Reining in Dick ‘4th Branch’ Cheney

Efforts on the part of congressional Dems to cut off funding for Dick Cheney’s office may sound like a bit of a stunt. That’s because, well, they probably are. It’s a great stunt, which makes for highly entertaining political theater, and Dems are absolutely right to justify this as a legitimate tactic, but it’s still a stunt.

Michael Currie Schaffer, however, makes an excellent case today that this entire approach deserves to be taken very seriously. Indeed, Schaffer suggests Dems push this about as far as they can.

Rahm Emanuel last week said he’d introduce legislation putting a hold on Cheney’s budget until he clarifies which branch of government he belongs to. But given the array of disagreements between Democrats and Cheney over the basic rules of government, Emanuel’s measure should go further still.

There’s no reason Congress couldn’t tie some substantive strings to the roughly $7 million a year that taxpayers spend on the care, feeding, and staff of the vice president. Of that money, about $4.4 million is designated “[f]or necessary expenses to enable the Vice President to provide assistance to the President” and another $320,000 goes to cars, expenses and “the care, operation, refurnishing, improvement, and to the extent not otherwise provided for, heating and lighting, including electric power and fixtures, of the official residence.” A sentence here or there in the federal budget could tie funding for that residence, to, say, regular official disclosure of its visitors. Likewise, Congress could leave it up to the vice president as to whether he would comply with executive orders on classified information or lose a hefty chunk of his personnel budget. And so on.

Works for me. Schaffer notes that there are some questions about separation of powers here, but Cheney’s the one who emphasizes his legislative duties to rationalize his 4th-branch status.

The OVP’s budget includes $2.2 million from the legislative budget (indeed, Cheney’s paycheck comes from the Senate). It’s not a separation-of-powers argument if the Senate regulates spending for its own chamber. Schaffer explained:

If Cheney’s going to be such a stickler for constitutional lines of command, he would surely have to concede that Senators themselves have the right to decide how much money their branch’s president ought to spend on personnel. If that number drops to zero, well, he should have thought of that before stiffing their requests for transparency.

I’m not getting my hopes up — I kind of doubt there would be enough votes to support this kind of endeavor — but it’s a good idea, isn’t it?

Cheney’s paycheck comes from the Senate

Where does Bush’s paycheck come from? If they come from separate places, wouldn’t that bolster Cheney’s argument that he is separate from the Executive Branch?

Also, given Cheney’s corporate ties, I’d beware of the law of unintended consequences – we may end up with the first example of corporate funded government. Would give the term “Halliburton Vice-Presidency” all new meaning.

  • Rahm Emanuel last week said he’d introduce legislation putting a hold on Cheney’s budget until he clarifies which branch of government he belongs to.

    Wrong.

    Cheney shouldn’t be asked to “clarify” anything, the constitution already makes it very clear.

    He is obstructing the lawful inquiries of congress. Impeach the criminal. NOW.

  • I’d prefer that the Dems Prune the 4th Branch rather than reigning it in.

    Perhaps he’s not Darth Cheney as Darth was merely a henchman. He’s the friggin Dick Palpatine!

  • …we may end up with the first example of corporate funded government…

    ROFLMAO.

    Yeah, if corporations funded the government, they would get to dictate what the laws said. And that would be different… how?

  • “There’s no reason Congress couldn’t tie some substantive strings to the roughly $7 million a year that taxpayers spend on the care, feeding, and staff of the vice president.”

    Care feeding and staff – like a zoo animal. That is funny. Limit him to state funerals and dinners and make him provide receipts. Corporate Executive Branch indeed!

  • Yeah, if corporations funded the government, they would get to dictate what the laws said. And that would be different… how?

    They’d then be able to buy naming rights! No more Old Executive Office Building. Now the Staples Executive Office Bldg

  • I see nothing to lose here. Cheney’s 4rth branch claims have made him an eyerolling embarrassment for all but the most kool aid impaired wingnuts. This is a lever with which to pry his office into the full light of day. His irrational justifications have left his supporters with little to bring to his defense. Maybe before congress considers his budget requests, he can stop by and offer a detailed explanation of where this money goes – under oath, of course.

