Defunding ACORN: Necessary and Proper, and Certainly Constitutional

Barring the Association of Community Organizations for Reform Now (ACORN) from receiving federal funds through the Defund ACORN Act is perfectly constitutional. It certainly is not a bill of attainder, as some recent reports have claimed.[1] The House of Representatives voted on September 17, 2009, to specifically prohibit ACORN from receiving federal grants, funds, or contacts, along with any other organizations that have been:

indicted for a violation under any Federal or State law governing the financing of a campaign for election for public office or any law governing the administration of an election for public office, including a law relating to voter registration...that had its State corporate charter terminated due to its failure to comply with Federal or State lobbying disclosure requirements...that has filed a fraudulent form with any Federal or State regulatory agency.[2]

Any organization that employs, contracts with, or retains any individuals that have "been indicted for a violation under Federal or State law relating to an election for Federal or State office" or have such an individual acting on the organization's behalf or with its express or apparent authority is also affected by this ban on receipt of federal funds.[3] This is clearly a prohibition on receiving appropriated funds from Congress or any other federal agency.

The Congressional Research Service (CRS) has issued a report mistakenly concluding that a "court may have a sufficient basis to overcome the presumption of constitutionality, and find that [the Defund ACORN Act] violates the prohibition against bills of attainder."[4] This conclusion is clearly wrong for a number of reasons;...

I agree with the piece that the “Defund ACORN act” is not a bill of attainder. The funny thing is that many of the Congress Critters screaming “unconstitutional bill of attainder” about this act actually voted for an actual bill of attainder earlier this year.

I should also say that I am in favor of criminal investigations of ACORN and their officials, and possible RICO prosecutions. I think the organization falls within the scope of those laws. If the Justice Department won’t investigate, then Congress should do some investigations and some oversight on the DOJ.

Still, I am not 100% comfortable with the Defund ACORN act. I’m not sure it passes muster for adequate ”due process“ protection. There is great potential for a conservative or charitable group getting caught by this Act. Any DA with an ax to grind could get any group defunded with just an indictment. No trial necessary to cut off funds. No opportunity for the organization to present any defense or confront any witnesses against them. It reeks of potential 5th amendment violations.

Add to that the creepy feeling that the Congress can give or take away money at any time for any political reason they want, and I think overall the act was another bad blow to the Constitution and our freedom. IMO, there were better ways to accomplish the goal without these problems.

Just my Opinion. That and a few dollars will get you a cup of coffee at Starbucks.

From the desk of
cc2k:

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