Seems like the chattering class is having wet-dreams about getting rid of Dick Cheney. In the latest example, we have a call to impeach Cheney over what amount to policy differences and questions of style. But the problem with the argument is that it really is less a case for impeaching the vice president than it is for impeaching President Bush.

The Constitution does not expressly forbid the president from abandoning his chief powers to the vice president. But President Bush's tacit delegation to Cheney and Cheney's eager acceptance tortures the Constitution's provision for an acting president. The presidency and vice presidency are discrete constitutional offices. The 12th Amendment provides for their separate elections. The sole constitutionally enumerated function of the vice president is to serve as president of the Senate without a vote except to break ties.

In contrast, Article II enumerates the powers and responsibilities of the president, including the obligation to take care that the laws be faithfully executed. A special presidential oath is prescribed. Section 3 of the 25th Amendment provides a method for the president to yield his office to the vice president, when "he is unable to discharge the powers and duties of his office." There is no other constitutional provision for transferring presidential powers to the vice president.

Yet without making a written transmittal to Congress, President Bush has ceded vast domains of his powers to Vice President Cheney by mutual understanding that circumvents the 25th Amendment. This constitutional provision assures that the public and Congress know who is exercising the powers of the presidency and who should be held responsible for successes or failures. The Bush-Cheney dispensation blurs political accountability by continually hiding the real decision-maker under presidential skirts. The Washington Post has thoroughly documented the vice president's dominance in a four-part series running this week. It is quite a read.

In the end, President Bush regularly is unable to explain or defend the policies of his own administration, and that is because the heavy intellectual labor has been performed in the office of the vice president. Cheney is impeachable for his overweening power and his sneering contempt of the Constitution and the rule of law.

The problem, of course, with this argument is that the President DOES have the power to delegate executive authority to a wide array of advisers and appointees -- indeed, the presidency has never been a one man job, hence the need for the Cabinet and a White House staff larger than many small towns If a president (any president) can delegate to appointed and/or civil service employees, then surely a delegation to the elected Vice President is not forbidden by custom, law, or the Constitution itself.

Fein, of course, rightly recognizes that George W. Bush would never be impeached -- and certainly not removed, by the Democrats in Congress. So instead he proposes going after Cheney, who is truly despised by the Left. The problem is that any removal that might come to pass under this scenario would result in the appointment of a new Vice President by George W. Bush -- one who must be confirmed by the Democrats unless they wish to look supremely arrogant in their attempt to overturn the results of the 2004 presidential election by disrupting the line of succession to clear the way for Nancy Pelosi to take the presidency.

SO who would be the likely nominee for VP in such a scenario? I could think of several individuals who would frighten the crap out of the Dems -- Condi Rice, Newt Gingrich, or another respected conservative -- who would suddenly be thrust into the position of front-runner for the 2008 GOP presidential nomination. Faced with an incumbent VP, one with a great deal of good will from his or her recent elevation to the new office, the chances of the Democrats electing one of their own would be greatly diminished.

So come on, Cheney-haters -- take your best shot. Anything you do will serve to strengthen the GOP

Posted by: Greg at 02:08 AM | No Comments | Add Comment
Post contains 675 words, total size 4 kb.