Article II, Section 1

[LSK]

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:

http://www.archives.gov/national-archives-experience/charters/constitution_transcript.html

[bryant69]

1. See you live in the reality based community

Vice President Cheney hasn't even visited the reality based community in years, so you have to expect a bit of translation problems.

Bryant
Check it out --> http://politicalcomment.blogspot.com

[Fridays Child]

9. Damn.

We reality-based communitarians get fooled every time. x(

[malaise]

2. Not in Cheney speak

Impeach the bastard.

[RB TexLa]

3. Constitutional language strikes again

Actually it just says that Vice President is chosen at the same time and serves the same term with him.

[BattyDem]

4. I posted that yesterday and was told ...

that it doesn't actually say the VP is part of the Executive Branch. It just says he's elected to a term of four years and explains the process by which the pres and VP are elected.

However, in the Constitution:

Article I defines the Legislative Branch

Article II defines the Executive Branch

Article III defines the Judicial Branch


If the office of the Vice-President was not part of the Executive Branch, why include it in Article II? Sure, the Vice-President is mentioned in Article I and the argument can certainly be made that the office is part of both branches, but how can the argument be made that it's not part of the Executive Branch at all?

In any case, the WH web site disagrees with Cheney. It says says Vice-President is part of the Cabinet, which makes it part of the Executive Branch.

President Bush's Cabinet

The tradition of the Cabinet dates back to the beginnings of the Presidency itself. One of the principal purposes of the Cabinet (drawn from Article II, Section 2 of the Constitution) is to advise the President on any subject he may require relating to the duties of their respective offices.

The Cabinet includes the Vice President and the heads of 15 executive departments.

http://www.whitehouse.gov/government/cabinet.html


Scroll down the page and you''ll even see a picture of one of the Cabinet Rank Members: The Vice President, Richard B. Cheney.

[RobertSeattle]

5. If we could just do a Drudge...

BREAKING -

WHITE HOUSE DOES NOT KNOW WHICH BRANCH OF GOVERNMENT VICE PRESIDENT FALLS UNDER

MUST CREDIT DU!

[underpants]

6. Dick is the kick-stand of the American government

:bounce:

[TahitiNut]

7. More disturbing to me, I think he's quibbling over the term "agency" ...

... based on the fact that he's the one wielding the power and Smirk acts, in effect, as his agent.

Clearly, however, the law comprehensively includes agencies, departments, bureaus, and offices. The sneering sonofabitch is beyond arrogant.

[RB TexLa]

8. Constitutionally the Vice-President is only given two things

Preside over the Senate, assume the office of President (a V-P is the only person who actually becomes President, anyone else becomes Acting President.)

Anything else a Vice President does as a government official is based on the President delegating his executive authority to do so, of course making those actions actions of the executive branch. It's pretty easy to determine, you look and see if he was acting as a government official outside of becoming President or presiding over the senate and see who's authority he was acting on, if the Congress didn't ask him to do so then he is operating by authority of the executive branch.

[LSK]

10. damn those pesky laws:

Sec. 11. Vice Presidential Records.

(a) Pursuant to section 2207 of title 44 of the United States Code, the Presidential Records Act applies to the executive records of the Vice President. Subject to subsections (b) and (c), this order shall also apply with respect to any such records that are subject to any constitutionally based privilege that the former Vice President may be entitled to invoke, but in the administration of this order with respect to such records, references in this order to a former President shall be deemed also to be references to the relevant former Vice President.

(b) Subsection (a) shall not be deemed to authorize a Vice President or former Vice President to invoke any constitutional privilege of a President or former President except as authorized by that President or former President.

(c) Nothing in this section shall be construed to grant, limit, or otherwise affect any privilege of a President, Vice President, former President, or former Vice President.