Biden Screws Up on VP Constitutional Question

by Stephan Tawney on October 3, 2008

I only watched the debate on and off last night, so I didn’t catch this. Luckily, Ed Morrissey did. Here’s what Bidden, a lawyer and Washington insider, said:

BIDEN: Vice President Cheney has been the most dangerous vice president we’ve had probably in American history. The idea he doesn’t realize that Article I of the Constitution defines the role of the vice president of the United States, that’s the Executive Branch. He works in the Executive Branch. He should understand that. Everyone should understand that.

And the primary role of the vice president of the United States of America is to support the president of the United States of America, give that president his or her best judgment when sought, and as vice president, to preside over the Senate, only in a time when in fact there’s a tie vote. The Constitution is explicit.

The Constitution is indeed explicit. And it says nothing about the VP only presiding over the Senate when there’s a tie vote. In fact, the vice president is the default President of the Senate. When he’s not acting in that role, a President Pro Tempore is selected. Even Wikipedia understands that:

The Vice President of the United States is the President of the Senate ex officio, and thus is the highest-ranking official of the Senate; during his absence, the President pro tempore is the highest-ranking official in the Senate and may preside over its sessions.

Here’s what the U.S. Constitution says:

The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

It’s not that he’s only President of the Senate when there’s a tie, it’s that he can only vote in such a scenario. The VP is defined in both Article One and Article Two.

Furthermore, Biden says that Article I defines the Executive Branch. Wrong. Article I defines the Legislative Branch. Article II defines the Executive.



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