The Non-Executive Branch VP

Over the last two days I've been reading a lot on the Constitutional theory being expounded by VP Chaney's office that the office of of the Vice Precedent (OVP) is not a part of the executive branch.

"The Vice Presidency is a unique office that is neither a part of the executive branch nor a part of the legislative branch, but is attached by the Constitution to the latter. The Vice Presidency performs functions in both the legislative branch (see article I, section 3 of the Constitution) and in the executive branch (see article II, and amendments XII and XXV, of the Constitution, and section 106 of title 3 of the United States Code)."

I'm not going to contest this theory here, rather I'm going to explore some consequences that follow from this position.

First, if the OVP is not a part of the executive branch is not the OVP out of the chain of command? If the VP gave an order, directive, etc to a member of the executive branch would not that order, directive, etc be unlawful? This would be of particular importance the military.

Next, can a person or office hold a position of trust in the government of the United States and not be a member of the executive, legislative, or judicial branches? Related to this is can the President delegate any of the duties, responsibilities, or authorities of the Executive Branch to someone who is not a member of the executive branch? Could this be done for the Office of the President of the Senate?

Does the OVP have 'executive privilege'? Or for that matter any of the rights, privileges, or prerogatives of the Presidency and/or can the Precedent extend them to the OVP?

Finally how does the Congress fund the OVP? Would not the Congress have to fund the OVP separately from all the other branch's of government? If fact could they do this legally or would they need to fund just the Office of the President of the Senate?

It seems to me that this argument makes the VP just an office that has no right or ability to participate in the government of the United States. That all authority for the VP to do anything derives from his position as the President of the Senate.

What's your take?

Katrina & the White House

What has happened in the gulf coast of Mississippi & Louisiana should make every US citizen take a moment and think about how prepared they are for a disaster.  With many days warning that  a major (level 3 or higher) hurricane was headed for the northern edge of the Gulf of Mexico and two days warning that it was headed for the mouth of the Mississippi river (and New Orleans) it still took days and days for the relief effort to get started.  Anyone who lives where a disaster, natural or man-made, can hit an area larger that a few tens of square miles should take what happened to heart and start make there own plans.

If you are middle income or less then the Federal Relief effort has given you fair warning, you’re on your own for the first week after things settle down.  If Homeland Security, Fema, and the US military can take two to five days to get its act together just how long will it take them when they are caught truly flat-footed?

By the way, did anyone notice how fast the US relief effort for the tsunami last year and how slow it was for Katrina?  What has changed?  Does this administration think that Americans don’t need help as much as people of India Ocean?  Does the White House think that Americans don’t need help because ‘All True Americans’ take care of them selves and don’t go ‘hat in hand’ begging for help when a disaster hits?  I don’t think so, so I’m left with only one other conclusion; they are incompetent or they just don’t care that much.  We should know soon.  I wait with baited breath.

A High Tech in a low tech job market

I, with my partners, had to go thought the painful process of closing our company back in June of this year. Being “self” employed I get no help from the state, AKA Unemployment Insurance, so I’ve been looking for a new job since then. Two weeks ago I had to take a job as a “rent-a-cop” just to pay the bills. I’ve had it with all of the people who keep telling me I need to get retrained into high tech.

I am using Monster, Dice, Careerbuilder, Gamasutra, and GameDev.net websites to look for any possible leads. I’ve been a computer programmer for over 30 years now so I should think I have enough experience and I’ve gone and shaved off my beard, it had gone from red to white, so as not to look so old. I have a degree in Political Science (Jurisprudence) with a strong minor (one course short of a dual degree :( ) in History and a degree in Software Engineering. How much more high tech do I need to be?

Finally, I’ve come up with a little prayer, or positive thought for those who don’t want to pray:

“Dear Load, please help me look in the right place to find the job I’m looking for.”

A really good Actor

Has anyone, other then me, noticed just how good an actor G.W. is? He was elected, in part, by telling the electorate that he was “just plain folks”. An lots of them bought it. I’d like to know how someone can be “just plain folks” with his background. He was born into a wealthy family. He brags about how a “C+” student can still succeed and yet he made it into Yale (which in the 60s was asking for 3.9 GPA and be in the upper percentages of the SAT/ACT) by a legacy admit ion. He also got into Harvard Law School, which is, if not the toughest, is one of the top five most exclusive schools in the country. Finally he was able to get into the National Guard during a time that every open slot had several hundred applications.

“just plain folks” NOT

Take one Constitution and call me in the morning

So here I go, writing down my opinions and observations........

I got a big kick out of lessoning to several of the talking heads this morning explaining how that when the new Iraqi constitution come out tomorrow everything is going to start getting better. Even though it will most likely either be rejected by one side because it will set up a federal state with strong regional power, or it will set up a unitary state with weak regional powers. It will also have problems over wither Islam will be "the" source or "a" source of law. Sounds like the constitution is in for a long hard fight no mater what from it takes.

I wonder if any of the people who got us into this "interesting" situation have given any thought to where we will be if Iraq ends up with a constitution that makes it a strong unitary state with little regional power, that uses Islam as the "the" source of Iraqi law and where women have few if any legal or political rights? Wouldn't this leave us with only one justification for our preemptive war?

WMD: Not there
Attack terrorists: Not there when we started, but there now.
Bring democracy to Iraq: Only if you think Iran is democratically ruled.
Get rid of Sadam: Well, he is in custody. So that could count but he has yet to arraigned or tried.