Vice President: Executive or Legislative Branch?

[methomps]

The Blotter

Vice President Dick Cheney has asserted his office is not a part of the executive branch of the U.S. government, and therefore not bound by a presidential order governing the protection of classified information by government agencies, according to a new letter from Rep. Henry Waxman, D-Calif., to Cheney.

Bill Leonard, head of the government's Information Security Oversight Office (ISOO), told Waxman's staff that Cheney's office has refused to provide his staff with details regarding classified documents or submit to a routine inspection as required by presidential order, according to Waxman.

So, is the Office of the Vice President part of the executive branch or the legislative branch (or neither)? If part of the legislative branch, does this mean Cheney is not protected by executive privilege? If not covered by executive privilege, is there some other privilege that would protect him in the same way EP does?

 

[Gatorubet]

The Blotter



So, is the Office of the Vice President part of the executive branch or the legislative branch (or neither)? If part of the legislative branch, does this mean Cheney is not protected by executive privilege? If not covered by executive privilege, is there some other privilege that would protect him in the same way EP does?

U.S. Constitution - Article 2 Section 1
Article 2 - The Executive Branch

Section 1 - The President

The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice-President chosen for the same Term, be elected, as follows:


The nutjob is indeed part of the executive branch. Getting to cast a Senate vote in the event of a tie does not make his office legislative

 

[Mike80]

The VP is in the Executive Branch of our government.

However, some of the Vice President's duties, i.e. President of the Senate, can be seen by some to be Legislative in nature I guess....

As with everything, there is some room for interpretation here.....

 

[PlanetFrnd]

Was just reading about this in the Times and wanted to post something fresh, but it's already here...

NYTimes - Cheney

It amazes me that Cheney can try to get away with what he does and not be completely senile or crazy.

The Blotter



So, is the Office of the Vice President part of the executive branch or the legislative branch (or neither)? If part of the legislative branch, does this mean Cheney is not protected by executive privilege? If not covered by executive privilege, is there some other privilege that would protect him in the same way EP does?

If Cheney is suddenly giving up exectutive privilege, he would likely open himself up to all kinds of investigations for actual crimes.

U.S. Constitution - Article 2 Section 1
Article 2 - The Executive Branch

Section 1 - The President

The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice-President chosen for the same Term, be elected, as follows:


The nutjob is indeed part of the executive branch. Getting to cast a Senate vote in the event of a tie does not make his office legislative

Thank you for saving me the trouble, I was definitely on my way to looking this up. OF COURSE he is in the executive branch. Cheney (not that he hasn't been all along) is actually defying the Constitution of the United States.

You know, it's one thing to lie about stuff and then cover it up (); it may be another thing to try to make tons of random stuff confidential and then attempt to dissolve the oversight committee (ran by an appointee of the president's choosing, mind you)(); it may even be another thing to sign bills into laws and then instantly claim that the president does not have to follow that very law (); it may even be a completely different thing to still be compensated (richly) by the leading corporate benefactor of the Iraq war (); BUT once you start ignoring the Constitution - I draw the line.

The VP is in the Executive Branch of our government.

However, some of the Vice President's duties, i.e. President of the Senate, can be seen by some to be Legislative in nature I guess....

As with everything, there is some room for interpretation here.....

I don't know how this can be open to interpretation. This one is pretty simple - simple enough to be taught in 4th grade social studies, not some Con Law class at Harvard.

 

[Zurp]

I'm casting my vote as "both." He's part of the executive branch, but he also has some powers within the legislative branch, if I remember correctly.

 

[PlanetFrnd]

I'm casting my vote as "both." He's part of the executive branch, but he also has some powers within the legislative branch, if I remember correctly.

It's true that he has the deciding vote in the Senate, etc., etc., but that's part of the inherent checks and balances of the Constitution. That's not to say that he is part of that branch. See the post above.

