[Rhodes22-list] Reply to Wally about Iraq Information (political)

[DCLewis1 at aol.com]

Herb,
 
I know Wally can speak for himself, but in his absence let me try to  respond 
to your post.
 
Your questions were (and I quote via copy and paste):
"- Doesn't the  constitution dictate that the Vice President of the United 
States also serves as  president of the Senate?
- Isn't the Senate the legislative branch?"
 
The answers to your questions are:
- Yes the Constitution dictates  the Vice President of the United States 
serves as President of the Senate.
-  Yes, the Senate is a legislative branch.
 
Now for the important questions you didn't ask:
- Does  presiding over the Senate make the Vice President a member of the  
Senate? 
 
Answer, copied from Article 1, Section 3 of the United States  Constitution:
“The Senate of the United States shall be composed of two  Senators from each 
State, chosen by the Legislature thereof for six Years; and  each Senator 
shall have one Vote.”
 
That's what the Senate is, as per the Constitution, 2 Senators from  each 
state.  You can preside over the Senate without being a member.   You can also 
take their trash out at night and  you still won’t be a member  of the Senate.
 
- Can you be a member of the Legislative Branch if you are not a member of  
Congress?
 
Answer, Section 1 of Article 1 of the United States Constitution:
"All legislative Powers herein granted shall be vested in a Congress of the  
United States, which shall consist of a Senate and House of  Representatives."
 
Read it, the House or the Senate have ALL legislative powers.   Conversely, 
if you are not in the House or Senate, you have NO legislative  powers, which 
means you are not in the Legislative Branch of our government  unless you are a 
member of the House or the Senate.
 
Clearly Mr Cheney is NOT in the Senate, as defined by the Constitution (see  
above), nor has he claimed to be in the House.  If he's not in the  House or 
Senate, he's not in the Legislative Branch.  
 
The Constitution does give the Vice President extraordinary powers that can  
be used to break ties in the Senate - that does not make him a member of the  
Senate and it doesn't make him part of the Legislative Branch.
 
Dave



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