Acorn Sues the Federal Government
They’re baaaaaack!!! Those pesky perpetrators of prostitution and perniciousness are fighting back — and they have a very strong case. Seriously folks, if you thought, or hoped, that the government’s action to defund Acorn would shut them up, and shut them down, then you will be dismayed to learn that Acorn has filed suit against the United States Government and others to end the ban on federal funds for the group. The suit alleges that Congress violated the Constitution by denying Acorn due process, by passing a “bill of attainder” unfairly targeting Acorn, and by denying Acorn its First Amendment rights of free speech and association. I am only a recreational follower of the Supreme Court but I have to tell you I think the suit has merit. Conservatives will undoubtedly kick and scream (and Darrell Issa’s office has already done so) but let’s just look at the law and you’ll see what I mean.Â
The US Constitution Article I section 9 paragraph 3: “No Bill of Attainder or ex post facto Law will be passed.” What’s a bill of attainder? A legislative act that singles out an individual or group for punishment without a trial. Does that seem familiar? Here’s how it’s described in an earlier Supreme Court case US v Brown: “The Bill of Attainder Clause was intended not as a narrow, technical prohibition, but rather as an implementation of the separation of powers, a general safeguard against legislative exercise of the judicial function or more simply – trial by legislature.” Here’s how Chief Justice William Rehnquist described it in his book: “A bill of attainder was a legislative act that singled out one or more persons and imposed punishment on them, without benefit of trial. Such actions were regarded as odious by the framers of the Constitution because it was the traditional role of a court, judging an individual case, to impose punishment.”Â
There are only two places where Acorn has been found guilty of anything: one, in Congress, and two, in the Court of Public Opinion. Other than that all we have are damning tapes, allegations of tax evasion, voter fraud, yada yada yada. Oodles of evidence for sure but, for the time being, no finding of guilt by any court. I just wrote a lengthy post about the Supreme Court and their longstanding claim to the right to overrule Congressional laws that violate the Constitution. This case may become Exhibit A. If this ever gets to the Supreme Court it’s hard to see how the Court could not overturn the Defund Acorn Act.Â
In fact, back in September when the defunding act was passed in both houses, the Congressional Research Service (a non-partisan arm that helps all members and committees with research) drafted a piece called “The Proposed Defund ACORN Act: Is it a Bill of Attainder?” and the short answer was, very likely yes. Uh oh! How ironic would it be if the first legal proceeding to result from the whole Acorn affair was their success in suing the government?Â
If it seems that I am having a good time with this I must admit that I am. From the start I have found Acorn trivial nonsense blown out of proportion by conservative hacks because Obama once did some work for them. They are very likely guilty of some of the things of which they are accused but I don’t believe it will ever be shown that there was a widespread conspiracy to defraud voters or anybody else. Acorn is staffed and managed incompetently – that’s dumb but it’s not a Federal crime worthy of this country’s time when we have so many urgent national issues before us.
Hundreds of millions going to this group is certainly no small thing, but then again some may think that. This is not a good group and not worthy of tax-payer money. Maybe Obama is helping with the law suit—keep your shirt on just joking. Just a conservative hack and a dumb redneck, but one that knows a pile of **** when I see one and unlike the cat I won’t cover it up.
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Hundreds of millions?? Come on Ron, that’s just plain wrong. Check any source you want — Acorn received a grand total of $53 million in federal money IN TOTAL since 1994. They were expected to receive between $2-3 million this year before the funding was cut. A small thing? Yes, a VERY small thing even if they are guilty of every charge brought against them. Afghanistan, Iraq, budget deficit, 10% unemployment, climate issues, health care reform, energy independence….yes Acorn is a very small thing indeed.
Mike, that would be 100%correct if you ignore all of ACORN’s affiliated programs and organizations. Then the numbers come far closer to what Ron is saying.
Sometimes loud and annoying just to score a political point can come back to bite one on the behind. This one’s gonna leave a mark…
Mike – Here is a little more detail to the story.
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Aw, shoot. Sorry about that. The url didn’t load up.
http://michellemalkin.com/2009/11/13/another-bogus-acorn-lawsuit/
Dominique´s last blog ..Recount in NY!
Mike,
I think you are had entirely too much of a good time writing this one.
It’s no secret that I dislike ACORN very much. While your argument has merit, let me say this. While the voter defrauding allegations may have been blown way out of proportion, where I have the biggest problem with the group is their tactics when it comes to the housing situation. I have written extensively about that and I honestly believe they played a big part in bring down the housing market. By their tactic of threatening to sue banks if they failed to provide loans to certain groups of people, they overbalanced the housing market with people who purchased homes with no way to pay the money back.
