Rep. Diane Black Will Prove Congress Isn't In Recess As Soon As She Returns From Recess

Jonathan Bernstein has caught Rep. Diane Black (R-Tenn.) making what is, in his estimation, the "best self-refuting argument ever." From her press release, announcing her plan to introduce a resolution that will wag a finger at the recent appointments to the Consumer Financial Protection Bureau and the National Labor Relations Board:

"It's astounding to me that the president is claiming these are recess appointments and within his authority, when Congress was not in fact in recess," said Black. "These appointments are an affront to the Constitution. No matter how you look at this, it doesn't pass the smell test. I hope the House considers my resolution as soon as we return to Washington so we can send a message to President Obama."

Har. Of course, what gives Black a wobbly leg to stand on is that congressional Republicans have been staging pro forma sessions -- which technically keep Congress from going into recess -- so that the president can't use a recess appointment to appoint the people whose up-or-down confirmation vote they've been obstructing anyway. (This is, in all fairness, a trick the GOP learned from noted trickster Harry Reid.)

That said, if you walk up to reporters on the Capitol Hill beat and ask them, "Hey, where is Congress?" they will all tell you that Congress is in recess, precisely the place that Rep. Black understands herself to be, while complaining that she isn't.

And that's your Petty Congressional Bureaucratic Death Match update of the day! [Hat Tip: The Awl]

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Comments

[Antonuts]

02:03 PM on 12/06/2012

I have no respect for this lady....she still insists, after all these years, that business owners are the job creators, and that higher taxes on them will me little or no job growth. Its proven that the consumers of products and services from these companies are the ones who really enables business owners to hire people. Don't try to tell that to Diane Black....she's busy, in recess!

[roscoewpa]

01:16 PM on 01/14/2012

Kinda reminds me of Tom Bodett for motel six, " We'll leave the light on". Just because the lights are on doesnt mean your in session.

[blueagle8u]

12:41 PM on 01/14/2012

Once again,GOP game playing,and people out there STILL will vote for them! Amazing!

[handsomeinnc]

10:04 AM on 01/14/2012

Mr. Obama, please please please grow some balls and challenge these fools even more.
America needs a President with Courage and Vision.
Don't let these fools stop you.
Ms Black ... can you now return to the Koch Brothers kitchen?

[Blakjak572]

03:14 PM on 01/14/2012

Unfortunately American government isn't about "balls" it's about rules, the main one being the US Constitution which outlines three branches of government. If you really want the President to do something pay attention to the other branches in November.

[TermLimitsPlease]

06:05 AM on 01/14/2012

Now THAT is funny!

[cheo]

05:16 PM on 01/13/2012

Those who say "Oh, Reid started this by doing it first" should be aware of the situational differences.

When Reid pulled the 'no more official recesses' during the last 2 years of Bush's last term it was because by then Bush had already, according to the Congressional Research Service, made 171 recess appointments to Clinton's 139. Reid waited until Bush had already abused the practice more than any other president before he resorted to the tactic.

By comparison, OPENING the 112th Congress with a schedule already in place to avoid any official recesses, the Right had made their intentions clear. And by officially opposing any and all of his appointments even to departments ALREADY approved by Congress, they gave him no choice. If that's the way they're going to play, hardball is what they deserve in return.
Obama, who had definitely not abused the option of recess appointments, has only made 34--INCLUDING the last group he made just before Christmas--not even close to the rate of either of his predecessors.

I'm just happy to see him be willing to act a little tougher.

[jaggednerve]

01:44 PM on 01/13/2012

I always thought politicians gave out no-show jobs.. I didn't know that being a congressperson is a no-show job..
good work if you can get it.

[TermLimitsPlease]

06:18 AM on 01/14/2012

@ The current salary (2011) for rank-and-file members of the House and Senate is $174,000 per year, plus retirement & health benefits, I'd say it's one of the highest paying no-show jobs a person can get.

I think I know of another way to cut budget spending. I mean, afterall, if all that is needed in the Senate is one person to use a gavel, then we should definiately cut the pork on the remaining seats. And since even a 2 year old can use a gavel, minimum wage should suffice.

[VonMarco]

12:11 PM on 01/13/2012

This is what is so frightening about the CONS, such as this congresswoman, they actually believe their BS L-unacy!!!

[ApprxAm]

06:24 AM on 01/13/2012

repugz

[its miller time]

06:06 AM on 01/13/2012

Can she explain, when she gets back, the logic behind a Party who is supposed to confirm a nominee decides that although they don't have a problem with the nominee they will hold up his confirmation because they don't like the Agency?

I'm sure that will be the first question out of the Judges mouth?

[petekev65]

01:51 AM on 01/13/2012

"...........I hope the House considers my resolution as soon as we return to Washington so we can send a message to President Obama."

Rep. Black proved they were in recess by this comment. They are in recess almost as often as they are working........ and that is using that word loosely.

[Carolyn207]

01:31 AM on 01/13/2012

Good luck to Diane Black proving the Presidents appointments are unconstitutional when the justice department declared the appointments constitutional. The following is an excerp from HP

WASHINGTON — The Justice Department is publicly rebutting Republican criticism of the legality of President Barack Obama's recent recess appointments of a national consumer watchdog and other officials.

The department released a 23-page legal opinion Thursday summarizing the advice it gave the White House before the Jan. 4 appointments. GOP leaders have argued the Senate was not technically in recess when Obama acted so the regular Senate confirmation process should have been followed.

Assistant Attorney General Virginia Seitz wrote that the president has authority to make such appointments because the Senate is on a 20-day recess, even though it has held periodic pro forma sessions in which no business is conducted. Seitz argued the pro forma sessions – some with as few as one member present – have not been sufficient for the chamber to exercise its constitutional authority to advise and consent to normal presidential nominations ----HP. Obama Recess Appointments:Justice Department says they are Constitutional.

[its miller time]

05:54 AM on 01/13/2012

In their opinion.

[sushi27]

07:43 AM on 01/13/2012

And the opinion of Bush's Justice Dept when he did it! That's the funniest part of all this.

[Carolyn207]

12:46 PM on 01/13/2012

Hi Miller time. Hope y're fine.

I'm not sure what you mean.

[OldGent]

01:31 AM on 01/13/2012

What is astonishing, Ms. Black (R-TN), is you and people like you think we people are too stupid to recognize that Congress was on recess. You were so much on recess, that you left as a speaker was still speaking on the floor as the gavel was prematurely banged and then walked from the podium to go home. You then sign up a volunteer to come in every three days to bang the gavel and deem the House in session. Are you crazy? What do you take us for,Republicans? It may have been a practice used in the past, but it doesn't make it right then or now. You just got caught doing it, and we are wiser to Congress' misuse of our public space while accomplishing nothing. For that, you as a participant get the blame along with others, but it certainly was a legal use of power by the President to get something done in Washington for us, the people you are supposed to be serving. You want session? Show up and do something and quit complaining. I am ashamed of you and those like you, no matter what political party represented. Try that on for size.

[sophiajim]

12:56 AM on 01/13/2012

I bet she worked every day for the American people up their on Captial hill. Did she sign in on any of the days off?

[Marvell Martin]

12:19 AM on 01/13/2012

WOLF IN SHEEP CLOTHING !!!