Comments about last night's vice-president debate

Firstly, thought it was funny that the two VP nominees tried to use a catchy phrase – “the ultimate bridge to nowhere” and “say it ain’t so Joe”.

Secondly, he looks like a professional –he looks like someone who has spoken at the podium in the well of the Senate; she obviously does not;

Thirdly, nice of Gwen Ifill to bring up Dick Cheney and use him in a question to Palin; saved Biden from having to make that link Bush=McCain; If Ifill wanted to ask a constitutional question of the two candidates, she didn’t have to bring up Cheney;

Fourthly, you know I have to argue constitutional law….

What Role VP?

Biden incorrectly outlined the constitutional role of the job he's seeking. Biden said the vice president's only role is to support the president and to preside over the Senate "only in a time when in fact there's a tie vote. The Constitution is explicit." The Constitution, though, actually says the vice president is always president of the Senate and legal scholars say he has the right to preside at any time. Early vice presidents, such as Thomas Jefferson, actively exercised that role, the vice president still keeps offices at the Capitol, and scholars say it wasn't until the middle of the 20th century that the vice president had an office at the executive office building.

The president pro tempore, usually the senior senator from the majority party, takes over only when the vice president is absent. In recent practice, as the vice president has taken a bigger role in the executive, that's meant the Senate operates almost all of the time without the vice president in the chair.

The executive branch is not defined in Article I of the Constitution as Biden said last night. In fact, Article I describes the legislature, while Article II lays out the executive.

As a matter of a constitutional law debate in regards to VP Cheney in my opinion the true controversy is not that he claims VP is part of the legislative branch. I think the problem is that he, in other times ALSO makes the argument that the VP is part of the Executive Branch as in the energy talks, declassifying top-secret intell.