I have an idea how to decide this issue. Let us look at the Constitution: Article Two creates the Executive Branch while Article One creates the Legislative Branch. Here is what Article One says about the Vice President:
SECTION. 3. ***Does he sit on any committees? Does he propose legislation as any other Senator would do? No and no. You know the saying about if it walks like a duck and sounds like a duck....?
The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.
How does Cheney do this without laughing at himself? If I made this kind of argument, I would be sent off to a rubber room. So why make the argument at all?
Keith Olbermann on MSNBC has some great stuff on this here and here. One of those brought up the unitary executive theory. If you do not know about this theory, follow the link and come back. Seriously, it is that important to know about this idea. Back already? Ok, the President is a dictator over the Executive Branch.
Happily, I never even considered for Bush and Cheney. I wonder who did that thought they were bringing this idea into their offices. Of those who did vote for our fearless leaders, I wonder how many like this idea. More importantly: h0w many of those happy Republican warriors championing Gore's Florida defeat would feel the same if Gore were in office and making these kind of pronouncements?
Other than advancing a political theory, does Cheney's position have any practical effect? Is there a reason for him not wanting others to know how he is handling classified documents? None that anyone has mentioned but then we do not know what documents he has been playing with, do we?
For more reading: The Washington Post has an article, The New York Times has an editorial and an article.
If you want to do some more reading on the unitary executive theory, here is another article. There is more information on the United States Constitution here from the Library of Congress.