[Peace-discuss] Fw: Why ACORN Won

[unionyes]

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From: <moderator at PORTSIDE.ORG>
To: <PORTSIDE at LISTS.PORTSIDE.ORG>
Sent: Wednesday, December 16, 2009 8:36 PM
Subject: Why ACORN Won


> Why ACORN Won
> 
> "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."
> 
> By Bill Quigley
> Dec 12, 2009
> Common Dreams
> http://www.commondreams.org/view/2009/12/13
> 
> 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, used 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.
> 
> 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.
> 
> But Congress did not want to wait for trials or proof
> or to allow ACORN due process.
> 
> Conservatives developed a voting majority and imposed
> punishment without a hearing or anything.
> 
> 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.
> 
> 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."
> 
> 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.
> 
> 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.
> 
> 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.
> 
> 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.
> 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.
> 
> 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 at gmail.com
> 
> From: Z Net - The Spirit Of Resistance Lives
> http://www.zcommunications.org/zspace/commentaries/4074
> 
> Commentaries:
> http://www.zcommunications.org/zspace/commentaries/
> Comment:
> http://www.zcommunications.org/zspace/commentaries/4074
> #AddComment
> 
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