24 September 2009

Silver lining

The silly and embarrassing Congressional hatchet-job on ACORN might be worth it if we can do this.
The congressional legislation intended to defund ACORN, passed with broad bipartisan support, is written so broadly that it applies to "any organization" that has been charged with breaking federal or state election laws, lobbying disclosure laws, campaign finance laws or filing fraudulent paperwork with any federal or state agency. It also applies to any of the employees, contractors or other folks affiliated with a group charged with any of those things.

In other words, the bill could plausibly defund the entire military-industrial complex. Whoops.
In their haste to grandstand for news cameras, legislators had to write a particularly broad bill in order to get it done without an independent investigation. Glennzilla explains.

The irony of all of this is that the Congress is attempting to accomplish an unconstitutional act: singling out and punishing ACORN, which is clearly a "bill of attainder" that the Constitution explicitly prohibits -- i.e., an act aimed at punishing a single party without a trial. The only way to overcome that problem is by pretending that the de-funding of ACORN is really about a general policy judgment (that no corrupt organizations should receive federal funding). But the broader they make the law in order to avoid the Constitutional problem, the more it encompasses the large corrupt corporations that own the Congress (and whom they obviously don't want to de-fund). The narrower they make it in order to include only ACORN, the more blatantly unconstitutional it is.
Rep. Alan Grayson is compiling a list. Vroom vroom!