Dick Cheney's staff have put forward the notion that the office of Vice President doesn't have to follow the laws or rules that apply to the Executive Branch on the grounds that it is not an "entity" in the Executive Branch. I think they're right, and I mean that sincerely. I've written about it in more detail here. However, that doesn't let Dick Cheney off the hook, far from it. In fact, it fundamentally changes the concept of Vice President, and removes it from the Executive Branch. (Sorry, Dick, the office in the White House and the Executive Office Building have to go, they're an unconstitutional blurring of the separation of powers.) Also, it means that Cheney should be spending a great deal more time actually performing his constitutional duty to preside over the Senate.
At present, the office of the President of the Senate is viewed as a largely ceremonial role in the Legislative Branch, while the office of the Vice President of the United States is viewed as a potentially important role in the Executive Branch. However, as I review in the link cited above, the Constitutution presents a diametrically opposite position: there is a clear and specific assignment to preside over the Senate. It is true that there is also a provision for a President pro tempore of the Senate, but the traditional practice where the President of the Senate rarely makes a floor appearance, and then only to open and close a session or to break a tie in favor of his party, is not in the Constitution. I believe that it is a great error of long standing that the hugely powerful position of President of the Senate is ignored and that instead, great emphasis is placed on the vice presidential role, which has no power at all. In fact, when the Vice President assumes presidential powers, he no longer is the Vice President, he is the President of the United States.
The Vice President is not, as Cheney's staff correctly stated, an entity in the Executive Branch. And therefore, it is unconstitutional for the Vice President to have access to an Executive Branch office, staff, or to have any position whatsoever in that branch. Furthermore, privileges granted to the chief executive are not available to members of the Legislative Branch. However, the President of the Senate is an entity in the Legislative Branch, and therefore the laws and rules that apply to other members of that branch apply equally to him or her, including all privileges.
I believe that focusing on an active President of the Senate, who, for reasons having to do with a relatively high probability of succession to the presidency is elected by all of the people, could greatly improve many aspects of our system. For example, the presidential elections would include two separate campaigns, one for President of the United States, the other for the President of the Senate. They wouldn't have to be from the same party or on the same ticket, and ideally, the candidates for the presidency of the Senate would not be chosen by the presidential candidates or even run with them except as an expression of party unity. After the election, the President would be inaugurated and would assume his or her duties leading the Executive Branch, and, when the Senate next convened, it would be under the gavel of a new President who would participate fully and lead that body.
Greg Shenaut