Arguing that the VP belongs to the legislative branch either looks like desperation or a Constitutional illiteracy that should disturb everyone, not just Democrats. - Captain Ed

The argument that the Vice President is a legislative official isn’t inherently absurd. - Glenn Reynolds

I’d have to say advantage, Instapundit. Primarily, if you look at the source document for this difference of opinion, the only place it mentions what the Vice President is supposed to actually do, other than be on standby for the dead President scenario, is to be the President of the Senate. A function, btw, that is mentioned before the narrative even gets to the “Executive Branch”. Hmmm. And speaking of that section, which Captain Ed quotes, seems that it only mentions how the VP gets elected. And other than the specific action of assuming the office of the Presidency following the untimely vacancy of a current occupant, he’s supposed to do…what? Seems to me the only other thing it mentions is to cast that tie breaking vote if the Senate is evenly split on a matter.

I’d think that the case seems fairly strong that the VP isn’t inherently an executive branch office - despite the practice, of late, as Reynolds outlines, of using the person holding the office of VP as a seemingly de facto executive branch member.

Of course, this opinion derives solely from a plain reading - without inferring nuance, unwritten custom, barometric pressure in Baltimore, or anything else, for that matter.

Living document, Ed? Or merely a handy foil? Hmmmm.