 

[MrsB]

U.S. Constitution - Article 2 Section 1
Article 2 - The Executive Branch

Section 1 - The President

The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice-President chosen for the same Term, be elected, as follows:

There is no question he is part of the executive branch. The politicians are just like chamelions .

 

[AKAK]

I'm casting my vote as "both." He's part of the executive branch, but he also has some powers within the legislative branch, if I remember correctly.

Well... the President does too for that matter... I mean... the veto is as direct a "legislative" function as casting votes in ties in the Senate...

Why this assclown is doing anything more than attending state functions and funearls and shit, I don't know.

 

[Mike80]

[quote='BusNative;86979;2]
I don't know how this can be open to interpretation. This one is pretty simple - simple enough to be taught in 4th grade social studies, not some Con Law class at Harvard.[/quote]

You missed what I said.....I said he's in the executive branch per the Constitution. However he does have a singular ex-offico Legislative duty.

 

[PlanetFrnd]

You missed what I said.....I said he's in the executive branch per the Constitution. However he does have a singular ex-offico Legislative duty.

My reposnse was probably more fired-up than it needed to be (Cheney brings out the worst in me), but I was more focused on

As with everything, there is some room for interpretation here.....

with regards to Cheney's ability be regulated by the oversight committee. Sorry if I offended though.

 

[sandgk]

Actually I'm unsure about the interpretation here. There is no doubt in my mind that, on a purely technical basis Cheney could claim that he is fact not part of the Executive Branch. There is also no doubt in my mind that the wording of the constitution does not explicitly place the VP in the Executive Branch. The Executive is The President of the The United States. The Executive Branch is commonly taken to be the Cabinet level or similar senior appointments made by the President (with or without the need for Congressional approval). Notably, the VP was not appointed by the President - but effectively chosen by the Electoral College as part of the Democratic process.

Still - if the constitution wanted it that the VP was explicitly part of the Executive Branch it would have been simple to make such a clear distinction.

Although the VP normally (since Roosevelt) attends cabinet meetings he is not ipso facto a member of the Executive Branch. In fact for many years the VP was little more than a symbolic office (well, at least after Adams and his many votes in the Sentate were done). It is only in more recent days that the office of VP has been much more than the home of a forgotten man - whom many forget has his home in Admiralty House for a reason.

Although he is normally allowed to sit one seat lower than the President in recognition of his status as next in line, he is not a member of the Cabinet itself, rather he is an honored and informed attendee who is "Cabinet-level".

That said, given the deep involvement that Cheney has in the Affairs of State it might be a perfunctory exercise to demonstrate that he should be treated as if he is a member of the Executive Branch. But that does not make him one in actual fact.

Cheny is right on the technicalities, but wrong on the practical impact of the implementation of his office.

 

[Gatorubet]

Bush considers Cheney cabinet rank

President Bush's Cabinet

also we need to stop the government websites from spreading these lies...

Ben's Guide (3-5): Branches of Government -- Executive Branch

 

[Gatorubet]

Cheny is right on the technicalities, but wrong on the practical impact of the implementation of his office.

I don't know Sandgk, to be "right" would mean that VP is not an Executive Branch position, and I think that is wrong.......

as wrong as socks with crocs!

 

[PlanetFrnd]

I don't know Sandgk, to be "right" would mean that VP is not an Executive Branch position, and I think that is wrong.......

as wrong as socks with crocs!

 

[MililaniBuckeye]

There is no doubt in my mind that, on a purely technical basis Cheney could claim that he is fact not part of the Executive Branch. There is also no doubt in my mind that the wording of the constitution does not explicitly place the VP in the Executive Branch.
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Still - if the constitution wanted it that the VP was explicitly part of the Executive Branch it would have been simple to make such a clear distinction.

The Constitution doesn't explicitly place the VP in the Legislative Branch or Judicial Branch, either...

It's pretty clear to me that the VP is indeed a part of the Executive Branch.