# Is the Office of the Vice President part of the Executive Branch? **URL:** \ **Category:** Great Debates\ **Created:** [February 10, 2007, 12:44pm UTC](https://boards.straightdope.com/t/is-the-office-of-the-vice-president-part-of-the-executive-branch/391610 "2007-02-10T12:44:42Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![RTFirefly](https://avatars.discourse-cdn.com/v4/letter/r/c77e96/32.png) [@RTFirefly](https://boards.straightdope.com/u/RTFirefly)\ **Post date:** [February 10, 2007, 12:44pm UTC](https://boards.straightdope.com/t/is-the-office-of-the-vice-president-part-of-the-executive-branch/391610/1 "2007-02-10T12:44:42Z")
[Not exactly](http://www.gpoaccess.gov/plumbook/2004/p226_appendix5.pdf), according to filings from that office: > [@](#): > > 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). This was submitted by the OVP in lieu of a list of Executive appointees in that office that would normally have gone in something called the Plum Book, an annual roster of Executive appointees. Cheney’s argument seems to be ‘that doesn’t apply to us; we’re really not part of the Executive.’ The OVP is now making that argument over a more substantive issue: the requirement that Executive agencies provide statistics on document classification and declassification by their offices. [Per U.S. News & World Report](http://www.usnews.com/usnews/news/articles/070208/8cheney.htm?s_cid=rss:site1): > [@](#): > > An important legal ruling is pending over Vice President Cheney’s refusal to disclose statistics on document classification and declassification activity. The Information Security Oversight Office, which is responsible for the policy and oversight of the government’s security classification system, has asked Attorney General Alberto Gonzales to direct Cheney’s office to disclose these statistics. > > Cheney’s office provided the information until 2002 but then stopped doing so, J. William Leonard, the director of ISOO, told U.S. News. At issue is whether the office of the vice president is an executive branch entity when it comes to supporting the activities of the president and the vice president. The reporting requirements for disclosing classification and declassification activity fall under a presidential executive order. > > “Basically the definition says that any entity of the executive branch that comes into possession of classified information is covered by the reporting requirements,” says Leonard. “I have my understanding of what the executive order requires, and I’m going to the attorney general to ascertain if my reading of the executive order is correct.” > > However, Megan McGinn, Cheney’s deputy press secretary, says the vice president’s office is exempt. > > “This matter has been thoroughly reviewed,” McGinn told U.S. News, “and it has been determined that reporting requirements do not apply to the office of the vice president, which has both legislative and executive functions.” Under the Constitution, the vice president serves as president of the Senate. It’s never really been an issue before now, due to the rather slight degree of power delegated by Presidents to their Veeps. But whether or not one thinks of the current Presidency as the “Cheney Administration,” the fact is that Dick Cheney has been the most influential Veep in memory. Accordingly, the question of whether legislation applying to the Executive Branch generally applies to the OVP is of some importance. A quick review of what the Constitution has to say about the Vice Presidency: From Article I, Section 3: > [@](#): > > The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided. > > The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States. From Article II, Section 1: > [@](#): > > The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows: Article II, Section 4: > [@](#): > > The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. The 12th Amendment: > [@](#): > > The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; – the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; – The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. [And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in case of the death or other constitutional disability of the President. --]\* The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. 20th Amendment, Section 1: > [@](#): > > The terms of the President and the Vice President shall end at noon on the 20th day of January… 20th Amendment, Section 3: > [@](#): > > If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified. 