Congress Stomps Down and Kicks Some Butt.
In a bold courageous act, inspired by nothing less than Glenn Beck investigative reporting, Congress strikes a blow for Justice and passes legislation banning the funding of ACORN.
Of course, in America laws apply to all, equally. It is un-Constitutuional to pass a law targeting any specific individual or organization, as it should be.
Because it is politically helpful to the GOP to punish the entire ACORN organization for the acts of a few tax cheats (are you listening Ernst and Young?) right now, the GOP beat the self-rightous plowshare into a mighty sword and wrote H.R.3571. And because it is politically safe to jump on the self-rightous bandwagon the Dems joined the GOP and passed H.R.3571, 345-71.
H.R 3571 is a bill that skips the trial part of an accusation and goes straight to levying of punishment.
To prohibit the Federal Government from awarding contracts, grants, or other agreements to, providing any other Federal funds to, or engaging in activities that promote certain indicted organizations.
In order to be Constitutional you cannot say: To prohibit the Federal Government from awarding contracts, grants, or other agreements to, providing any other Federal funds to, or engaging in activities that promote ACORN. You have to say "certain indicted organizations".
In fact, since this is a very short bill, I'll copy it below.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Defund ACORN Act’.CommentsClose CommentsPermalink
SEC. 2. PROHIBITIONS ON FEDERAL FUNDS AND OTHER ACTIVITIES WITH RESPECT TO CERTAIN INDICTED ORGANIZATIONS.
(1) No Federal contract, grant, cooperative agreement, or any other form of agreement (including a memorandum of understanding) may be awarded to or entered into with the organization.CommentsClose CommentsPermalink
(2) No Federal funds in any other form may be provided to the organization.CommentsClose CommentsPermalink
(3) No Federal employee or contractor may promote in any way (including recommending to a person or referring to a person for any purpose) the organization.CommentsClose CommentsPermalink
(A) employs any applicable individual, in a permanent or temporary capacity;CommentsClose CommentsPermalink
(B) has under contract or retains any applicable individual; orCommentsClose CommentsPermalink
(C) has any applicable individual acting on the organization’s behalf or with the express or apparent authority of the organization.CommentsClose CommentsPermalink
1(1) Any organization that has been indicted for a violation under any Federal or State law governing the financing of a campaign for election for public office or any law governing the administration of an election for public office, including a law relating to voter registration.CommentsClose CommentsPermalink
(2) Any organization that had its State corporate charter terminated due to its failure to comply with Federal or State lobbying disclosure requirements.CommentsClose CommentsPermalink
(3) Any organization that has filed a fraudulent form with any Federal or State regulatory agency.CommentsClose CommentsPermalink
(4) Any organization that--CommentsClose CommentsPermalink
(A) Any State chapter of ACORN registered with the Secretary of State’s office in that State.CommentsClose CommentsPermalink
(B) Any organization that shares directors, employees, or independent contractors with ACORN.CommentsClose CommentsPermalink
(C) Any organization that has a financial stake in ACORN.CommentsClose CommentsPermalink
(D) Any organization whose finances, whether federally funded, donor-funded, or raised through organizational goods and services, are shared or controlled by ACORN.CommentsClose CommentsPermalink
1(1) The term ‘organization’ includes the Association of Community Organizations for Reform Now (in this subsection referred to as ‘ACORN’) and any ACORN-related affiliate.CommentsClose CommentsPermalink
(2) The term ‘ACORN-related affiliate’ means any of the following:CommentsClose CommentsPermalink
(3) The term ‘applicable individual’ means an individual who has been indicted for a violation under Federal or State law relating to an election for Federal or State office.CommentsClose CommentsPermalink
(a) Prohibitions- With respect to any covered organization, the following prohibitions apply:CommentsClose CommentsPermalink
(b) Covered Organization- In this section, the term ‘covered organization’ means any of the following:CommentsClose CommentsPermalink
(c) Additional Definitions- In this section:CommentsClose CommentsPermalink
(d) Revision of Federal Acquisition Regulation- The Federal Acquisition Regulation shall be revised to carry out the provisions of this Act relating to contracts.
Because it is fun, and educational, people have begun putting lists together of organizations to whom this bill applies.Freshman Representative Alan Grayson, who thinks the law matters, has set up a spreadsheet where you can add any organization that you believe should have funds withheld under H.R 3571 and add a link to the story or court record of the reason. Someone beat me to Pfizer.