Instead, Tribe believes there is a distinction between breaking a tie on legislation and breaking a tie on a nomination. It’s a very convenient epiphany, but one supported by neither the Constitution’s text nor the Senate’s historical practice. Justice Elena Kagan touched on it earlier this year in her opinion in Chiafalo v. Washington. Liberals don't even know Joe Biden policies do they? Both men won election as president immediately after serving as vice president. As far as the Constitution is concerned, the procedure is identical. Nonetheless, the Constitution dictates that the president and vice president are to be elected at the same time, for the same term, and by the same constituency. The framers' intent was to preserve the independence of the executive branch should the person who was vice president succeed to the duties … Home » politics » US Vice President has only two official duties. The vote produced plenty of political commentaries, but no constitutional challenge. The extent to which a vice president is able to advise the president and play an active role in policy decision-making depends on the relationship between the president and the vice president. (1) Nominations and legislation are different processes; (2) tie-breaking votes on legislation are common, but no vice president broke a tie on a judicial nomination until 2018; (3) this new practice can, therefore, be distinguished from the old and there are good, prudential reasons for doing so. The Vice President of the United States is President of the Senate and must act as President of the United States when the President is unable to do so. The express powers of the vice president of the United States are to be the presiding officer of the Senate, to act as a ceremonial assistant, to cast the swaying vote if there is a tie in the Senate and to be prepared to take over presidential duties should the president be unable to serve, according to the U.S. Senate page. This council of legislators made appointments with no subsequent approval needed from the legislature. Even if you accept the strained reading that creates a constitutional ambiguity, it is one that was long ago resolved. (Calhoun actually voted against Van Buren, because Calhoun and Jackson had by then become political enemies.) ), The Secret Science of Solving Crossword Puzzles, Racist Phrases to Remove From Your Mental Lexicon. Did the president have a limit on his nominating power that the governor did not? Have any of them been subject to a tie-breaking vote in the past? In Laurence Tribe’s telling, the vice president’s tie-breaking vote does not apply to judicial nominees. His action was not considered out of the ordinary. Festival of Sacrifice: The Past and Present of the Islamic Holiday of Eid al-Adha. $10,000 off in student loan debt, why NOT vote for Senator Harris and Biden? Kyle Sammin is a lawyer from Pennsylvania, a senior contributor to The Federalist, and the co-host of the, Yes, The Vice President Breaks A Senate Tie On SCOTUS Nominees. The Vice President of the United States is President of the Senate and must act as President of the United States when the President is unable to do so. But look closely: we started out talking of “nominations,” then focused on “judicial nominations.” Why the shift in emphasis? This difference makes up much of Tribe’s argument. “Long settled and established practice,” she wrote, “may have great weight in a proper interpretation of constitutional provisions.”. The vice president has few constitutional powers or duties, but one specifically granted him is that he presides over the Senate and in the case of a tie, may vote. Breaking a tie on judicial appointments, though, would give the vice president power over the entire appointments process since it is only the Senate that weighs in on such matters.”, That would be a reason to make such a distinction, perhaps, but there is no evidence that any of the Founders actually did make that distinction. Copyright © 2020 The Federalist, a wholly independent division of FDRLST Media, All Rights Reserved. Vice presidents have been casting tie-breaking votes since 1789. Pence broke a tie on the nomination of Betsy DeVos for secretary of education in 2017, as well. They gave the president the power to grant pardons “except in Cases of Impeachment.” They said Congress could make federal election rules that override the states “except as to the Place of choosing Senators.” And they said the Constitution could be amended in nearly any way except that “no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.”. By 1788, New York had already developed some customs and controversy over this clause. They have cast them on nominations since 1806. Tribe distinguishes nominations from legislation, saying that what applies to legislation was never meant to apply to nominations. Tie-breaking votes (sometimes called “casting votes”) are somewhat rare but undoubtedly constitutional.
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