Sunday, August 2, 2009

Vice Presidents Constitutionally Lack Executive Authority

A media report recently claimed that during the George W. Bush Administration, Vice President Richard Cheney had “ordered” the Central Intelligence Agency not to reveal a proposed program to the Congress. The report is misleading.

Vice President Cheney did not order any members of the administration to do anything, as the vice president has no constitutional executive authority. As the president of the Senate, the vice president is a legislative officer, not an executive one. He could have recommended or suggested an executive action, but he did not order any action, as the media reported.

It is another misleading media phrase, often repeated by politicians and other commentators, to refer to the vice president as the “second in command,” which is language for conservatives to avoid, as the vice president cannot command anyone. His only constitutional power is to preside over the Senate and cast tie-breaking votes. Furthermore, it is often stated that vice presidents are part of the presidential administration, but they are not part of the executive branch at all. As such, it is also constitutionally inaccurate to refer to the president as the “boss” of the vice president, as vice presidents have no boss.

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