Prometheus 6

If the NY Times paid him to write this, they should be ashamed. Ghod only knows why I'm taking it seriously...

THE presidential campaign has taken a detour into a dispute over the constitutional status of the vice presidency. It all started when Sarah Palin asserted in her debate with Joe Biden that the vice president should play an important role in the legislative branch.

Have YOU seen anyone do anything but laugh at her or sulk over her over the topic until Instapundit warmed it over? Have you seen either party address her assertion since shemade it?

No?

The campaign has not "taken a detour." Instapundit here is trying to run it off the road.

The rest of this post is an intellectual exercise...you may skip it if you like.

But if the vice president is a legislative official, then the exercise of executive power by the vice president raises important constitutional questions related to the separation of powers. The Supreme Court has held on more than one occasion that legislative officials cannot exercise executive power.

Which would mean every action Cheney took was unconstitutional, up to and including shooting his friend in the face.

The Court would likely dub this a “political question” that is beyond its purview, but Congress is empowered to remedy this sort of thing by legislation.

The Congress cannot interfere with the way the Executive Branch operates. Congress may be empowered to deal with this sort of this, but not this specific thing.

Sorry, but even Cheney didn't try to exercise legislative power. If his power-hungry arse didn't try it, it can only be because it's impossible.

The power of the President of the Senate to "preside" is set by rule, not law. Trust me, try this nonsense and the President of the Senate's power will be proscribed by rule when exercised by the Vice President of the United States...and that is well within the power of the Senate.