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So, this is how we welcome potentially oppressive bills of attainder into our law? Like it's good?

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ck4829 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-18-09 02:04 PM
Original message
So, this is how we welcome potentially oppressive bills of attainder into our law? Like it's good?
The U.S. House joined the U.S. Senate this afternoon in voting to cut off any federal money to scandal-plagued ACORN.

The vote was 345-75 to attach a Republican anti-ACORN measure to a student aid bill. All 75 “no” votes came from Democrats, including U.S. Robert Wexler, D-Boca Raton. Wexler considers the language unconstitutional, a spokesman said.

http://www.postonpolitics.com/2009/09/house-votes-345-75-to-cut-off-acorn-money-wexler-votes-no-and-hastings-answers-present/

U.S. Rep. Robert Wexler, a Democrat who represents parts of Palm Beach and Broward counties, was the lone South Florida member of Congress who voted Thursday agianst an amendment to revoke federal funding for ACORN, the community organizing group that's come under attack from the poltical right.

"The congressman believes that ACORN's behavior is deplorable, and he would not be in favor of supporting federal funding for any organization engaed in fraud," spokeswoman Ashley Mushnick said. "The problem is that the bill is not going to be held up in court.

"It’s a bill that is focused on punishing one organization before they’ve been convicted in a court of law.... 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.

http://weblogs.sun-sentinel.com/news/politics/palm/blog/2009/09/robert_wexler_criticizes_acorn.html

If you replaced "ACORN" (And yes, ACORN is specifically mentioned and considered "indicted" in the bill which makes it all the more ludicrous that this bill even exists) with Satanists of America, the association of taking candy from babies, Christian Right inc., or any other organization that you may not like; it would still be a very bad bill.

The right wingers aren't even in power anymore, and yet they're still putting the Constitution through the shredder.

Obama, veto this bill.
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leftstreet Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-18-09 07:11 PM
Response to Original message
1. Hmmm...Congress jumped on this faster than 'OMG Steroids In Sports!'
Interesting.

Thanks for posting
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Zoeisright Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-18-09 09:00 PM
Response to Reply #1
10. Meanwhile, REAL issues take too long to be addressed.
Sad.
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appal_jack Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-18-09 07:16 PM
Response to Original message
2. So true. k&r
The prohibition against Bills of Attainder is about as explicit as one can be in the US Constitution.

Thanks for pointing this out ck4829, and kudos to Democrat Robert Wexler for actually voting in accordance with Constitutional principles.

-app
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TxRider Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-18-09 07:20 PM
Response to Original message
3. Isn't bill of attainder a bit of a stretch?
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appal_jack Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-18-09 07:37 PM
Response to Reply #3
4. It's not as bad as locking them up...
Edited on Fri Sep-18-09 08:23 PM by appal_jack
TxRider,

I agree that had Congress voted to imprison all ACORN staff, then their action would more neatly fit the definition of a Bill of Attainder. However, we are living during a time when Wall Street criminals, Banker Criminals, Blackwater criminals, and many other criminals are all still receiving federal dollars, yet a nationwide community organization is being tried and convicted in the media (and punished by Congress) due to the alleged actions of six or so staffers, as shown on an edited video tape. For this reason, I applaud Congressman Wexler. He knows a double-standard when he sees it, and he is appropriately using the Constitution to stand up against the tide.

-app

edit for typos
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The Magistrate Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-18-09 08:17 PM
Response to Reply #4
6. Self-Delete, For Mis-Placement
Edited on Fri Sep-18-09 08:19 PM by The Magistrate
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Posteritatis Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-18-09 07:53 PM
Response to Reply #3
5. Yeah, "bill of attainder" is a pretty specific term; while objectionable, this is not. (nt)
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The Magistrate Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-18-09 08:18 PM
Response to Reply #3
8. Not Really, Sir
The essential element of a Bill of Attainder is a declaration or assumption of criminal guilt, and infliction of punishment for it, by act of the Legislature, rather than as result of trial by the Judiciary. Barring a contractor or grantee from further Federal funds is a common element of punishment on conviction for some charge relating to mis-handling of Federal funds. Thus, this measure inflicts a punishment appropriate on a finding of guilt for mishandling Federal funds, against a clearly discernible party. Whether, in the event of the measure actually becoming law, this line will be pursued, and if pursued, would be upheld by the Supreme Court, obviously cannot be known in advance.

"There is a reason they make the horses actually run all the way round the track before money changes hands."
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ThoughtCriminal Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-18-09 08:17 PM
Response to Original message
7. I'm tired of TAOTCFB
"The Association Of Taking Candy From Babies" getting all those no-bid contracts. Almost has bad as Blackwater.
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surrealAmerican Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-18-09 08:48 PM
Response to Original message
9. In practical terms, what would that mean should this pass?
Would the measure be struck down in court, or the entire bill?
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