7 Pages Posted: 12 Nov 2007
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. This Essay argues for congressional action to limit the Vice President's role in Executive business.
Keywords: cheney, bowsher, vice president, separation of powers, legislative, executive
Suggested Citation: Suggested Citation
Reynolds, Glenn Harlan, Is Dick Cheney Unconstitutional? (Final Version). Northwestern University Law Review, Vol. 102, 2007. Available at SSRN: https://ssrn.com/abstract=1029363