Biden didn’t knock his response out of the park - he was factually wrong on several points.
[Quote=Biden]
Vice President Cheney has been the most dangerous vice president we’ve had probably in American history. The idea he doesn’t realize that Article I of the Constitution defines the role of the vice president of the United States, that’s the Executive Branch. He works in the Executive Branch. He should understand that. Everyone should understand that.
And the primary role of the vice president of the United States of America is to support the president of the United States of America, give that president his or her best judgment when sought, and as vice president, to preside over the Senate, only in a time when in fact there’s a tie vote. The Constitution is explicit.
The only authority the vice president has from the legislative standpoint is the vote, only when there is a tie vote. He has no authority relative to the Congress. The idea he’s part of the Legislative Branch is a bizarre notion invented by Cheney to aggrandize the power of a unitary executive and look where it has gotten us. It has been very dangerous.
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First of all, Article I doesn’t explicitly place the Vice-President in the Executive Branch - it couldn’t clearly do so since that article deals with legislative branch authority. It does explicitly make the Vice-President President of the Senate. This is a role he holds any time he is present in the chamber, and is ceded to the president pro tempore when he is not. It is not reserved for tie votes, though in practice this is often the only time that the Vice-President actually goes to the Hill.
It is why the Vice-President sits with the Speaker of the House behind the President during the State of the Union address - he is representing the Senate here, not the Administration (at least constitutionally). And in another example, Al Gore served as President of the Senate when the Electoral College votes were formally accepted in 2000. That was not a tie vote in the least.
I’m on record here as stating that Cheney’s actions were wrong, and in fact they didn’t go anywhere. But Biden was just factually wrong when he stated his case against Cheney, and he didn’t need to go at such lengths to do so.
The election won’t turn on this by any means, but frankly Palin was closer to the truth than Biden was. The Constitution gave very few explicit powers to the Vice-President. We can regard that as flexibility, I suppose. I personally regard it as benign neglect. Whatever the institution has been made of in the last fifty years (before that is was rather insignificant) was because of the men who held it and the presidency.