Is Cheney part of the Executive Branch this month, or does he only claim Exec Privilege when it suits him?

Question

White House officials this week have repeatedly declined to declare Cheney a member of the executive branch, instead characterizing debate over his role as an intriguing constitutional question.

White House Deputy Press Secretary Dana Perino noted that Cheney receives his paycheck from the Senate, over which he officially presides. But she refused to offer an opinion on which branch of government holds the vice president, saying instead that he has "legislative and executive functions
http://www.govexec.com/story_page.cfm?articleid=37333&dcn=todaysnews

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Cheney claimed that he does not have to comply with an executive order on safeguarding classified information because his office is part of the Legislature.
http://www.boston.com/news/nation/articles/2007/06/22/cheney_asserts_hes_part_of_the_legislative_branch/
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Dumocrit (below) I normally do not block anyone unless they block me. However, due to your constantly making light of my YA friend - Coragryph -, whom I dearly miss, in your responses to my posts. I am now blocking you and wanted all to know why I am making an exception to my self-imposed rule.
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Answer 1

Interesting question!

The VP is mentioned in Article I Section III as a non-voting member of the Senate unless a tie breaker is needed and the section further states a need for a President Pro Tem for the Senate in case the VP is away taking care of Executive business. Since Article II makes no provision for a stand-in while the VP is doing the business of the Senate, I would say he's considered a full time member of the Executive Branch.

His office is in the White House instead of the OEOB, which is unusual. This indicates an active role in the administration.

I've also heard that the VP position is included in the Cabinet, if you can believe The West Wing television series, which also would make him Executive Branch.

And yet, he gets his paycheck from the Senate. Hmmm

Well, as to the practical matter of which way Mr. Cheney goes, I think he and the rest of the administration have demonstrated they are happy to work the law to fit their best interests. He definitely has responsibilities in both branches and will wear the hat that suits him best at the moment.

Answer 2

Here's one congressman's plan to confirm that Cheney is not part of the Executive Branch. Illinois Congressman Rahm Emanuel has come up with the right response to Dick Cheney's attempt to suggest that the Office of the Vice President is not part of the executive branch. The House Democratic Caucus chairman wants to take the Cheney at his word. Cheney says his office is "not an entity within the executive branch," so Emanuel wants to take away the tens of millions of dollars that are allocated to the White House to maintain it.

Answer 3

He may collect his pay from the Senate, but as the Vice President, any time he is acting at the request of the President, or carrying out official duties other than presiding over Senate proceedings, he is a member of the Administration, ergo, executive branch.

Answer 4

This administration came into office in the first place by playing games with the letter of the law. Why should it be any different now?

Answer 5

Makes no difference to me.

Answer 6

Sorta like, "what is is"?

Commucrats can't stand their own medicine.

Answer 7

only when it suits him.............
or his boss/lackey.................