Recent revelations that the Office of the Vice President is not in the Executive Branch brought me to read the government’s brief filed in Cheney v. United States District Court, the 2004 Supreme Court case on whether a civil suit could force disclosure of meetings held by the Vice-President to advise the President on energy policy.
The brief, filed on behalf of the Vice President, argued:
Any attempt by Congress to regulate the President’s ability to obtain advice from officials in the Executive Branch would unconstitutionally interfere with powers expressly reserved to the President by the Constitution. See, e.g., U.S. Const. Art. II,