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

[Herb Parsons]

Great response Dave.

So, since his only power given by the constitution is to preside over
the senate, and to vote in case of a tie; what part of the constitution
makes him part of the executive branch?

Oh, and the reason I DIDN'T ask that question is that being a "member"
of the senate was never in question. I'm still pondering on whether I
believe a person must be a MEMBER of the senate or house in order to be
part of the legislative branch of the government.

In other words, are senate aids "part of the legislative branch", even
though they're not members?



Herb Parsons

S/V O'Jure
  1976 O'Day 25
  Lake Grapevine, N TX

S/V Reve de Papa
  1971 Coronado 35
  Lake Pontchartrain, Louisiana Coast

>>> <DCLewis1 at aol.com> 7/12/2007 4:47 PM >>>

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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