25th Amendment: > [@](#): > > Section 1. > In case of the removal of the President from office or of his death or resignation, the Vice President shall become President. > > Section 2. > Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress. > > Section 3. > Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President. > > Section 4. > Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President. > > Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office. The weird thing is, I think Cheney actually has a half-decent argument here. The Vice-President clearly does have legislative as well as executive functions. The fact that the Veep is first in the line of succession doesn’t specifically place him in the Executive Branch; the Speaker of the House is next, and nobody considers the Speaker to be part of the Executive. The main things going for the Veep being specifically part of the Executive Branch are (a) the fact that the President and Veep are elected by the same unique mechanism; (b) the fact that the Veep, like the President and other Executive officers, can be impeached; and (c) long custom, notably the fact that the Veep is chosen by the President and has no real powers of his own. But the one specific power of the Veep is the ability to cast the tie-breaking vote in the Senate, which is a legislative power. So, what _is_ the Veep, really? Part of the Executive Branch? Part of the Legislative Branch? One foot in both worlds? A fourth, undefined branch of its own? Have at it. I sure can’t tell. ---
**Author:** ![Jonathan\_Chance](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jonathan_chance/32/701_2.png) [@Jonathan\_Chance](https://boards.straightdope.com/u/Jonathan_Chance)\ **Post date:** [February 10, 2007, 1:16pm UTC](https://boards.straightdope.com/t/is-the-office-of-the-vice-president-part-of-the-executive-branch/391610/2 "2007-02-10T13:16:00Z")
Jesus, given that reasoning neither can I. The best argument I can find against it is that there are only three branches of government and the Office of the Vice President has to fit into ONE of them somehow. I don’t think it can be defined as some ‘ill-defined fourth branch’. Easiest would be an act of Congress placing reporting requirements for the OVP into the Executive Branch category. But I betcha that would face constitutional review. ---
**Author:** ![pseudotriton\_ruber\_ruber](https://avatars.discourse-cdn.com/v4/letter/p/a9a28c/32.png) [@pseudotriton\_ruber\_ruber](https://boards.straightdope.com/u/pseudotriton_ruber_ruber)\ **Post date:** [February 10, 2007, 1:28pm UTC](https://boards.straightdope.com/t/is-the-office-of-the-vice-president-part-of-the-executive-branch/391610/3 "2007-02-10T13:28:18Z")
[QUOTE=RTFirefly] So, what is the Veep, really? [/QUOTE] Depends on our definition of “is,” I suppose. ---
**Author:** ![Monty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/monty/32/47_2.png) [@Monty](https://boards.straightdope.com/u/Monty)\ **Post date:** [February 10, 2007, 1:30pm UTC](https://boards.straightdope.com/t/is-the-office-of-the-vice-president-part-of-the-executive-branch/391610/4 "2007-02-10T13:30:07Z")
[This federal web site](http://www.usa.gov/Agencies/Federal/Executive.shtml) has the Veep in the Executive Department. Further, [Article II of the United States Constitution](http://caselaw.lp.findlaw.com/data/constitution/article02/) deals with the Executive Department. ---
**Author:** ![Captain\_Carrot](https://avatars.discourse-cdn.com/v4/letter/c/f0a364/32.png) [@Captain\_Carrot](https://boards.straightdope.com/u/Captain_Carrot)\ **Post date:** [February 10, 2007, 1:42pm UTC](https://boards.straightdope.com/t/is-the-office-of-the-vice-president-part-of-the-executive-branch/391610/5 "2007-02-10T13:42:36Z")
The thing is, everything has to be in one branch: anything else would violate the separation of powers. The VP’s role as President of the Senate rarely matters that much, especially since there haven’t been very many tie-breaking votes necessary. In addition, that’s the only legislative power he has; Cheney, like Bush, cannot propose any legislation. They can both ask individual members of Congress to propose it for them, but they can’t actually do it themselves. I suppose you could view the VP’s tie-breaking role in the Senate as a much weaker form of the President’s veto powers, so that could simply be an analogous executive responsibility. ---
