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TheSequitur.com Editorial Board
June 25, 2007

Once more, Vice President Dick Cheney has shot wildly off the mark.

Last week, his office again refused to cooperate with the National Archives' Information Security Oversight Office. The office was formed by executive order to make sure government takes proper care of classified information - a task in which Cheney’s office seems to need tutoring.

Dick Cheney by Andy Marlette
Cartoon by Andy Marlette/Andy Marlette.com
But according to Cheney’s office: So what? The vice president isn’t part of the executive branch anyway, he or she doesn’t have to follow executive orders. (That is not a typo.)

In fact, Rep. Henry Waxman (D – Calif.) reports Cheney’s office has not only refused to cooperate with the executive branch audit for the last four years, but he also attempted to shut down the entity to avoid disclosing what classified information his office possessed.

Cheney’s excuse? (This is rich.) Since the vice president also is president of the Senate, he or she is not truly an “entity” in the executive branch, and thus, not subject to terms of the executive order.

So, the vice president is not part of the executive branch? Any nincompoop who has seen “I’m Just a Bill” or “Three Ring Government” on Schoolhouse Rock! can see that something is amiss. (Perhaps the better analogy is to “No More Kings.”)

While Cheney constitutionally holds a formal title in the legislative branch, construing his Senate post as the implied creation of an ultra-constitutional, independent vice presidential office distinct from all other branches of government is balderdash.

Is the president, when vetoing legislation, acting in a non-executive capacity? Of course not.  

Does the chief justice of the Supreme Court’s role in impeachment hearings create a shadow office distinct from the judiciary? Again, no.

Naturally, the vice president has a very nice seat in the Senate chamber, but all he or she really does is cast a tie-breaking vote.

And, if we’re wrong, we should probably print up some new civics textbooks because we’ve got a new government on our hands.Cheney’s snake oil pitch, the latest of his dubious constitutional claims, also stands in stark contrast to the White House’s past invocation of “executive privilege” on behalf of Cheney when his Energy Task Force was under scrutiny. Exactly three years ago, the U.S. Supreme Court protected the records and details of Cheney’s task force from public disclosure because of the so-called privilege.

Such previous claims – as well as any sensible, mainstream interpretation of the U.S. Constitution – lead a reasonable person to believe that the vice president is, in fact, a veritable member of the executive branch.   

And, if we’re wrong, we should probably print up some new civics textbooks because we’ve got a new government on our hands.
[CNN, MiamiHerald, SeattleTimes]


Senior Editor Jared Leone and Member-at-Large Vish Mehta did not participate in this editorial. Dwayne Robinson abstains from all staff editorials.

 

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