Hypocrisy: Strict Construction
Tricky Dick II (i.e. Dick Cheney) is in the news again for his interpretation of the U.S. Constitution. It seems that Cheney has declared the Vice Presidency to be part of the legislative branch when laws are applied to the executive branch. Conversely, he is part of the executive branch when laws applied to the legislative branch might interfere with his business. Thus he doesn't have to obey the laws that the President and Congress must obey.
What is amazing here is that Cheney's interpretation is hypocritical in light of his application of the doctrine of strict construction which posits that one read the U.S. Constitution with an eye for literal interpretation. Given that the Constitution does not provide for the right to privacy, for example, it does not exist (never mind Amendments 9 and 10 which explicitly state that there are plenty of unenumerated rights and that these are retained by individuals and states). But an interpretation of the U.S. Constitution using the doctrine of strict construction makes the Vice Presidency an office of the executive branch of government.
So what's a poor, strict constructionist to do? Change his defense. Now Cheney has a new argument. His chief of staff and chief counsel, David S. Addington retreated yesterday: "Given that the executive order treats the Vice President like the President rather than like an 'agency,' it is not necessary in these circumstances to address the subject of any alternative reasoning, based on the law and the legislative functions of the vice presidency." Cheney's new defense is that he need not rely on his legislative functions to prove that he's not in the executive, rather he is the executive. The Vice President and the President are the same. That would explain why the founders created two positions.
Of course, Cheney is just a pragmatist who employs strict construction when it's useful (for getting anti-abortion votes) and dumps it when it's not (gay marriage). Academics figured out long ago that strictly constructing Shakespeare, Jefferson, Marx or anyone else was a vapid exercise in automatism. Three branches of government: the executive, legislative, and judicial branches also figured this out long ago. When will the fourth estate to find out? Given that critical thinking (which automatically dispells strict construction) is out of fashion, it may be a long time.
What is amazing here is that Cheney's interpretation is hypocritical in light of his application of the doctrine of strict construction which posits that one read the U.S. Constitution with an eye for literal interpretation. Given that the Constitution does not provide for the right to privacy, for example, it does not exist (never mind Amendments 9 and 10 which explicitly state that there are plenty of unenumerated rights and that these are retained by individuals and states). But an interpretation of the U.S. Constitution using the doctrine of strict construction makes the Vice Presidency an office of the executive branch of government.
So what's a poor, strict constructionist to do? Change his defense. Now Cheney has a new argument. His chief of staff and chief counsel, David S. Addington retreated yesterday: "Given that the executive order treats the Vice President like the President rather than like an 'agency,' it is not necessary in these circumstances to address the subject of any alternative reasoning, based on the law and the legislative functions of the vice presidency." Cheney's new defense is that he need not rely on his legislative functions to prove that he's not in the executive, rather he is the executive. The Vice President and the President are the same. That would explain why the founders created two positions.
Of course, Cheney is just a pragmatist who employs strict construction when it's useful (for getting anti-abortion votes) and dumps it when it's not (gay marriage). Academics figured out long ago that strictly constructing Shakespeare, Jefferson, Marx or anyone else was a vapid exercise in automatism. Three branches of government: the executive, legislative, and judicial branches also figured this out long ago. When will the fourth estate to find out? Given that critical thinking (which automatically dispells strict construction) is out of fashion, it may be a long time.
posted by Definer at 5:13 AM
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