Posted on 11/13/2009 2:10:01 PM PST by Señor Zorro
(CN) - ACORN claims the House of Representatives passed an unconstitutional bill of attainder, singling it out for funding cuts after ACORN counselors were caught on videotape giving mortgage advice to people posing as a pimp and a prostitute who said they wanted to set up a brothel.
ACORN - the Association of Community Organizations for Reform Now - says the House violated the Constitution by singling it out in a provision to a bill on college lending that cut the antipoverty group off.
"ACORN has been penalized by Congress without an investigation," the group says in its complaint in Brooklyn Federal Court.
Republicans have long accused ACORN of fraud in its voter registration drives. The videotaped sting came as political gold, and has made national headlines.
This request for declaratory and injunctive relief is ACORN's first legal response since the brouhaha erupted.
ACORN wants its funding restored.
It is represented by Darius Charney with the Center for Constitutional Rights.
ACORN also calls child prostitution “business as usual..”
I doubt that any of those ACORN workers filmed by James and Hannah even know what a Bill of Attainder is.
Watch them find some judge that agrees with them. Apparently federal funding is a basic civil right for ACORN.
Cutting Funding <> Criminal Punishment.
And yet ACORN was perfectly okay and cheering about AIG execs getting taxed 90% after the fact...
Which was highly unconstitutional...unlike yanking ACORN funding.
Very strange how they (and most liberals) only find the Constitution useful when it applies to them.
Be very careful what you ask for.
My knowledge of federal courts practice is a bit rusty, but doesn’t this case belong in the Court of Federal Claims?
;-/
Fortunately, Brooklyn isn’t in the Ninth Circuit. This would be laughed out of any self-respecting courtroom, and I have a hard time seeing the 2nd Circuit buying into it.
>>Very strange how they (and most liberals) only find the Constitution useful when it applies to them.<<
Actually no. There is some magical, mystical Constitution that exists in their own heads that makes what THEY want a RIGHT. Health Care — a Right. Housing — a Right. College — a Right. Money for Underage Prostitutes and Child Smuggling — a Right.
They have no use for the REAL Constitution.
This is the biggest stretch imaginable. These “lawyers” are nuts and should be sanctioned (but they wont be).
>>My knowledge of federal courts practice is a bit rusty, but doesn’t this case belong in the Court of Federal Claims?<<
It belongs in the Court of Jesters.
Exactly. Though lefties on the court would love to hand Acorn the keys to the vault--and would if they could--even they have to know this is not a can of worms they can open. Constitutionality aside (because leftists don't consider that anyway), redefining a bill of attainder to include funding cuts would open the door for anyone and everyone who ever got a handout to demand their "right" to be funded in perpetuity.
Excellent point.
Unfortunately, there may be some other legal issues if contracts were cancelled.
And that door has already been opened to a limited extent. Individual entitlements are already considered “property” for purposes of due process. For example, if you’re entitled to a welfare check under a statute, you can’t be denied that check without due process.
In fact, I’ll bet that’s the analogy they’re going to use. However, it’s never been held that the legislature can’t end that entitlement without due process.
Tis a bad world we now live in. So what can we do about it?
How many Republicans has ACORN registered vs. Democrats?
“no longer receiving free money from the government” is not a punishment.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.