Vice President Cheney in chain of command?

[David Farber <dave () farber net>]

Begin forwarded message:

From: Richard Wiggins <richard.wiggins () gmail com>
Date: June 18, 2004 1:07:18 PM EDT
To: David Farber <dave () farber net>
Cc: "Bernard A. Galler" <galler () umich edu>
Subject: Vice President Cheney in chain of command?

The staff of the 9/11 Commission reports that amid massive confusion
at the FAA and the Air Force, Vice President Cheney authorized the
military to shoot down airliners that were off course and not
responding.

http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2004/06/18/ 
MNGP278BI21.DTL

Cheney's decision was undoubtedly the right answer in the midst of
chaos, but my question is, did he have that authority under the
Constitution?

The 25th Amendment provides "Whenever the Vice President and a
majority of either the principal officers of the executive departments
or of such other body as Congress may by law provide, transmit to the
President pro tempore of the Senate and the Speaker of the House of
Representatives their written declaration that the President is unable
to discharge the powers and duties of his office, the Vice President
shall immediately assume the powers and duties of the office as Acting
President."

I don't see a provision that gives the vice president power if the
President is continuing to read to schoolchildren, or driving the
wrong way to the airport in Florida, or cannot be reached by phone.

Unless the Vice President assumes the role of Acting President, or the
President dies, isn't his only formal power under the Constitution
breaking ties in the Senate?  In a time when decisions need to be made
in minutes, is this a flaw in the chain of command?

/rich



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