As I said however, your argument about the legislation defunding ACORN does have merit. Most likely, it will get overturned.
Larry, I hope it’s clear to you and everyone else that I am NOT defending Acorn. As I said they are very likely guilty of some of the things of which they are accused. But it’s not up to you and I or Congress to find them guilty.
But the I will not allow the fair and balanced reporting of Michelle Malkin or other conservative bloggers or the NY Giants 4 consecutive losses to take me away from the warmth I still enjoy basking in the glow of the Yankees World Series Championship.
Have a nice day!
Mike,
I have no problem with what you wrote and I know that you are not defending ACORN. Sometimes our wonderful Congress has this habit of jerking their knee when something like this comes up.
So, you still feeling pretty good over those Yankees, eh? Congratulations, by the way.
This is a story that I have been meaning to write about but I haven’t gotten around to it yet. I am one of those conservative hacks that will be kicking and sreaming about this. I am afraid that ACORN possibly does have a case here. But I think that this will set a dangerous precedent if ACORN wins. No longer will the government be able to cut funding in any program in order to trim the budget? Surely any budget cuts will affect some group of people who will consider the cuts unfair? Will they not?
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Thanks MPE for your comments. I don’t think this case will have any impact on future efforts to cut funding to other programs because the criteria for a “bill of attainder” is quite specific to punishment and trial by legislature. Congress certainly has the right to determine how and where to allocate funding; but what they can’t do is cut funding where the intent is directed at a specific target and for punitive reasons. If this goes to Court I’d expect much of Acorn’s argument to draw on the extremely angry and vindictive arguments made in both houses accusing Acorn of various criminal activities, declaring them guilty, and using that logic to cut their funding. That is clearly a punitive action by Congress! I’ll be very surprised if Courts don’t see it that way. But that’s quite different from Congress cutting funding from Company XYZ in an effort to reduce overall spending even if they don’t cut the funding of Company ABC whi is in the exact same business. As long as they don’t make it personal and punitive there is no problem.
And by the way, I’ve been to your site. You may be extremely conservative but you’re certainly no hack. Your posts are well thought out and argued from a position of reason — John Thune not Michelle Bachmann. I disagree with much of what you write but keep up the good work.
You make somw great points, I really do think that ACORN has a case here. It will be hard for the defense to show that this was not done as punishment.
Thanks for the compliments Mike.
Mr Pink Eyes´s last blog ..ACORN sues the government for being defunded unconstitutionally– do they actually have a case?
Tens of millions or hundreds of millions—it doesn’t make any different—the numbers depend on the source. I one supports ACORN the numbers tend to be low and if one doesn’t like ACORN the numbers will be higher. In fact, because of the many groups connected with this Democrat group it hard to get a handle on it. This group that is NOT bipartisan should not be getting a single dime and I would say that if Obama never had any connection with it. The middle is no place to be on this in fact the middle is a place for those who lack firm political convictions. The middle lacks ideals and will be swayed by the forces on the right or left. Yes in the end the vote of the middle will decide most elections, but only after those other forces have swayed a majority of them. The American middle is a place for fools and dreamers and those that just don’t care about the direction of this country. Their will always be a struggle for their vote and the side that passes out the most candy will win the day—-the American system at its worst.
Ron Russell´s last blog ..The Scent of Power
Ron,
I am sorry, but I must disagree with some of your comment. I do not care for ACORN any more than do most conservatives, but fair is fair. No, they should not be getting a dime of taxpayer money, but removing that funding needs to be done carefully. The way Congress is doing it now is a knee-jerk reaction to a bad situation. If such a precedent is to be set, it could have ramifications across the spectrum, even for groups who do deserve federal funds and have done nothing wrong.
As for your comment about the middle vote in this country, let me say this. Just because some voters are not as far left as President Obama or as far right as you and I may be, doesn’t mean they do not have firm political convictions. I would hardly say they are fools or dreamers or that they do not care about the direction our country is headed in. Could it be that they are tired of the strong rhetoric coming from both sides and are only seeking a way to move this country forward and away from the gridlock that is known as Washington, D.C.
Just some thoughts to ponder on.
Thanks Ron, your feedback means so much to me….from the middle of my heart.
Mike don’t take to heart anything I say it just my rightwing extremism coming to the surface. Serious you do write good post and definately have a way with words—reminds me of some attorneys I know. I’m reminded of Henry Clay and the goal of compromise which in the end failed despite his good intentions. Some issues must be decided by conflict and often putting off that conflict will result in even a greater one when the two opposing forces meet. Both Calhoun and Webster were correct, but only one position could prevail and Clay failed to recognize that fact. Just some ramblings from an old history teacher who often gets lost in the past. I struggle to make sense of this changing world and do not like what I see in this country. But again so you do not misunderstand Mike, I do respect your position although my pen may at times be pointed.