**Author:** ![Monty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/monty/32/47_2.png) [@Monty](https://boards.straightdope.com/u/Monty)\ **Post date:** [February 10, 2007, 2:39pm UTC](https://boards.straightdope.com/t/is-the-office-of-the-vice-president-part-of-the-executive-branch/391610/6 "2007-02-10T14:39:40Z")
I’d venture that prior to any vote where the majority party thought it would come to a tie breaker, said majority party would already be fairly certain of the veep’s inclinations and would do their utmost to ensure it wouldn’t come down to his vote. ---
**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\ **Post date:** [February 10, 2007, 3:51pm UTC](https://boards.straightdope.com/t/is-the-office-of-the-vice-president-part-of-the-executive-branch/391610/7 "2007-02-10T15:51:21Z")
[QUOTE=Monty] I’d venture that prior to any vote where the majority party thought it would come to a tie breaker, said majority party would already be fairly certain of the veep’s inclinations and would do their utmost to ensure it wouldn’t come down to his vote. [/QUOTE] Not necessarily, and that wouldn’t matter anyway. He still gets a vote. Although the OP’s thesis looks obviously correct on the face of it, I can’t see all the pieces of the puzzle. The first cite (which is a PDF, btw) is the appendix of some document. What document is it, and what is the context of those statements? The second cite seems unrelated to the first\*, and seems to be talking about an executive order, not an act of Congress. If it’s an executive order, then I think Mr. Leonard is correct when he says: > [@](#): > > If the attorney general determines that Cheney’s interpretation of the executive order is right, Leonard says it would be the final answer. “That’s it for me,” says Leonard. So, I’m withholding judgement until I see how this all fits together, even though Cheney’s claims seem spurious at best. \*if it is related, it’s unlcear to me how so. ---
**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\ **Post date:** [February 10, 2007, 3:57pm UTC](https://boards.straightdope.com/t/is-the-office-of-the-vice-president-part-of-the-executive-branch/391610/8 "2007-02-10T15:57:08Z")
I’m tempted to blame the Framers for having a brainfart – but who ever could have imagined it would come to **this?** Not even the Nixon Admin was this obsessed with secrecy nor this resistant to accountability! ---
**Author:** ![Captain\_Amazing](https://avatars.discourse-cdn.com/v4/letter/c/6de8d8/32.png) [@Captain\_Amazing](https://boards.straightdope.com/u/Captain_Amazing)\ **Post date:** [February 10, 2007, 4:21pm UTC](https://boards.straightdope.com/t/is-the-office-of-the-vice-president-part-of-the-executive-branch/391610/9 "2007-02-10T16:21:46Z")
[QUOTE=BrainGlutton] I’m tempted to blame the Framers for having a brainfart – but who ever could have imagined it would come to **this?** [/QUOTE] Well, I don’t think the Framers ever expected the Vice President to have a staf, or produce documents, or anything like that. He was just the loser of the last election, who hung out at the Senate while he waited for the President to die. ---
**Author:** ![David\_Simmons](https://avatars.discourse-cdn.com/v4/letter/d/9de053/32.png) [@David\_Simmons](https://boards.straightdope.com/u/David_Simmons)\ **Post date:** [February 10, 2007, 5:43pm UTC](https://boards.straightdope.com/t/is-the-office-of-the-vice-president-part-of-the-executive-branch/391610/10 "2007-02-10T17:43:14Z")
[QUOTE=Captain Amazing] Well, I don’t think the Framers ever expected the Vice President to have a staf, or produce documents, or anything like that. He was just the loser of the last election, who hung out at the Senate while he waited for the President to die. [/QUOTE] Right. Actually, the Vice-President was the one who received the second highest total of electoral votes. It seems to me that the language of the Constitution is clear that the framers anticipated a number of candidates for President and not just two major ones. After the mess in the election in which Thomas Jefferson and AAron Burr received equal numbers of electoral votes The House of Representatives named Jefferson making Burr the Vice-President. There was a lot of mutual dislike between the two and it was realised that the system had to be changed. It was changed by the XII Amendment which calls for the separate election of President and Vice-President.. The office of Vice-President has changed considerably since Roosevelt’s VP,[John Nance Garner,](http://www.suite101.com/article.cfm/presidents_and_first_ladies/35366/2) said that it wasn’t worth “a bucket of warm spit.” There is some doubt that “spit” was an exact quote, but that’s the way it appeared in the press. > [@](#): > > Each year on his birthday, Garner held a press conference and repeated his well-known opinion about the vice-presidency, which he called the “unnecessary office.” Garner once told Lyndon Johnson that the vice-presidency “wasn’t worth a bucket of warm spit,” because “the Vice President is just a waiting boy, waiting just in case something happens to the President.” Actually, he said something less polite, but the press cleaned it up before quoting him. ---
