“Every oak tree started out as a couple of nuts who decided to stand their ground.” It’s important to remember this saying when considering the federal lawsuit that ACORN has filed claiming that its federal funding cuts were unconstitutional. ACORN claims in its suit that Congress defunded it through an unconstitutional “bill of attainder”. ACORN relies on a dubious Congressional Research Service (CRS) analysis that raises the question of whether Democrats are turning the nonpartisan CRS to partisan ends. Even worse, it appears that Americans must depend on Obama Attorney General Eric Holder to defend them.
The Constitution’s Bill of Attainder Clause prohibits passage of bills of attainder. A bill of attainder is a legislative act that declares a person or group guilty and punishes them without benefit of a trial. The Bill of Attainder Clause implements separation of powers.
A law may be a bill of attainder if it meets a two-pronged test, analyzing specificity (specifically identifies a person or a group of people) and punishment (traditional punishment or “functional punishment” with punitive intent). Traditional punishment includes deprivation of life, liberty, or property; and denial of employment. “Functional punishment” includes imposition of a legislative burden lacking a regulatory purpose, where there is evidence of the legislature’s punitive intent.
ACORN claims that Congress’ funding ban was a bill of attainder, relying on a dubious Congressional Research Service (CRS) analysis. CRS analyst Kenneth R. Thomas concludes that the “specificity” test was met. But, he doesn’t conclude that the “punishment” test was met since “withholding of federal contracts or grants does not appear to be a ‘traditional’ punishment, nor does the legislative record so far appear to clearly evince an intent to punish”. The CRS acknowledges that ensuring federal funds are properly spent is a valid regulatory purpose, and concedes that courts will generally defer to Congress as to the regulatory purpose of a statute absent clear proof of punitive intent (proof he acknowledges is absent). Despite these legal shortcomings, he reaches the dubious conclusion that there may be sufficient basis to overturn the funding ban.
The CRS analysis raises the question of whether Democrats are turning the nonpartisan CRS to partisan ends. In a previous analysis, Mr. Thomas concluded that Supreme Court nominee Sonia Sotomayor consistently upheld stare decisis – despite the fact that 60 percent of her decisions had been overturned. True, Mr. Thomas is a veteran constitutional lawyer (who rightly concluded the unconstitutionality of giving House representation to the District of Columbia). True, unanimous constitutional consensus is hard to find among lawyers, law professors, and judges. Yet, ACORN’s lawsuit and this dubious analysis seem nuts.
Even worse, it appears that Americans must depend on Obama Attorney General Eric Holder to defend their rights. We can rest assured that the ACORN nuts will stand their ground. But, Holder dropped voter intimidation charges against the Black Panthers in the case where paramilitary garbed Black Panthers brandished nightsticks and made racial threats at a Philadelphia polling place in 2008. It seems that Republican Congressmen must intervene in the case, if possible.
Once again, don’t forget to thank this heroic and embattled organization for all the great work they’ve done across this nation for decades in low-income housing and helping regsiter the poor to vote, by donating here:
https://salsa.wiredforchange.com/o/2749/t/4538/shop/custom.jsp?donate_page_KEY=2769
I have never seen a large organization liberal,conservative or somewhere in between that did not have some corruption and incompentent people involved.
Acorn is working to correct the situation and when they do funding should be restored. Since they work mostly in poorer areas, I would expect the republicans to oppose this restoration of funding.
Overall Acorn has done a great job in many areas.
If funding is not restored when the problems are addressed then perhaps funding to some favorite conservative organizations and causes should be cut off also.
I am certain some undecover liberals could expose something, especially if they stoop to the levels that were gone to, to find something juicy relating to ACORN.
it does not surprise me to see 2 lefties far left vern and benson defending acorn . its like the o j simpson lovers a scene of him killing someone would not be enough proof . acorn is a BAD ORGANIZATION who got caught red handed . and as far as to stooping to levels how low would the lefties go to find out stuff about others .
Jim, I made the decision not to rise to the bait of even mentioning the tiny Acorn micro-scandal that happened in September. I’m sure the one or two folks involved have been fired and disciplined somehow.
There is ample evidence of ACORN engaging in widespread voter fraud. Anyone who cherishes democracy should oppose sending taxpayer money to an organization that undermines and corrupts democracy as they have.
Feel free to give of your own money. Just leave mine alone.
There is NO evidence of ACORN voter fraud. You should know that was just GOP propaganda.
When some ACORN voter registrators were paid per voter, a few of them signed up fictitious names – to fool ACORN and get paid more. THIS IS KNOWN BECAUSE ACORN REPORTED IT, and fired those workers. And needless to say, NONE of those fictitious names (such as Mickey Mouse) ever showed up to vote.
If you are indeed a Rogue Elephant, you shouldn’t fall for the more egregious bullsh*t some of your party spews out.
Maybe you all need a Republican version of ACORN, to troll through wealthy neighborhoods and white areas of the south where folks are likely to vote Republican and see if anyone’s not yet registered or needs legal help or help getting a place to live.
well , well our blind friend far left vern . acorn= no voter fraud . when you cheat folks and sign up people who are not suppose to vote and then they vote . i am going to look at the people who signed them up . of course in the far left world this is a gop propaganda . you guys dont ever do anything wrong its always the g.o. p faults . acorn not guilty of voter fraud HA HA HA HA HA HAA HAA HAAAAAA .
I hear even the dead are voting-
LOL LOL
Vern,
If you support responsible federal spending on the sort of social programs ACORN allegedly engages in, you should support sending it to other organizations – not ACORN who stinks of corruption. Your dedication to ACORN seems driven by pure partisanship. (i.e., You love them because the GOP hates them.) Perhaps you should rethink that sort of logic.
BTW, the definition of “rogue elephant” is “a wild and vicious elephant separated from the herd.”
http://www.thefreedictionary.com/rogue+elephant
ACORN who stinks of corruption
Well, there’s no evidence of corruption against them, yet they “Stink” of it. That is solely because Fox, Rush, Glenn and Sean have spent years saying “ACORN, corruption, ACORN, corruption.” Works real well to create a stench.
You love them because the GOP hates them.
Not really. It’s more like I feel driven to speak up in their defense because they are so regularly and unfairly maligned. Otherwise they’d just be another worthy organization like Red Cross or Amnesty that I would toss the occasional 25 bucks to.
the definition of “rogue elephant” is “a wild and vicious elephant separated from the herd.”
I get the “wild and vicious” part; I’m just not so sure how separated from the herd you really are.
see what i mean far left vern blames , hannity , rush . the gop . beck, for acorn . i state my case in my prior post . hey vern i support move on and acorn can you send me some $$$$$$$$
Love you, Vern!
XOX