Constitutional Law Final Exam
President Edward Underhill is a lonely individual concerned that the public will learn secrets from his past. He spends his evenings reading articles about the Unitary Executive and his days parroting parts of what he has read to those who surround him.
Question No. 1: Law enforcement discovers credible evidence that President Underhill murdered someone long before he assumed the Office of the Presidency. Can President Underhill be indicted and tried for murder while occupying the Office?
Question No. 2: President Underhill loathes everyone who does not applaud every decision he makes. He fears everyone who does not profess absolute loyalty to him at all times. As criticism of his administration mounts, President Underhill credibly tells members of his administration that he is considering bombing a city primarily comprised of individuals he does not deem to be “his people.” Can President Underhill be indicted and tried for a crime related to this threat while in Office?
Question No. 3: President Underhill follows through on the threat described in Question No. 2. Can President Underhill be indicted and tried for a crime related to this act while in Office?
Question No. 4: Because a number of people who did not take this class answered Question Nos. 1-3 as “No,” President Underhill credibly threatens to bomb an entire state. Can President Underhill be indicted and tried for a crime related to this threat while in Office?
Question No. 5: Following the threat described in Question No. 4, the U.S. House of Representatives impeaches President Underhill. When the Senate debates the process by which the trial will occur, the President carries out his latest threat. Can President Underhill be indicted and tried for a crime related to this act while in Office?
A Bonus Question (of sorts): Following the actions described in Question Nos. 1-5, the President’s personal counsel and the White House counsel finally resign from their positions. President Underhill and those who remain in his administration seek to hire new counsel. For all students who answered Question Nos. 1-5 in the negative, presuming you manage to obtain your law degree, please explain whether you would or would not accept a position as counsel for the President or the White House if offered the opportunity.Kevin Finnerty earned his MFA from Columbia College Chicago and his J.D. from Northwestern University School of Law. His stories have appeared in Me First, Newfound, Portage Magazine, The Westchester Review, and other publications.