Why ACORN Won
By Bill Quigley. 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 www.crrjustice.org or contact Bill at quigley77@gmail.com
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.
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.
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.
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.
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, using them to throw people in prison and even execute them without trial.
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.
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