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Dick Cheney* will shoot your face
Texas Monthly magazine

Dick Cheney is often caricatured, and often in court defending the prerogatives of his office.

Featured Topic | Posted 29 weeks 1 day ago

Is Dick Cheney beyond the Constitution? Or just beyond Congress?

Vice President Dick Cheney has had a knack for stirring up constitutional controversy. Cheney asserted executive privilege and he's also argued that the vice president's office is outside the executive branch.

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Ben likes: The executive's privilege

National Review

Typically, disputes like those over the U.S. attorney and terrorist-surveillance program are worked out by compromise. If a president wants to protect his prerogatives, he also wants to preserve a working relationship with Congress. But this particular relationship can’t be saved. Comity is impossible with a Congress bent on doing all it can to destroy what remains of the Bush administration. In the matter of the U.S. attorneys, the administration has provided Congress 8,500 pages of documents and numerous officials and former officials have testified. This isn’t enough for a Congress that won’t stop until it has run-down every outlandish conspiracy theory about the firings that -- even if clumsy and ill-advised -- were perfectly within Bush’s power to make.

And so, the administration was justified in saying both, "no more," and "see you in court." There, it can hope to get a decision that strengthens the executive’s ability to protect its deliberations for a long time to come.

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Joel likes: Cheney and the Constitution

Aziz Huq/The Nation

For Cheney to be pushing the envelope on executive power is especially ironic, given the original constitutional status of the vice presidency: That office is a vestigial afterthought tacked on to the Constitution toward the end of the 1787 Constitutional Convention to solve a gaggle of unrelated problems. And it quickly proved more trouble than it was worth.

The vice presidency, in short, was never intended as an independent center of constitutional power--let alone home of a shadow EPA (the rather wonderfully named White House Council on Environmental Quality); the secret architect of national energy policy; and the shameful global detention and torture policies--including the wretched military commission system.

Perhaps we do need to start thinking about why perhaps the most powerful office in the country is not on the top of a ballot, and why its powers are not defined -- or circumscribed -- by any law or constitutional provision.  It's long past time for Congress to take this on. Past legislation has further provided clear channels of responsibility, particularly on military matters. It would be a good debate to have before the 2008 election, when Cheney will start opening the envelopes.

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