It's been six years since Vice President Richard Cheney's energy task force provided the blueprint for the Bush administration's energy policy. Critics of the task force contended it was too reliant on input from industry officials. The administration's energy plan was "weighted on behalf of those who had special access," Representative John Dingell, Democrat-Michigan, said.
What makes the task force an object of interest and curiosity is that its actual day-to-day work, including minutes of meetings, who it met with, and the recommendations it accepted or rejected, are kept from public scrutiny by Cheney's claim of executive privilege.
It was an early example of Cheney's imperial vice-presidency. However, does Cheney have the right to invoke executive privilege if he is not actually part of the executive branch? His office recently made the extraordinary claim that the vice president is not an "entity" within the executive branch because he also serves as president of the Senate. Therefore, Cheney was justified in refusing to comply with a presidential order regarding the release of classified information by members of the executive branch.
But since Cheney was not really embracing membership in legislative branch - the Senate presidency requires Cheney to show up only rarely, in the event of a possible tie vote - he appeared to have staked out a role as the sole proprietor of a heretofore unknown fourth branch of government - neither executive nor legislative nor constitutional.
The White House wrestled awkwardly with the vice president's claim, ultimately calling it a non-issue because it turned out that the president himself had relieved Cheney of the obligation to comply with the order, regardless of where he placed himself on the organizational chart.
Officially, the vice president remains within the executive branch, and the privileged proceedings of the energy task force remain safe from prying eyes. However, should a future administration lift the veil of secrecy, who knows where the task force papers will be hidden? Deep underground in an executive branch archive? Possibly in tattered boxes at a legislative branch storage facility? Or buried in Cheney's backyard?
It is indeed inconsistent to claim both executive privilege and a legislative office. The V.P.'s role is rather minimal in the constitution. The main job really was meant to be President of the Senate. How many VPs have had an active executive role? Not many; it's a recent innovation that only began in earnest with the previous administration. Most of the time, the nos. 1 & 2 have been balanced by region or party wing (Roosevelt-Garner), many of them were rivals (e.g., Adams, Jefferson, Burr; Kennedy-Johnson; Reagan-Bush). Gore was a rivel-turned ally of his president; Cheney an ally-mentor. A new role, indeed, and debatably not such a sound idea.You struck another important point; that of hidden (or destroyed)documents. Let us insist that the precedent of the last administration does not continue beyond this one.
Thanks for the comment. John Nance Garner, FDR's veep for the first two terms (who then contested FDR's nomination for a 3rd term), once said that the vice presidency is not worth a bucket of warm spit (reportedly Nance used an earthier term). Certainly, the vice president ought to be given more to do than attending funerals of foreign notables and being available should something happen to the president. But considering Cheney's tenure, maybe not.