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Constitutional Comments On The Vice Presidency: At Bench Memos, Matthew J. Franck posts his thoughts on Instapundit Glenn Harlan Reynolds' short op-ed in today's New York Times. The op-ed discusses questions about the constitutional status of the vice presidency that emerged during the Palin/Biden debate. Reynolds discusses whether any executive action taken by the vice president is constitutional. For Franck, the Reynolds piece "displays one of the signal failings of politico-legal argumentation today: the promiscuous pronouncement that things that bother us are 'unconstitutional.' " The problem for Franck is that Reynolds overstates the importance of the constitutional question while misunderstanding the law that he claims supports his argument...continue to full post

Full post as published by Crime and Consequences on October 27, 2008 (boomark / email).