Is de-funding ACORN an unconstitutional “bill of attainder”?
by George Bennett | September 18th, 2009
Wexler
Wexler was on the losing end of a 345-75 House vote in which local U.S. Reps. Ron Klein, D-Boca Raton, and Tom Rooney, R-Tequesta, voted with the majority and U.S. Rep. Alcee Hastings, D-Miramar, answered “present.”
A bill of attainder, forbidden in Article I, Section IX of the constitution, is a legislative act that imposes punishment on a specific person or group without a trial or hearing. But there’s legal precendent allowing a law that singles out an entity if “the law under challenge, viewed in terms of the type and severity of burdens imposed, reasonably can be said to further nonpunitive legislative purposes.”
UCLA law professor and blogger Eugene Volokh offers this discussion of the matter and concludes: “My rereading of the precedents leads me to confidently and unambiguously say, ‘I don’t know.’ “
Tags: ACORN, bill of attainder, U.S. Constitution
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September 18th, 2009 at 11:28 am
My understanding of a bill of attainder is that it prevents the Congress from legislatively singling a person out and voting whether that person is guilty of a crime. This would bypass the normal due process that is due Americans.
In this case, it is hard to see how this provision applies since no group is entitled to funding and funding can be rescinded as easily as it was granted.
A decision to not fund an organization is not a bill of attainder in my opinion.
September 18th, 2009 at 11:32 am
The Edward Lynch Campaign had this to say this morning. Not Suprised that the liberals at the Post refuse to print “NEWS”
West Palm Beach, FL, September 18, 2009 – True to form, Congressman Robert Wexler wants it both ways about ACORN’s apparent criminal activity. Perhaps even more pathetically, Congressman Wexler’s absurd rationalization for his vote reeks of hypocrisy, and further proves his own ignorance about the Constitution . Yesterday, Congressman Wexler was one of only 75 Democrats who voted to continue public funding to ACORN, even after undercover footage showed ACORN employees offering advice on how to set up a brothel, instructing people on how to launder money, encouraging people to lie in order to obtain a mortgage, and most deplorable of all- covering up and encouraging the trafficking of underage children for prostitution.
“Congressman Wexler claims he voted against defunding ACORN because, quoting him, “It’s a Bill of Attainder, which is unconstitutional and is not going to be held up in any court of law in the United States.” While we applaud Congressman Wexler’s newfound appreciation of the Constitution, voting to strip ACORN of public funding does not constitute a Bill of Attainder. There is no Constitutional right to taxpayer monies, and Congress can pull funding from any organization, program, or agency at its discretion. 172 Democrats voted to defund this vile organization because they clearly see that ACORN’s activity is deplorable and almost certainly will be found violation of several federal laws,” explained Edward Lynch, candidate for Congress in Florida’s 19th Congressional District.
Meanwhile, back on March 19, 2009, Congressman Wexler had a chance to vote against an actual Bill of Attainder— when the House of Representatives overwhelmingly approved a near total tax on bonuses paid to employees of the American International Group and other firms that accepted federal bailout funds. Congressman Wexler voted YES to tax AIG bonuses at 90% (HR 1586).
“Not only is Congressman Wexler ignorant about the Constitution, he is willing to look the other way when one of his cherished radical organizations is clearly in violation of the law. By not voting immediately stop funding ACORN, the same criminal conduct that was identified could continue on indefinitely. Apparently, encouraging the trafficking of children for purposes of prostitution is tolerable conduct for our unaccountable Congressman from Maryland—otherwise, he would have voted to immediately defund ACORN, regardless of any bogusly-claimed Constitutional considerations,” said Lynch.
September 18th, 2009 at 11:41 am
I really do not expect Mr. Wexler to understand the constitution, even though he is an attorney. He does not understand the constitution when it clearly says that a congressman should live in the state that he represents. He chose to live Maryland. I guess that Mr. Wexler was absent the day they taught law in law school.
This criminal must not be in congress anymore.
I am supporting Edward Lynch for congress. He is a great candidate and he has got a great message.
September 18th, 2009 at 12:42 pm
No, I am sorry Congressman Wexler, you do not get a free ride on your ACORN vote. Your vote reflects your support of an organization which has no problem enabling child prostitution, child abuse, tax evasion and any other crime which comes their way. Any elected official who supports this group condones their behaviour…period.
September 18th, 2009 at 1:03 pm
Our founders saw parliamentary abuses through bills of attainder. They were smart enough to explicitly prohibit them in our Constitution. Surely there’s a way to discipline ACORN without blatantly defiling our beloved Constitution. Maybe we could punish them a la Wall Street and fork over $800 billion dollars.
September 18th, 2009 at 1:11 pm
Is anybody really suprised about Wexlers vote? That guy is as crooked as they come and has no integrity at all.
