Cross-posted at Clark Community Network.
According to a letter released Thursday by the House Committee on Oversight and Government Reform, Vice President Dick Cheney does not consider himself part of the Executive Branch under certain circumstances. This begs the question:
If our Founding Fathers created the United States government with three branches, and the Vice President is not part of the Executive Branch, to which of the other two branches does he belong?
Before we answer that, let’s determine what the Executive Branch is. And we’ll even handicap ourselves by using the White House definition.
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The Executive Branch
According to The White House:
"The power of the executive branch is vested in the President, who also serves as Commander in Chief of the Armed Forces. The President appoints the Cabinet and oversees the various agencies and departments of the federal government."
Hmmmmmmm...Cheney might have a point. Right there, in black and white, the Vice President clearly is NOT included in the definition of the Executive Branch. Vaguely though, the definition continues:
"To learn more about the Executive Branch please visit the President's Cabinet page on the White House web site."
I say "vague" because the page dedicated to Cabinet members does include Dick Cheney; however, it does not actually specify that the members are part of the Executive Branch. (Of course, you and I consider the Cabinet as part and parcel with the Executive, but remember, we're examining his perception of the Executive Branch.)
So, back to the original question:
To which of the other two branches does the Vice President belong?
The Judicial Branch?
According to The White House:
"It consists of the Supreme Court and the lower federal courts."
Unless Dick Cheney has been moonlighting unbeknownst to 300 million Americans, it’s safe to assume that he belongs to none of these courts. Therefore, he must not be part of the Judicial Branch.
The Legislative Branch, maybe?
Also, according to The White House:
"The legislative branch of the federal government consists of the Congress, which is divided into two chambers -- the Senate and the House of Representatives. Each member of Congress is elected by the people of his or her state."
Now, I suppose one could argue that as President of the Senate, the Vice President is part of the Senate. Also, he was elected by the people of his state, albeit not technically in a Senate election but in the presidential election. However, his inclusion in the Legislative Branch seems to be definitively undermined by the following, again from The White House:
"The House of Representatives, with membership based on state populations, has 435 seats, while the Senate, with two members from each state, has 100 seats."
Unless the seat of Senator Michael Enzi (WY) or Senator Thomas Craig (WY) has been deemed null and void, Dick Cheney’s inclusion would exceed the allotted number of two seats per state. Also, his inclusion would increase the total count of the Senate to 101 seats and his self-proclaimed inclusion in the body would require the exact opposite – his exclusion.
A fourth, unnamed, undefined, unchecked branch?
Quite possibly – in his own mind.
If Cheney’s office falls outside the other three branches, even at times, there is no other option. It must be part of its own branch. Oftentimes, Cheney seems to act with complete impunity from the other branches of the government. Claiming a fourth branch of his own would exclude him from all those pesky laws and bothersome oversight. And even more frightening, his new, fourth branch seems to wrest much of its power by assuming and undermining many of the responsibilities of the other three traditionally recognized branches:
Example 1:
A compelling case exists that Dick Cheney has had as much influence as anyone over our military, making him the quasi-Commander in Chief. In this example, if he is not part of the Executive Branch, then he must be usurping the power of the Executive.
Example 2:
According to The White House:
"The judicial branch hears cases that challenge or require interpretation of the legislation passed by Congress and signed by the President."
Cheney has done his fair share of challenging and interpreting laws – from war powers to prisoner treatment. With Cheney’s reported influence in regards to renditions and interrogations, we can safely conclude that he is infringing on matters outside the scope of the Executive Branch and squarely in the territory of the courts.
Example 3:
One of the foremost responsibilities of the Legislative Branch is to write and pass laws. Through presidential signing statements, The White House, in essence, has rewritten laws that Congress passed. One can assume, considering Cheney’s influence that he has been the/a driving force behind these signing statements.
So what we have is a Vice President who self-admittedly falls outside the three branches of federal government, which have been recognized for more than 200 years as the only branches of government. This is remarkable. Ranking among the most infamous wrongheaded political tactics in a history of boneheads, liars and thieves, it's not just un-American, it's anti-American. It's a hostile maneuver against the very underpinnings of our federal government.
I suppose this shouldn’t surprise anyone. In his admission, Cheney is merely reframing his own previous claims that The White House has needed to assume a great deal more control over the operations of our government. This is the application of the theory of Unitary Executive, no? That it is unanswerable to other segments of government?
Still, for some reason, I’m shaken by its implications and his brazen admission.
Perhaps the most disturbing possibility of all is if Cheney decides he will assume one more responsibility from the Judicial Branch:
"Appointees ... serve for life or until they voluntarily resign or retire."