VP Pence Uses His Constitutional Power to Break Tie in DeVos Confirmation Vote

Vice President Mike Pence voted to break a 50-50 tie Tuesday during the confirmation of Betsy DeVos, President Trump’s pick to lead the Department of Education. To the Constitutionally-literate, this wasn’t significant news. But for many who oppose DeVos, the vote was seen as inappropriate.

“Today VP Mike Pence did something no one else has ever done: cast the tie breaking vote on his own cabinet nominee. #RiggedCabinet,” tweeted Senate Minority Leader Chuck Schumer (D-NY).

Article 1, Section 3 of the U.S. Constitution explicitly grants the Vice President the power to break ties in the Senate:

“The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.”

Shortly after the vote, Pence released the following tweet:

Senate Democrats, along with two Republican and two independent senators, voted no to DeVos’s confirmation. Opponents have labeled DeVos as unqualified to lead the Department of Education, with some accusing her of being against public education.

Disagreement over Vice President Pence’s tie-breaking vote is primarily the result of a disapproval of DeVos, and not over the Vice President’s constitutional right to act in such a manner.

It is certainly unlikely that any vice president would break with the president to oppose a cabinet secretary nomination they both have endorsed. While today’s tie-breaker was a first, it wasn’t unexpected.

About Stephen Perkins

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Stephen Perkins envisions a world where people are free to fulfill their God-given potential, collaborate with others, and take ownership in their communities. His mission is to help emerging leaders inspire others and influence change. Stephen founded OUTSET in 2014 as a venue for smart commentary on politics and culture from the next generation of conservative voices. His writing centers around changes within conservative politics, with an emphasis on individual liberties, technology, entrepreneurship, media, and civic engagement. Outside of OUTSET, Stephen can be found enjoying a cigar, red wine, or a drive in his Jeep Patriot named Reagan. Originally from Houston, Stephen now lives and works in the DFW metroplex.