Constitutional Conundrums or “What ifs”
Hypothetical Situation / ANSWERS / ANSWERS
1. Sasha Green wants to run for president. She is a 30 year old immigrant from Germany who has been in the United States for 21 years. Is this constitutional? / NO / To be eligible to be President,you must be:
-At least 35 years old
-A natural born citizen
-A permanent resident for at least 14 years
Article II Section 1
2. On a trip to Chicago to meet with community leaders, both President Humphrey and Vice President Madison are simultaneously assassinated. As the country mourns, Secretary of State Nate Benders prepares to be sworn in as the new President of the United States. Is this constitutional? / NO / Speaker of the House is next in line
Presidential Succession Act of 1947
3. In a surprising move, President Sherman travels to Iran and negotiates a treaty with President Mahmoud Ahmadinejad to stop their production of nuclear weapons. Upon his return to the US, President Sherman declares that this new treaty is now official, and represents a victory in maintaining security in the Middle East. Can he do this? / NO / The President...shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur...
Article II, Section 2
4. The Chief Justice DiCristina, of the Supreme Court, has just announced his retirement. President Green holds a press conference where he announces his new nominee for Chief Justice of the Supreme Court, Jeffrey Dominicki. Can he do this? / YES / The President of the United States (Executive branch) nominates members to the Judiciary branch of government,
Article II, Section 2
5. In the last election (November 7, 2006), California elected 3 Senators to represent them in the Senate. Is this constitutional? / NO / The Senate shall be composed of two Senators from each State.
Article I, section 3, clause 1
6. Congress declares war on North Korea. Is this constitutional? / YES / Congress shall have Power to declare War, Article I, Section 8,
7. During the last election, United States voters got to choose all 435 representatives for the House and a third of the senators for the Senate. Is this constitutional? / YES / Every two years all 435 members of the HoR and 1/3 memebers of the Senate are up for releaction.
Article I, section 2 & 3
8. Congress passes a bill requiring all United States citizens to have health insurance. The President vetoes it and the bill is sent back to Congress for a re-vote. In the re-vote, 59% of Congress agrees to override the Presidential veto…and the bill is now a law! Is this constitutional? / NO / A two-thirds, vote of the Members present is required to override a presidential veto.
[only 106 of 1,484 regular presidential vetoes were overridden by Congress.]
Article I, section 7
9. Massachusetts elects Mike McDougal to the House of Representatives for a four-year term and Jack Simpson to the Senate for an eight-year term. Is this constitutional? / NO / HoR is 2 year term
Senate is 6 year term
Article 1 Section 4
10. The House of Representatives votes to declare that laws making all citizens wear purple on Thursdays to be unconstitutional. Can they do this? / NO / The process by which the U.S. judicial branch declares a law unconstitutional is called judicial review.
Marbury vs. Madison (1803)
11. The Supreme Court votes to impeach the President for serious misconduct in the Middle East. Can they do this? / NO / the House of Representatives "shall have the sole Power of Impeachment"
Article I, section 2
12. A case comes before the Supreme Court about the gender gap in certain schools – often there is an unequal proportion of boys to girls at schools that focus on science and math (way more boys!). The Supreme Court proposes a law to make it illegal to have an unequal proportion of boys to girls and sends it to Congress for approval. Is this constitutional? / NO /

“All Legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”

Article I, Section 1
13. An amendment to the Constitution is proposed. The National Government must now ratify (approve) the amendment. Is this constitutional? / NO / A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 of 50 States).
Article V

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