**Author:** ![ElvisL1ves](https://avatars.discourse-cdn.com/v4/letter/e/5daacb/32.png) [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)\ **Post date:** [February 10, 2007, 5:54pm UTC](https://boards.straightdope.com/t/is-the-office-of-the-vice-president-part-of-the-executive-branch/391610/11 "2007-02-10T17:54:35Z")
[QUOTE=BrainGlutton] I’m tempted to blame the Framers for having a brainfart – but who ever could have imagined it would come to **this?** [/QUOTE] The Vice-President has _no more_ executive power than the President \*allows \* him to have. Anything Deadeye Dick has done is because the Boy in the Bubble has \*let \* him do it. Focus your blame on the right target first. Yes, it’s hard to see the Framers imagining the President derelicting his duties so completely. But then again, we’ve had other past bouts of disengaged or incapacitated Presidents having actual power taken to some large extent by senior White House staffers - the fact that this time it’s the VP doing it reflects only the modern trend of the President actually giving him some important stuff to do. ---
**Author:** ![RTFirefly](https://avatars.discourse-cdn.com/v4/letter/r/c77e96/32.png) [@RTFirefly](https://boards.straightdope.com/u/RTFirefly)\ **Post date:** [February 12, 2007, 12:54am UTC](https://boards.straightdope.com/t/is-the-office-of-the-vice-president-part-of-the-executive-branch/391610/12 "2007-02-12T00:54:09Z")
**Captain Carrot** , I hope you don’t mind my using your post as a starting point for further discussion. I chose your post mostly because of its completeness; it provided a good springboard to work from for a general response to what’s been said so far here. The only thing you said that I took more than mild exception to was your analogy between the Veep’s tie-breaking vote and the President’s veto power. [QUOTE=Captain Carrot] The thing is, everything has to be in one branch: anything else would violate the separation of powers. [/quote] Separation of powers is a doctrine that is implicit in the Constitution, but it depends on the Constitution, not the other way around. And even the notion (per **JC** ’s post) that there are exactly three branches of government, and everything is in just one, is an implication that we draw from the way the Constitution is organized. I personally think the Constitution’s structure itself argues for that proposition. I wonder whether the Supremes would agree? Or would they give that little weight, and rely strictly on the Constitutional wording? > [@](#): > > The VP’s role as President of the Senate rarely matters that much, especially since there haven’t been very many tie-breaking votes necessary. In addition, that’s the only legislative power he has; Cheney, like Bush, cannot propose any legislation. When the GOP was contemplating ending judicial filibusters in the Senate, part of the plan was to seek a ruling from the chair that judicial filibusters were impermissible, and a simple majority would suffice to end debate. The Veep would have been expected to preside and give that ruling, since such a ruling coming from any lesser holder of the gavel would have been suspect. So there can be more to the Veep’s role in the Senate than tie-breaking. But I would agree that such instances are rare. I can’t remember another situation where it seemed as if the Veep was going to substantively intervene in the Senate’s processes in ways other than tie-breaking. > [@](#): > > I suppose you could view the VP’s tie-breaking role in the Senate as a much weaker form of the President’s veto powers, so that could simply be an analogous executive responsibility. I think that’s a bit of a stretch. The veep can turn a tie into a majority vote for the bill, which doesn’t resemble a veto at all. ---
**Author:** ![Captain\_Carrot](https://avatars.discourse-cdn.com/v4/letter/c/f0a364/32.png) [@Captain\_Carrot](https://boards.straightdope.com/u/Captain_Carrot)\ **Post