The Patriot Act Protects Americans,” April 23, 2004
8a According to Congressman Lamar Smith, what was the purpose of the USA Patriot Act? [1]
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b In 2004, what was one reason Congressman Lamar Smith believed the USA Patriot Act had been
  successful? [1]
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Document 9a
     WASHINGTON, March 22 — Battle lines were drawn Tuesday in the debate over the
     government’s counterterrorism powers, as an unlikely coalition of liberal civil-rights advocates,
     conservative libertarians, gun-rights supporters and medical privacy advocates voiced their
     objections to crucial parts of the law that expanded those powers after the attacks of Sept. 11,
     Keeping the law intact “will do great and irreparable harm” to the Constitution by allowing the
     government to investigate people’s reading habits, search their homes without notice and pry
     into their personal lives, said Bob Barr, a former Republican congressman who is leading the
     Mr. Barr voted for the law, known as the USA Patriot Act, in the House just weeks after the Sept.
     11 attacks but has become one of its leading critics, a shift that reflects the growing unease
     among some conservative libertarians over the expansion of the government’s powers in fighting
     He joined with other conservatives as well as the American Civil Liberties Union on Tuesday in
     announcing the creation of the coalition, which hopes to curtail some of the law’s more sweeping
     law-enforcement provisions. …
     The coalition of liberals and conservatives said it had no quarrel with the majority of the
     expanded counterterrorism tools that the law provided, some of which amounted to modest
     upgrades in the government’s ability to use modern technology in wiretapping phone calls and
     the like.
     But the group said it would focus its efforts on urging Congress to scale back three provisions of
     the law that let federal agents conduct “sneak and peek” searches of a home or business without
     immediately notifying the subject of such searches; demand records from institutions like
     libraries and medical offices; and use a broad definition of terrorism in pursuing suspects. …
        Source: Eric Lichtblau, “Coalition Forms to Oppose Parts of Antiterrorism Law,” New York Times, March 23, 2005
9 Based on these documents, what are two reasons for opposition to the USA Patriot Act? [2]
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Part B
Directions: Write a well-organized essay that includes an introduction, several paragraphs, and a conclusion.
            Use evidence from at least four documents in your essay. Support your response with relevant facts,
            examples, and details. Include additional outside information.
         Historical Context:
                During times of national crisis, United States presidents have made controversial
                decisions affecting civil liberties. Three such decisions were Abraham Lincoln’s
                suspension of habeas corpus, Franklin D. Roosevelt’s executive order to
                relocate Japanese Americans, and George W. Bush’s signing of the USA
                Patriot Act.
         Task: Using the information from the documents and your knowledge of United States
               history, write an essay in which you
                  Choose two of the presidential decisions affecting civil liberties listed in the
                  historical context and for each
                  • Describe the historical circumstances that led to this decision
                  • Discuss an argument of those in favor of and an argument of those opposed to
                     this presidential decision
                In your essay, be sure to
                • Develop all aspects of the task
                • Incorporate information from at least four documents
                • Incorporate relevant outside information
                • Support the theme with relevant facts, examples, and details
                • Use a logical and clear plan of organization, including an introduction and a conclusion
                  that are beyond a restatement of the theme
View MODEL Answer in the Rating Guide from Regents Web Site

  Try the Quiz :     US History and Government - New York Regents January 2015 Exam

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