Bruce Fein: “Impeach Vice President Cheney!”
The conservative jurist Bruce Fein has a piece up at Slate calling for the impeachment of Vice President Cheney.
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.