Vice-President Claims Immunity to Restrictions Placed on Executive Branch

[Starfury]

Well, isn't that special? From ACSBlog:

Under federal law, the the names of Executive branch officers are http://www.tpmmuckraker.com/archives/002427.php">disclosed and published a directory known as the "Plum Book." Similarly, an Executive Order requires all federal officers with the power to classify documents to http://www.dailykos.com/storyonly/2007/2/10/181814/730">provide a yearly accounting for all documents so classified. Nevertheless, the Office of the Vice-President has claimed immunity from both of these requirements, resting on a claim that http://www.gpoaccess.gov/plumbook/2004/p226_appendix5.pdf">the Vice-President is not part of the Executive branch:

The Vice Presidency is a unique office that is neither a part of the executive branch nor a part of the legislative branch, but is attached by the Constitution to the latter. The Vice Presidency performs functions in both the legislative branch (see article I, section 3 of the Constitution) and in the executive branch (see article II, and amendments XII and XXV, of the Constitution, and section 106 of title 3 of the United States Code).

http://www.acsblog.org/separation-of-powers-vicepresident-claims-immunity-to-restrictions-placed-on-executive-branch.html

Used to be we only had the Executive, Legislative, and Judicial branches. Now we apparently have the Cheney branch as well. :crazy:

[orpupilofnature57]

1. That's what happens when " Go fuck yourself " is an acceptable answer.

ShrubCo is used to people rolling out of their way ,for the last 6 yrs.

[NinetySix]

2. Sorry, Mr. Cheney, but I believe you ARE in the Executive Branch...

Given that the role of the VP is enumerated in Article II (the Article which details the function of the Executive Branch), your position pretty clearly falls therein.

Yeah, you have some legislative function. No shit. All three branches perform some function external to their primary role, as when the Legislative Branch proceeds with IMPEACHMENT, which is not a legislative function.

I realize that you'd LIKE to consider yourself outside the three branches of Government in order to be unrestrained, but We The People really did want someone to protect and defend the Constitution of the United States of America ... preferably someone who doesn't seek to change and re-interpret its contents; you know, someone who actually fucking knows a little bit about it.

We were looking for a Strict Constructionist in that regard.

[Starfury]

5. Now, now, the Constitution is just a GD piece of paper....just ask shrub

BTW, nice quote, hadn't seen it before. Thanks!

[zeemike]

7. You are right on...But will that stop them?

I think not...If AG Gonzales can make the argument that rights are not given by the Constitution only the prohibition of taking them away, then the rights do not exist...
With there logic anything is possible.

[NinetySix]

12. Criminals who live ouside the law regularly ignore the law.

This does not imply, however, that the law no longer holds.

Tyrants live outside the law and suppose that it does not constrain them -- and they are right.

The Constitution is set up to explicitly describe the relations among the three branches and their respective functions. According to John Locke (to whom Thomas Jefferson was heavily indebted), when a tyrant seeks to dominate you, seeks to get you in his power, seeks to enslave you, he implicitly dissolves Government, and thus his legitimate authority. In so doing, he does away with civil government, placing everyone formerly in it in a State of Nature, and himself in a State of War with respect to you, and the powers retained by Government revert to the People.

In a State of War, according to Locke, any action necessary to secure one's Liberty is permissible.

Jefferson famously wrote, "the Tree of Liberty must be refreshed from time to time with the blood of Patriots and Tyrants."

The People won their war with Mussolini. And with Ceaucescu. You're not placing yourself in opposition to US, are you Mr. Cheney....

[Cessna Invesco Palin]

16. The thing that irks me most about this...

...is that it has nothing to do with their usual gibberish about the powers of the Executive branch during times of war. It's just some shit Cheney miracled into existence. This concept sets a hideously dangerous precedent. I have to wonder what these people are thinking. God help the Republicans if a Democratic President and VP ever use their theory of Executive power against them.

[Felinity]

17. What you said. K&R

The entire * regime is Constitutionally Insane.

[zeemike]

30. That is really interesting

I had not really thought about it like that.
So anyone that wants to "take government into the bathroom and drown it in the tub" is has violated his oath to defend and protect the constitution. It seems close to treason to me.

[zeemike]

3. We could call it the shadow branch

The branch that does all the dirty stuff, leaving the rest of them able to say that they did not know about the illegal activity.

[NinetySix]

4. "Shadow" is such a pleasant, poetic term for TYRANNY, isn't it?

Maybe every time one of us DUers is in Europe, we should send Mr. Cheney a postcard from the Hague.

I hear it's beautiful this time of year.

[zeemike]

9. It would be better to send him a post card at the Hague

Hell I would spring for a full letter.
We can dream can't we.

