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Monday, December 22, 2008

Oh That's Just Joe!

[MAINSTREAM MEDIA] Move along! Move along! Nothing to see here...

Joe Biden’s response on the constitutional role of the Vice Presidency is so riddled with error that it is difficult to know where to start. He said, “The idea, he [Vice President Cheney] doesn’t realize that Article I of the Constitution defines the role of the Vice President. That’s the Executive Branch. He works in the Executive Branch.” Biden, who has been a member of the Senate for decades, doesn’t know that Article I of the Constitution defines the legislative powers of the federal government. It delineates and limits Congressional authority, and does not speak to Executive functions.

Article II of the Constitution sets out the President’s executive authority. Guess what, Joe? The Vice President is mentioned in both Articles. Article II provides that the Vice President shall serve “together with” the President and thus establishes the Office of the Vice President. But Article I names the Vice President as President of the Senate, which makes him both the Presiding Officer and the tie breaking vote in the Senate. He is not a Senator (thus, for instance, not entitled to constitutional speech or debate immunity), but he is an Officer of the Senate.

Of course, if Sarah Palin had said it...

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