It was pretty blatant.

Remember that whole 'separation of powers' dealio? Congress writes the laws, and the courts punish those who break 'em. Neat system; worked OK so far.

If Congress passes a law punishing someone for doing something it thinks wrong, it's usurping the role of the courts, and the Constitution frowns on it! Legislators aren't empowered to punish wrong-doers, both because the "Founders" appreciated the value of a good trial and because they understood that politicians are often motivated by considerations other than the rule of law (shocking, I know!).

So they prohibited the passage of "bills of attainder" -- laws singling out specific groups or individuals for retribution. Which is double-plus good today, when our Congress includes frothing-mad right-wingers shouldering massive grievances and not a few members who are dumb-as-the-proverbial-box-of-rocks.

Speaking of which, you'll recall that the GOP pushed hard back in September to pass a bill that prohibited any federal funding from going to ACORN, the right-wing bogeyman-of-the-day. Perhaps sensitive to the Constitutional issue, they wrote the law so broadly that it could apply to just about any contractor, and some suggested at the time that in theory it could, if applied consistently, lead to the entire military-industrial-complex being "defunded." Proponents said it passed Constitutional muster because it applied to everyone.

But here's the thing. If you're going to thread that Constitutional needle by writing a bill that applies to all contractors -- and therefore in theory doesn't target ACORN specifically -- it's probably best not to title it the Defund ACORN Act. And it's probably not wise to have a wingnut like Nebraska Senator Mike Johanns introduce the bill by saying: "Somebody has to go after ACORN. Well, I suggest today, on the floor of the Senate, that 'somebody' is each and every U.S. Senator."

Just sayin!
Anyway, ACORN is suing. TPM reports:

The complaint, brought on behalf of ACORN by the Center for Constitutional Rights, also mounts a broader push-back against ACORN's conservative critics. According to a draft version examined by TPMmuckraker, it claims that the law to defund ACORN was passed thanks to "a public relations campaign orchestrated by political forces" that are hostile to its work registering low-income voters. And it charges that ACORN "earned the animosity of political forces who are dedicated to the proposition that the fewer poor people who vote the better." "It is outrageous to see Congress violating the Constitution for purposes of political grandstanding," said Bill Quigley of the Center for Constitutional Rights. "Congress bowed to FOX News and joined in the scapegoating of an organization that helps average Americans going through hard times to get homes, pay their taxes, and vote. Shame on them."

Since the comments below will probably devolve into a debate about ACORN itself, I'll leave you with the suggestion that the principles at stake in this case are more significant than the actions or inactions of any specific group.
And whether or not the law is overturned, the damage to the organization's most effective activities has obviously already been done.

Source: Alter Net.org, Nov 12 2009
By: Joshua Holland