Originally posted by jhookt
by all means post a link to a right wing news site that will rationally explain the entire situation.
How about I post some of the constitution?
Article 2, Section 1. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice President, chosen for the same term, be elected, as follows:
As the VP is elected under the rules of ART 2, The executive branch, it seems he is a member of the executive. He has no power under this article as "The executive power shall be vested in a President"
Section 4. The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.
But here is Art 2 section 4 that speaks of "all civil officers", which includes members of the judiciary. So just because the office of VP is mentioned here in Art 2, does not necesarily mean VP is within the executive, as the Judiciary is mentioned, and it is certainly not within the executive branch.
Art 1, Sec 3: The Vice President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided.
Here is a passage within the description of the Senate that outlines the VP power as a legislative one...
The VP's only constitutional function in the executive branch is to fill a vacancy. The Speaker of the House and President pro tempore of the Senate have this same function, and they are members of the legislative branch.
I see it as an interesting constitutional argument that as the VP's only power as VP a legislative power, and therefore could be considered a legislator.