Is Dick Cheney Unconstitutional?

8 Pages Posted: 27 Sep 2007 Last revised: 7 Dec 2007

Glenn Harlan Reynolds

University of Tennessee College of Law

Date Written: December 2007

Abstract

During a recent policy kerfuffle, Vice President Dick Cheney's office briefly argued that the Vice President is really a legislative official, and hence not subject to some obligations of the Executive branch. Though Cheney's office quickly shifted its argument to less controversial statutory grounds, it turns out that the Vice Presidency's legislative character is, in fact, quite significant. To the extent that the Vice President is a legislative official, however, it is likely that extensive delegation of Presidential authority to the Vice President, of the sort that Vice President Cheney has enjoyed, is probably unconstitutional and certainly unwise.

Keywords: vice president, separation of powers, cheney, bowsher, addington

Suggested Citation

Reynolds, Glenn Harlan, Is Dick Cheney Unconstitutional? (December 2007). University of Tennessee Legal Studies Research Paper No. 14. Available at SSRN: https://ssrn.com/abstract=1017163 or http://dx.doi.org/10.2139/ssrn.1017163

Glenn Harlan Reynolds (Contact Author)

University of Tennessee College of Law ( email )

1505 West Cumberland Avenue
Knoxville, TN 37996-1810
United States
865-974-6744 (Phone)

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