Ron Russell´s last blog ..The Scent of Power
I think that there is an unforeseen impact to this. If ACORN sues and is successful, it may take some teeth out of the federal government. For example, when Humana sent a letter to their customers telling them that the Health Care Reform bill will take billions form private medicare plans, there were threats of legislative retaliation against insurance companies that spoke out against the plan(the cuts are factually correct, BTW). Would not a successful ACORN lawsuit prevent the government from punishing others, for simply disagreeing with the majority, or worse, point our what the majority party is doing. Legal precedents can be a (expletive removed)!
BTW folks, voter registration fraud charges in a dozen states, guilty pleas, and a handbook recovered in Las Vegas describing how to commit voter registration fraud might just constitute something a bit larger than “oops we made a bad.”
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Matt, I’m not sure if you’re being serious or not. Do you think it’s the proper role of the majority to punish someone for disagreeing with them? See my response above to Mr. Pink Eyes for my view on the difference between legitimate cutting of funding versus punishment. What Congress did with Acorn effectively is hold a trial and find them guilty. Railing against a company or an industry for disagreeing with policy is politics as usual and though it may be tested by Humana etal, if Acorn wins, I see a distinct difference between that and the Acorn situation.
To your final point, I’m not defending Acorn or suggesting that all the charges aren’t legitimate. But that’s not for Congress to decide.
So, are you suggesting that a private company disagreeing with the government (and being factually correct), and being “punished” legislatively, is “politics as usual,” is OK. But doing the same to an organization that has been investigated in 12 states for voter registration fraud, (in which guilty pleas have been obtained), that published a manual on how to break the law (operation blackjack), that, on tape (in multiple locations) were willing to tell undercover reporters how to evade taxes, defraud the government, and hide child prostitution, that’s somehow bad? Just checking.
You’ve beautifully skewed the argument. I am saying that Congress cannot be prosecutor, judge and jury. It’s all in the approach and the language. Go read the record of statements from senators and representatives of both parties. They made the case that you’ve made though with considerably more detail and flowery language (prosecution) and then they declared Acorn guilty as charged and punished them with defunding. I said nothing about Congress finding a company that disagrees with them guilty of anything and I said nothing about Congress “punishing” that company through legislative action. Finding “guilt” and issuing “punishment” are certainly within the realm of bill of attainder. There is substantial difference between a policy disagreement and Congress making allegations (and findings of guilt) on issues that are legitimately before the judicial branch. What should Congress have done? Maybe get legal advice before taking action that would be found unconstitutional, and then act accordingly….just like they do all the time on other issues. But there was an urgent need to leap without looking and Congress may well burned as a result. Perhaps your issue is with the right of the judiciary to overrule Congressional action — thats a legitimate beef. Acorn is scum but they still have legal rights.
Admit it, Mike. You’re an agent of ACORN. Who but a supporter could make these ridiculous Constitutional arguments and have the audacity to remind us that an American political system relies on checks and balances (also part of the Constitution, if I remember third grade well enough) to run smoothly?
Next you’re probably going to try to get us to buy that the Democrats in Congress were led by right wing outrage (and not by their fervent desire to legitimize ACORN as the fourth branch of government) to make a decision that brought these consequences upon them. I, for one, will look away from your reasoned arguments and continue to print my newest bumperstickers:
ACORN: Some Nuts Just Can’t Be Cracked.
Website info to follow.
How funny. I will have to remember that one.
Bill of attainder leap of logic aside, what about the voter registration fraud? what about the illegally funded campaigning they did for Obama (a story the NY Times sat on), what about the Anita Moncreif allegations? Any of us would be in jail. Why does ACORN get your free pass?
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The timing of your comment is remarkable because on Friday a Federal court ruled that in fact the Defund Acorn Act IS a bill of attainder and issued a preliminary injunction that nullifies the resolution and requires the government to honor existing contracts and review applications for new grants. So I’d say the bill of attainder “leap of logic” was rather accurate.
Second, I have stated and restated that I am in no way giving Acorn a “free pass”. If they are guilty of the crimes of which they are accused then they will be found guilty by proper judicial measures. Do you have a problem with allowing them access to our judicial system or shall we just send out a posse, round em up, and hang em all from the nearest tree?
The State of North Carolina in it’s role administering Medicaid, is cutting out my girlfriend’s human growth hormone which was prescribed to her by her physician due to total pituitary failure. Without it,
she will slowly die. Acorn is the only advocate she has to fight this action. To bad Fox News won’t report on this angle.
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