September 18th, 2009 at 1:14 pm
The reason why these Democrat representatives still want ACORN is because ACORN enables welfare mothers to continue collecting our tax dollars while still being prostitutes and not paying taxes on their cash fees… and they have lots of children who grow up to vote Democrat… as long as they don’t end up in jail for Dunbar style rapes of mothers and their sons.
September 18th, 2009 at 1:25 pm
Their all racist and hate usnegros when they vote against a great organization like Acorn.
September 18th, 2009 at 1:26 pm
In addition to losing taxpayer funding, the IRS should be all over ACORN’s tax exempt status given the level of illegal activities and fraud in which this organization has historically and repeatedly engaged.
September 18th, 2009 at 1:27 pm
I’m waiting for the day the voters wake up and send Wexler home…to Maryland.
September 18th, 2009 at 1:41 pm
Geeze Louise Jack49….that statement was totally uncalled for and not at all representative of all blacks here and everywhere. It is people with your mentality that will be totally shocked when it is YOU that is on the welfare line and unable to afford basics of everyday life. Dont be so quick to judge others, for the grace of God there go you. Shame on you sir.
September 18th, 2009 at 1:55 pm
to robin banks..jack49 did not mention blacks…if your going to make a comment, make sure your facts are facts.
September 18th, 2009 at 2:13 pm
Excuse me sir but he mentioned the Dunbar rape incident and they are black. And the group ACORN is a perceived mostly black organizaation. Learn how to read if you’re going to make corrections.
September 18th, 2009 at 2:15 pm
You’re right “robin banks” – only 50% of PBC poverty would end IF the minority mothers named the baby father of their children under 5……….according to the PBP.
Only 50% of minorities can’t graduate H.S. – even with 3 generations of Title 1 giveaways AND free breakfast, free lunch, free afternoon snacks, free after school programs, PLUS the Food Stamps that were supposed to cover, well…all their food………according to the PBP.
Over 70% of minority children are single parent ………according to the PBP.
Over 50% of Florida’s jail cells are filled with minorities……….according to the PBP.
Over 70% of PBP “booked last nite into PBC jail” are minorities………according to the PBP.
Yes, you are right!! Not ALL minorities are that way – but ACORN feeds off the huge percentage of the bottomfeeders and keeps most right where they can handle them! OH YEAH, I know it must be racist when anyone brings up these facts…….according to the PBP!
September 18th, 2009 at 2:16 pm
anyone with common sense will vote this man out of office. hats off to foxnews and the people who made the video. acorn was a disgrace with the voter registration process now this and then mr. wexler voting still to continue to fund it with our hardworking tax dollars.
shame on you sir.
September 18th, 2009 at 2:32 pm
OBIWAN…your own stats just confirmed my statement…and no not at all is it racist if its a fact. I’m not here to debate with you because that would be pointless and not the answer. What we as a people need are solutions to OUR problems not more assaults on one another. Division obviously is not the way. When this all comes tumbling down and it will, we’re all going to tumble together. Black, white, red and yellow.
September 18th, 2009 at 3:07 pm
Wexler should give back his law degree (as should, apparently, the UCLA law prof. that is unsure of the definition of a bill of attainder and obviously the reasons why bills of attainder were made unconstituional).
The Constitutional prohibition against a bill of attainder is meant to ensure the separation of powers between the legislature and the judiciary and to protect the due process rights of individuals and organizations.
ACORN’s due process rights are not affected–they have no contractual or legal right to federal funding. Geez, are we at such a point where liberal Democrats like Wexler believe groups like ACORN have a “right” to federal funds?!?!? No rights have been abridged.
And it’s Congress’ job, not the judiciary’s, to appropriate funds, so there no problem there.
In fact, defunding happens all the time. Of course, it normally occurs in lower profile bills.
Defense contractors accused of fraud often see Congressional funding directed to other companies.
Jessica is right. The AIG situation could very well have been a bill of attainder, because AIG employees were contractually entitled to bonuses, but Congress passed a bill directed specifically at AIG to take away the bonuses.
September 20th, 2009 at 11:29 am
Can you please provide me with the Congressional Bill ID related to the defunding of ACORN. I attempted to contact Russ Carnahan ‘s office and they are giving me the run around on how he voted.
September 22nd, 2009 at 1:55 am
There is no case law on the issue of whether taking away funding from an entity constitutes a Bill of attainder or legislative punishment in spite of Wexler’s claims. His claim is dishonest.
November 12th, 2009 at 10:14 pm
[...] When U.S. Rep. Robert Wexler and some other Democrats voted against cutting off federal money to scandal-plagued liberal group ACORN, they argued that de-funding the group was an unconstitutional “bill of attainder.” [...]