date:** [February 12, 2007, 1:20am UTC](https://boards.straightdope.com/t/is-the-office-of-the-vice-president-part-of-the-executive-branch/391610/13 "2007-02-12T01:20:46Z")
> [@RTFirefly](#): > > And even the notion (per JC’s post) that there are exactly three branches of government, and everything is in just one, is an implication that we draw from the way the Constitution is organized. And one that we draw from the voluminous writings of the Founding Fathers[sup]tm[/sup]. Exhibit A: the separation of Church and State, which phrase is found neither in the Constitution nor in the Declaration of Independence, but is one of Thomas Jefferson’s cherished principles. > [@RTFirefly](#): > > I think that’s a bit of a stretch. The veep can turn a tie into a majority vote for the bill, which doesn’t resemble a veto at all. That part doesn’t, no, but the rest kinda does. The vice president can turn a tie in favor of the executive branch, but can do nothing otherwise. The president can veto if the balance is close, but it will have no effect otherwise. Anyway, it was mostly an afterthought. In any case, both abilities are ways for the executive to exercise direct influence over the lawmaking process before the absolute end. ---
**Author:** ![Billdo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/billdo/32/315_2.png) [@Billdo](https://boards.straightdope.com/u/Billdo)\ **Post date:** [February 12, 2007, 4:22am UTC](https://boards.straightdope.com/t/is-the-office-of-the-vice-president-part-of-the-executive-branch/391610/14 "2007-02-12T04:22:05Z")
[QUOTE=ElvisL1ves] The Vice-President has _no more_ executive power than the President \*allows \* him to have. Anything Deadeye Dick has done is because the Boy in the Bubble has \*let \* him do it. Focus your blame on the right target first. . . . - the fact that this time it’s the VP doing it reflects only the modern trend of the President actually giving him some important stuff to do. [/QUOTE] I think this the key to solving this riddle. Yes, the VP has some legislative function, but he also acts as a minister-without-portfolio within the administration. The Presdent delegates certain adminstrative functions to the VP just as he might to a cabinet officer or another body or commission. To the extent that the VP acts in connection with this delegated responsibility, it should be considered executive functioning. ---
**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\ **Post date:** [February 12, 2007, 4:59am UTC](https://boards.straightdope.com/t/is-the-office-of-the-vice-president-part-of-the-executive-branch/391610/15 "2007-02-12T04:59:55Z")
Of course the VP is part of the Executive Branch. Cheney will argue otherwise right up to the moment that the branch of which he now claims to be a part - the Democratically-controlled Congress - actually attemps to make him do something he doesn’t want to. The Framers didn’t give the VP much thought, compared to the method of chosing the President, what powers to give Congress, etc. The position is somewhat ambiguous, I’ll grant you. Under the Constitution, the VP may have a _toe_ or two in the Legislative Branch, with his power to break ties in the Senate (for an interesting list thereof, see [List of tie-breaking votes cast by the vice president of the United States - Wikipedia](http://en.wikipedia.org/wiki/United_States_Vice_Presidents%27_tie-breaking_votes), but otherwise both of his feet are completely in the Executive Branch. His method of selection and of taking office, his position as designated successor to the President, his impeachability, etc., all indicate that he is an Exec Branch officer. Historically, I’ll concede that there is some support for Cheney’s position. According to Wiki, VPs didn’t attend Cabinet meetings from 1791 through 1918, and no VP had an actual White House or West Wing office until Carter gave Mondale one. Nowadays, though, due to his statutory role on the NSC and the now-customary (and sure to be remarked upon and criticized, if any President ever stopped it) inclusion of the VP in briefings, Cabinet meetings, and virtually all Executive Branch matters, the VP is surely part of that branch. I’m not surprised that this White House would make such an argument, though. The fact that it just happens to support this VP’s natural secretiveness is wholly coincidental, I’m sure. :rolleyes: ---