[sam sarrha]

11. i had a great dream last night but it turned inot a nightmare, i found they dont hang em anymore

[femmedem]

6. They've become so blatant in their disregard for the constitution.

Thank you for posting this. My city councilors are considering a resolution calling for the impeachment of Bush and Cheney, and I will point this out to them.

[Lasher]

8. OK fine. Prohibit funding for Lord Vader's offices and staff.

Jerk the funding for everything that Cheney gets except his Senate office. Enormous White House staff, Air Force Two, and whatever. And make him pay for the staff he's had for the past 6 years. Sure wish we had a veto-proof Congress.

[POAS]

13. Now there is an idea.

[AtomicKitten]

10. Dems must seek to impeach this rogue VP

and his puppet president too

[orpupilofnature57]

14. Impeachment is the only responsible thing to do , a sign of remorse.

We have to realize, the world views it as US letting Shrub happen.

[Cessna Invesco Palin]

15. Hold up a second, tex.

So the fact that the VP has some legislative duties (which is true) somehow makes it not part of the executive branch?

Cheney has a lot of crazy ideas, but now he's claiming that there are actually four branches of government... I...

Good lord.

[FogerRox]

22. Good point. .. . . Just because the President gives a

State of the Union Speech in the House, doesn't make him a 5th branch... does it?

[Canuckistanian]

18. It's the "dark side" of government, if you will.

So let me get this straight. Cheney claims all of the powers of the Executive, yet rejects any accountability of that office to the people.

Nice try. Vice Presidents can be impeached, no matter what category they belong to.

[dmr]

19. Did he not run on the Executive Branch ticket with Bush*?

Either he ran for the Executive Branch for the Vice-Presidency, or he ran for the Legislative. He is not living up with the agreement he made with the American voters. He and David Addington just can't make up things as they go along by saying his job description is scattered here and there throughout the US Constitution and the US Code.

Once again, the American media is complicit with Cheney's secretive manuverings - otherwise there would be continuous outrage and pressure throughout the press.

I'm going to research his campaign stump pieces to see exactly what he was telling people he was running for in 2000 & 2004.

We need a show-down. Now! Come on Congress do your job!

[jazzjunkysue]

20. They really don't come from our reality. All those star trek alternate

universe episodes were scary because they seemed so plausible.

I never thought I'd be living in one.

[babylonsister]

21. Wrong answer, Darth. If you love Amerika, abide by her laws. nt

[Hawkowl]

23. Executive privilege doesn't exist then...

Would this mean that he now has to disclose who attended the energy task force meetings and what was said? Because he's used the defense of "executive privilege" to seal these documents. I say if he is not part of the executive branch then he can't have executive privileges! Asshole Cheney. Big-time.

[Hekate]

24. Stands to reason, since Darth Cheney's actually running the show of COURSE he's above the law

Goodness, what were we thinking to even question his royal prerogatives?

:scared:
Hekate

[Starfury]

25. Hmmm, interesting - take a look at 44 U.S.C. § 2207:

Not being particularly versed in Constitutional law, I'm not sure how this fits in. But:

§ 2207. Vice-Presidential records

Vice-Presidential records shall be subject to the provisions of this chapter in the same manner as Presidential records. The duties and responsibilities of the Vice President, with respect to Vice-Presidential records, shall be the same as the duties and responsibilities of the President under this chapter with respect to Presidential records. The authority of the Archivist with respect to Vice-Presidential records shall be the same as the authority of the Archivist under this chapter with respect to Presidential records, except that the Archivist may, when the Archivist determines that it is in the public interest, enter into an agreement for the deposit of Vice-Presidential records in a non-Federal archival depository. Nothing in this chapter shall be construed to authorize the establishment of separate archival depositories for such Vice-Presidential records.

http://www.archives.gov/about/laws/presidential-records.html#2207

I say, "Book 'em, Danno!"

[Azathoth]

26. Technically, he's correct. The Vice-President is unique in American government

The Executive Branch is one person: the President. The cabinet/Executive Office of the President/executive bureaucracy serve at the pleasure of the President and have no inherent Constitutional power save what is delegated to them by the President. The Vice-President, on the other hand, is completely unique. He does not serve at the pleasure of the President; his office is created by the Constitution and he is elected by the electoral college. Originally, he didn't even have to be from the same party as the President. His only official duty is a legislative one: to break ties in the Senate. All of his other authority is delegated to him by the President.

[Eurobabe]

27. When are we going to REMOVE this pimple on the ass of PROGRESS?

He needs to be impeached. along with his moronic cohort, and not a minute too soon.

[orpupilofnature57]

29. Kick!!!!!!

[Boo Boo]

28. Cheney's insane. /nt