The following is meant not too humorously…. From the “if you want an example of sovereignty” Dept.
If the “sovereign is he who decides on the exception” (Schmitt, 1922) then Vice President Dick Cheney just made a play to act as sovereign–and failed.
This story emerged over the last few days when VP Dick Cheney claimed in 2004 he wasn’t in the government, or at least wasn’t in the Executive Branch (raising comic possibilities of a “Fourth Branch” of government). He made this claim because he didn’t want his office to be subject to the oversight about security of records required for the National Archives Information Security Office. Then Cheney even tried to abolish the office that performs the oversight.
Cheney basically claimed a state of exception!
When asked if this meant that the VP office was outside oversight, a White House spokeswoman claimed that it was all quite “an interesting constitutional question that legal scholars can debate.”
Maybe she should have said “you might well say that, but I couldn’t possibly comment…”