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<h1><font size=4><b>Why ACORN
Won</b></font></h1><font size=3>
<a href="http://www.zcommunications.org/zspace/commentaries/4074" eudora="autourl">
http://www.zcommunications.org/zspace/commentaries/4074<br>
</a>December, 13 2009<b>By Bill Quigley<br><br>
<br>
</b>On December 11, 2009, a federal judge ruled that Congress had
unconstitutionally cut off all federal funds to ACORN. The judge
issued an injunction stopping federal authorities from continuing to cut
off past, present and future federal funds to the community
organization.<br><br>
ACORN (Association of Community Organizations for Reform Now) and its
allies in 75 cities will again have access to millions of federal dollars
to counsel people facing foreclosure, seeking IRS tax refunds, and
looking for affordable low cost housing. ACORN, which has received
about $54 million in government grants since 1994, will be able to apply
for new federal programs just like any other organization. <br><br>
The court ruled that Congress violated the U.S. Constitution "by
singling out ACORN and its affiliates for severe sweeping
restrictions" and that such action constitutes illegal punishment or
a "bill of attainder." <br><br>
What is a bill of attainder? Even most lawyers have no idea.
Bills of attainder are acts of congress which unilaterally punish an
individual or organization. Essentially Congress acts as
prosecutor, judge, jury and executioner. <br><br>
The U.S. Constitution has prohibited bills of attainder since 1787.
U.S. founders objected to bills of attainder because in England
Parliament passed many such bills against political enemies, used them to
throw people in prison and even execute them without trial.
<br><br>
Congress punished ACORN without even trying to figure out if any laws had
been broken or allowing the 500,000 member organization to defend itself.
<br><br>
What about protecting the taxpayers against fraud? As the court
pointed out, there are many legal ways for the government to investigate
and terminate federal contractors which have been proven to engage in
fraud or illegal activity. <br><br>
But Congress did not want to wait for trials or proof or to allow ACORN
due process. <br><br>
Conservatives developed a voting majority and imposed punishment without
a hearing or anything.<br><br>
ACORN has been a target of right-wing politicians for years.
Conservatives hate ACORN primarily because it registered over two million
people to vote since 2003 and because it has an overwhelming African
American, working class, democratic-voting, membership. <br><br>
Fox News is obsessed with ACORN. Google Fox News and ACORN
and you will see over two million hits. Google Glenn Beck and ACORN
and you get over a million hits, six hundred thousand for Rush, and three
hundred thousand for Michelle Malkin. Right wing members of
Congress accused ACORN of being a "shell game" using millions
of taxpayer dollars "to advertise for a political candidate"
and which "helped President Obama get elected." <br><br>
After a highly dubious right-wing sting operation in September, the
conservative media machine overran Congress members, including, sadly,
many democrats, and passed the bill of attainder cutting off all federal
funds to ACORN and any affiliates, subsidiaries and allies.
<br><br>
Most Congress reps knew full well this was an illegal bill of attainder
as it was pointed out in the debates and even by the Congressional
Research Office, but voted to let it go through anyway.
Representatives Nadler and Grayson and Senator Leahy, among others,
repeatedly pointed out that this was unconstitutional. Democrats
who voted for the bill of attainder included many who had sought and
received help from ACORN members in the past. They have some
explaining to do.<br><br>
Progressives who remained silent while the nation's largest low income
African American community organization was under attack also should
re-think their lack of support. Did anyone think that if the
right-wingers took down Van Jones and ACORN they would stop there?
What is ahead? Surely the conservative opponents of ACORN will
continue to bloviate and continue to try to put ACORN out of
business. There will likely be fights galore. But with this
ruling the fights will be a little fairer.<br><br>
ACORN won this case. The U.S. Supreme Court has called the
prohibition of congressional bills of attainder a "bulwark against
tyranny." Here the bulwark against tyranny worked to
stop the right-wing smear machine.<br><br>
But the rule of law won too. And all of us and Congress have again
been taught a valuable lesson - there are no shortcuts when it comes to
following the Constitution. <br><br>
Bill is legal director of the Center for Constitutional Rights and one of
the team who represented ACORN in their successful federal constitutional
challenge. You can read the opinion at
<a href="http://www.crrjustice.org">www.crrjustice.org</a> or contact
Bill at
<a href="mailto:quigley77@gmail.com">quigley77@gmail.com</a><br><br>
<br><br>
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