Wednesday, February 11, 2009

A Feeble Attempt

I have had a few people ask me why I think multiple choice portion of the bar exam will be harder than the essays. My response would be that the essays generally test issue spotting, and fairly broad recitations of the law. Contrast this with the fact that the MBE tests intricate knowledge and dexterity of very specific rules and their exceptions. To illustrate, I have thought up an example which I think may properly expose this dynamic.

Consider the following question I dreamed up.

Yesterday morning, a very serious carbon monoxide leak occurred at the White House. Due to this leak, the President and the Vice President were incapacitated and remain incapacitated. The Secretary of State is currently in Maine, and the President pro tempore of the Senate is on a public relations tour in Niagara Falls, Canada. The Speaker of the House of Representatives, a natural born citizen of Mexico, is currently traveling overseas in Taiwan and will not be back in country for at least another 24 hours.

Assuming these facts, and no changes to the current Presidential Succession Act, who should act as President?

A. The President pro tempore of the Senate, because she is the next eligible official in succession.


B. The Secretary of State, as long as she is in the country and the Secretary of the Treasury is unavailable.


C. The Speaker of the House, provided that it does not matter where she is located.


D. None of these officials. The Presidential Succession Act only applies when the President dies or is removed from office.

While the answer is not important to establish my point, this site lacks interactivity. Therefore, enter your answer and check back soon for the results.

3 comments:

  1. My Answer is E. None of the Above.

    Clearly this situation is the result of the Obama administration's complete failure to ensure that an appropriate amount of senior political officials are present in Washington to oversee the dramatic, wanton and irresponsible socialization of the federal government.

    As a result of his failure not only should Obama and all senior Democrats resign and offer their 2009 congressional salaries to be distributed as a one time payment to Foxnews.com, but the role of President should be granted to none other than Glenn Beck with the esteemed Robert Fisco serving as his VP. :>

    ReplyDelete
  2. Good luck on the Bar Mike!!!!!!

    ReplyDelete
  3. Sorry man, I missed these comments until today. Thanks for the luck and keep the Colt cold for the draft.

    ReplyDelete