U.S. District Court Says Congressional Budget Ban on ACORN Appears to be a Bill of Attainder

The U.S. Constitution, Article I, section 9, concerning the powers and limitations of Congress, says, “No Bill of Attainder or ex post facto Law shall be passed.” A bill of attainder is a law that punishes one particular named person or group, without a trial.

On December 11, a U.S. District Court in Brooklyn ruled that it is likely that when Congress passed a budget resolution saying, “None of the funds made available by this joint resolution or any prior Act may be provided to ACORN or any of its affiliates, subsidiaries, or allied organizations,” that that is a bill of attainder. The decision notes that the U.S. Supreme Court has only protected anyone under Article I, section 9, five times in the history of the nation. The order is 21 pages. Thanks to Bill Van Allen for the link.


Comments

U.S. District Court Says Congressional Budget Ban on ACORN Appears to be a Bill of Attainder — 7 Comments

  1. Now let’s see Girshon respond to intervention by Strunk linking prior USDC-NYED cases and now even more relevent various USDC-DC cases seeking quo warranto enforcement of natural born citizen clause on eligibility of elected POTUS/CINC due to the legal status of the alien male parent Obama Sr of said born Obama Jr (and thereby his Obama Jr unconstitutional executive use of ACORN in 2010 census as well as his unconstitutional DOJ enforcement/defense of ACORN for 2008 election ACORN related campaign / voter fraud prosecutions)

  2. The judge is absolutely correct in this decision. There are procedures to bar individuals and groups from receiving federal contracts and grants due to alleged misbehavior. These require adminsitrative hearings in which the individual or organization are allowewd to offer a defense. ACORN was not given the opportunity to defend itself and propose ameliorative measures.

    I would also point out that even if ACORN were guilty of everything that is alleged, the amount of money they would have gained over their entire existence is less than the amount that some defense contractors have gained in a single week.

  3. The only folks with a constitutional *right* to get Fed cash are the top U.S.A. folks (for history reasons) –
    Art. II, Sec. 1 (Prez comp) — Art. III, Sec. 1 (Judges comp) — 27th Amdt (Cong comp).

    All other cash is by ordinary laws.

    What if ACORN was changed to *communist front group* or *agent of a foreign nation trying to take over the U.S.A. by force* — with or without any 1st Amdt stuff ???

    Is all of this stuff just more of the subversion of the Constitution to put taxpayer cash into the pockets of statist gangs by the minority rule gerrymander MONSTERS in the Congress (noting the New Age very large number of both leftwing and rightwing statist gangs trying to get taxpayer cash – welfare gangs (like ACORN) (including the bank bailout gangs), govt contractor gangs, govt employee gangs, etc.) ??? Duh.

    There is a major difference IF the cash getter is a govt officer/employee who exercises his/her constitutional rights and then gets a pay cut as *punishment*.

    ALL Fed/State/local govt spending now is about 40 percent of the GDP.

    P.R. and A.V.

  4. The recent decision talks about that. It’s a good read, especially the last third of the decision.

  5. No one says ACORN or any other group has a RIGHT to a grant or contract. What they and everyone else has is a right to apply for funding under programs, just as when the Air Force issues a Requenst for Proposals for a fighter jet, all contractors have the right to submit their bid. And if Boeing wins the bid they are entitled to be paid as provided in the contract. If a contractor’s behavior is so bad that the government feels they should be debarred, there is a process invoving an administrative hearing.

    Driving is a privilege and the state can take your license away for violations. But you are entitled to a hearing, not to have your license yanked by the legislature without your being able to offer a defense.

  6. Strunk has a long history with Gershon and ACORN related agencies in Brooklyn/Kings County. Let’s see what Strunk files in response to Gershon over reaching and her associations with the WFP and Bertha Lewis. — both in Brooklyn and perhaps in DC.

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