**Author:** ![DanBlather](https://avatars.discourse-cdn.com/v4/letter/d/f4b2a3/32.png) [@DanBlather](https://boards.straightdope.com/u/DanBlather)\ **Post date:** [February 12, 2007, 7:29am UTC](https://boards.straightdope.com/t/is-the-office-of-the-vice-president-part-of-the-executive-branch/391610/16 "2007-02-12T07:29:46Z")
I don’t think this administration is going to be satisfied til it creates a full-blown constitutional crisis. ---
**Author:** ![RTFirefly](https://avatars.discourse-cdn.com/v4/letter/r/c77e96/32.png) [@RTFirefly](https://boards.straightdope.com/u/RTFirefly)\ **Post date:** [February 12, 2007, 6:20pm UTC](https://boards.straightdope.com/t/is-the-office-of-the-vice-president-part-of-the-executive-branch/391610/17 "2007-02-12T18:20:50Z")
[QUOTE=Billdo] The Presdent delegates certain adminstrative functions to the VP just as he might to a cabinet officer or another body or commission. To the extent that the VP acts in connection with this delegated responsibility, it should be considered executive functioning. [/QUOTE] Makes sense to me. ---
**Author:** ![jackdavinci](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jackdavinci/32/3259_2.png) [@jackdavinci](https://boards.straightdope.com/u/jackdavinci)\ **Post date:** [June 23, 2007, 9:41pm UTC](https://boards.straightdope.com/t/is-the-office-of-the-vice-president-part-of-the-executive-branch/391610/18 "2007-06-23T21:41:47Z")
> [@](#): > > “Basically the definition says that any entity of the executive branch that comes into possession of classified information is covered by the reporting requirements,” says Leonard. “I have my understanding of what the executive order requires, and I’m going to the attorney general to ascertain if my reading of the executive order is correct.” Well, come on, obviously this violates the _intent_ of the requirements - whether or not there is some linguistic technical loophole or not. And is Cheney doing this for any reason _other_ than the technicality? If he’s not doing it on the basis of any actual principle, then why not just perform the request? Surely this isn’t the first legal document to have ever used the term “Executive branch” - wouldn’t this term have already had a legal definition hashed out long ago? And why does the requirement limit itself to the Exectutive branch? If the reporting requirements are needed, why aren’t they universal for anyone at all that comes into posession of classified information? Is the executive branch specifically excluded from these sorts of requirements, and if so, why? ---
**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\ **Post date:** [June 23, 2007, 10:30pm UTC](https://boards.straightdope.com/t/is-the-office-of-the-vice-president-part-of-the-executive-branch/391610/19 "2007-06-23T22:30:36Z")
As has been pointed out in other threads: If Cheney is actually a member of Congress, he has no executive privilege. He also can be expelled from office by a simple majority vote of the Senate without any impeachment process. 😃 ---
**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\ **Post date:** [June 23, 2007, 11:24pm UTC](https://boards.straightdope.com/t/is-the-office-of-the-vice-president-part-of-the-executive-branch/391610/20 "2007-06-23T23:24:52Z")
From Daily Kos: (warning: lefty site, tighty righty advisory: Shields Up) > **[Daily Kos](https://www.dailykos.com/)** > > Daily Kos is a progressive news site that fights for democracy by giving our audience information and resources to win elections and impact government. Our coverage is assiduously factual, ethical, and unapologetically liberal. We amplify what we... > [@](#): > > House Democratic Caucus Chairman Rahm Emanuel issued the following statement regarding his amendment to cut funding for the Office of the Vice President from the bill that funds the executive branch. The legislation – the Financial Services and General Government Appropriations bill – will be considered on the floor of the House of Representatives next week. > > “The Vice President has a choice to make.\* If he believes his legal case, his office has no business being funded as part of the executive branch.\* However, if he demands executive branch funding he cannot ignore executive branch rules. At the very least, the Vice President should be consistent. This amendment will ensure that the Vice President’s funding is consistent with his legal arguments. I have worked closely with my colleagues on this amendment and will continue to pursue this measure in the coming days.” Emphasis gleefully added… [Next page](https://boards.straightdope.com/t/is-the-office-of-the-vice-president-part-of-the-executive-branch/391610.md?page=2)