Is Dick Cheney Unconstitutional?

Abstract

Twenty years ago I wouldn't have advised my worst enemy to take the Vice-Presidency. It was God's way of punishing bad campaigners, a sort of political purgatory for the also-rans. Now you'd be crazy not to take the job. Aide to President Ronald Reagan 2 Many a true word is spoken in jest, we're told. More surprisingly, sometimes the truth even emerges, unsought, from the mouths of politicians and their flacks. This may be the case with regard to recent claims by Vice President Dick Cheney's office that he is, properly speaking, a "legislative officer" rather than a member of the executive branch. 3 The consequences of this argument, however, may prove unpalatable to the Bush Administration on closer examination. Indeed, an activist Vice Presidency, in the Cheney model, might be considered unconstitutional if the Vice President is regarded as a legislative official. And, regardless of whether that characterization controls, there may be prudential reasons for keeping the Vice President at a greater remove from executive affairs than has recently been the case. The Cheney-as-legislator kerfuffle appeared as part of an interbranch struggle over the declassification of documents. Rep. Henry Waxman argued that Cheney was avoiding legally required scrutiny by the National Archives and Records Administration, while Cheney's office argued that

Scoundrel or Über-Lieutenant? The Vice Presidency of Dick Cheney

“…He is charged with being secretive, manipulative, and, perhaps most damning of all, exercising too much influence over the president. Some have gone so far as to suggest he acted in an unconstitutional or extra-constitutional manner (Reynolds 2007).…”

“…In June of 2007 he made the controversial statement that the OVP was exempt from the executive order governing the handling of such material because it was not part of the executive branch. Although Bush administration officials proceeded to claim the executive order did not apply to the OVP, the matter underscored his propensity to withhold information Duffy 2007b;Reynolds 2007). Cheney's "dark, secretive mind-set" can even be seen in the way in which he reacted to the accidental shooting of a fellow hunter in February of 2006.…”

“…In fact, several have suggested that some of Cheney's actions were criminal. One writer suggested that his refusal to turn over declassified documents was unconstitutional (Reynolds 2007). In 2007 Dennis Kucinich introduced a proposal in the House to impeach Cheney, charging he had manipulated intelligence prior to the invasion of Iraq (Abrams 2007).…”