  • If Dick Cheney is the “fourth branch,” it must be located on the Crazy Tree, and I seriously wish the response to this nonsense had been a question or two about the VP’s mental competence.

    You can forget legislation, unless you’ve got enough votes in both houses to override the inevitable veto – one that will come with withering sarcasm over the colossal waste of time when there are so many more important issues to be addressed.

    You can forget polite letters asking for cooperation and clarification – that isn’t going to produce anything either.

    Subpoenas? Dick would just start a collection and use them as toilet paper – especially seeing as how he’s almost finished with the Constitution.

    Let’s just get down to it, and impeach the bastard.

  • I don’t think this should be a stunt at all.

    Cheney is deadly serious so Democrats need to be as well.

  • Impeach Cheney.

    Every Democratic politician who speaks in any context must say, “Our first order of business is to uphold the Constitution of the United States. We cannot do that when the Vice President flaunts his illegal behavior and defies the Constitution. The VP must step down or we have to impeach him.” If every Democrat invited to a talk show, a lecture, at every speech in chambers started with that statement AND THEN FOLLOW UP, then I would feel they are serious about working for the citizens of this country.

  • Oh, joyful! O delicious!

    Please, puh-leez use this “which branch” argument and cut his funds (maybe his salary, too?) to what real people consider pocket change. Then let’s all stand back and watch his face turn red and his head explode in range.

    Oh, goody! Oh fantabulous!

  • There’s a typo in my last post. I said we should watch “his head explode in range.” The only person whose head would be in range and explode would be one of Cheney’s hunting buddies after Dick had “just one beer” again.

    I meant to say his head would explode in rage. RAGE, not range. dudes.

  • “Our Government” is designed to be “a 3-branch tree.” Suddenly, we find that it has become “a 4-branch tree.” In tree terminology, an excessive branch is referred to as “a sucker”—and the common prescription for this horticultural malady is to “prune the tree.”

    I say it’s time to “prune this sucker.” Gimme that chainsaw….

  • If he says he’s not part of the executive branch, then it is totally appropriate to withdraw funding for his office and have him draw funds from the appropriate source. When the MSM howls, direct them to VP Cheny’s statement and ask them why Congress should not follow the rules.

    When they howl some more, which we all know they will, ask them the question again. Repeat as necessary. Do not give in to the temptation to reason with the media.

    Rahm Emanuel’s got too much punk in his heart to actually do anything with this excellent opportunity the VP has given him. He doesn’t want to be strong, he just wants to sound strong.

  • I see on Political Wire that Cheney is retiring the “What me, Executive?” argument. Ostensibly it’s because Emanuel’s game of chicken worked. More likely it’s because they think they have a winner in the “Executive Order didn’t apply to the VP — it says so right here” argument, mentioned earlier.

    The Daily Show also had a real zinger dragging up Cheney’s defense of his secret energy talks, saying Congress had no jurisdiction over his executive branch business.

  • Marty Lederman over at Balkinization has a good analysis of Addington’s response to the EO, one which pretty much shreds it. He also has some good questions in relation to the DOJ and the OLC – like why was Addington by-passing them, or had he consulted with them and the views expressed in the letter reflected the typical “consensus” view?

    http://balkin.blogspot.com

  • Williamjacobs @17,

    I dunno… Those funds in the appropriations bill… It’s not Deadeye who’s asking for them; officially, it’s the Chimp. Dickster might take it with equanimity, but the Shrub is likely to get really upset at being refused; he’s not used to it. A public tantrum isn’t out of question. Might be entertaining, especially since, this time, he won’t have the “you’re taking the food out of our troops’ mouths” argument. And 7 million is a fairly sbstantial saving, for those who claim to be fiscally responsible.

    Stunt, yes. But a nice one. Of course, it would be even nicer, if the suggestion was that Deadeye wouldn’t need a fully staffed office in Gitmo…

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