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| I'm speechless at this... https://gladerebooted.net/viewtopic.php?f=8&t=824 |
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| Author: | Hannibal [ Thu Nov 12, 2009 3:44 pm ] |
| Post subject: | I'm speechless at this... |
http://www.politico.com/news/stories/1109/29436.html A non-profit organization filed a lawsuit against the federal government Thursday morning, seeking to overturn a law stopping the flow of federal funds to ACORN. The suit, filed in federal court in New York, claims that bills passed by the House and Senate to defund the group qualify as bills of attainder, legislation that unfairly targets one group. Such bills are unconstitutional. The suit will seek to restore funding and roll-back the ban, which was passed as part of the legislative branch appropriations bill in September. ACORN claims that the legislation was of “malicious and punitive intent.” The suit also claims Congress violated the Fifth Amendment by skirting due process before doling out the punishment of the funding cut. OMB Director Peter Orszag and Treasury Secretary Timothy Geithner are listed as co-defendants in the suit. Efforts to defund ACORN became popular among Democrats and Republicans after conservative activists caught the organization’s employees in several offices advising actors posing as a politician and his prostitute girlfriend on how to evade taxes and set up a brothel. Sen. Mike Johanns (R-Neb.) and others in Congress quickly moved to ensure no federal funds were steered to the group – measures that got support from even the most ardent liberals like Rep. Barney Frank (D-Mass.). The lawsuit, which was brought by the Center for Constitutional Rights, says that ACORN has been subject to “heavily funded and orchestrated political campaigns.” But this effort represents a complete reversal from ACORN, which emphasized to reporters and the public that the money it received from the federal government was not essential to its existence. Now the group is taking a bold step to restore its federal funding by accusing Congress of violating the Constitution. The court filing claims ACORN has been bruised badly by the legislation. It says it has had to lay off employees, close offices and “drastically” reduce services. But the complaint also offers a small peak into and how much ACORN truly relies on the government for money. It cites FEMA pulling back roughly $1 million in funding for fire safety assessments after the legislation passed. The filing also shows that the organization lost out on a $780,000 EPA grant to educate poor communities about asthma and a separate grant to set up public computer centers for the poor in five cities. And the suit highlights a few members of Congress as being especially critical of the group. Rep. Darrell Issa (R-Calif.) is cited as having “(attacked) ACORN for years.” It quotes Rep. Dan Burton (R-Ind.) trying to tie President Barack Obama to the group. And it cites Republican Reps. Steve King (Iowa) and Todd Akin (Mo.) calling a Obama campaign poster in ACORN’s headquarters a “Jeremiah Wright moment.” Successful cases proving a bill of attainder are rare in the United States, said Jonathan Turley, a constitutional law expert at George Washington University who successfully argued the last attainder case in 2003. Turley said ACORN has a “legitimate claim” for asking a court to overturn the law, on the standing that barring the organization from receiving funds could be considered “legislative punishment.” Congress has equally compelling arguments, he said, but may have acted in haste because it did not hold hearings and create a complete record documenting ACORN’s misconduct. “Congress may wish it had acted with a bit more deliberation,” Turley said. ______________________________________________________________________________________ So if ACORN wins, will those execs get their bonuses back? |
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| Author: | Kaffis Mark V [ Thu Nov 12, 2009 4:55 pm ] |
| Post subject: | |
ACORN's funding was due to "heavily funded and orchestrated political campaigns" to begin with, anyways. That would be a hilarious Pandora's Box to open, given a judge with a spiteful streak of schadenfreude... Give 'em the funds back, and then slam them with criminal charges for misusing government grants to encourage illegal activities or something. I'm sure we've got a law on the books for that kind of thing. |
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| Author: | Diamondeye [ Thu Nov 12, 2009 7:33 pm ] |
| Post subject: | Re: I'm speechless at this... |
Cool. After they win, Lockheed-Martin and Boeing can sue the government for passing an unconstitutional bill of attainder that cancelled the F-22. This is awesome! Unlimited defense dollars for every project! Remember, if you cancel someone's funding, it's a Bill of Attainder! 
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| Author: | Lydiaa [ Thu Nov 12, 2009 7:49 pm ] |
| Post subject: | |
I’d like to cancel your stimulus plan, or am I too late? >=D |
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| Author: | Rorinthas [ Thu Nov 12, 2009 8:01 pm ] |
| Post subject: | Re: I'm speechless at this... |
I don't think it works that way. i'm not certain, but I'd imagine that since it's a just a budgeting item and not a "Bill" that it's not part to that restriction. Otherwise as we've pointed out every time finding changes at the fault of a certain company, this could be supposed. Still they are entitled to their day in court. |
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| Author: | Micheal [ Thu Nov 12, 2009 8:02 pm ] |
| Post subject: | Re: |
Lydiaa wrote: I’d like to cancel your stimulus plan, or am I too late? >=D Too late, we're stimulated. |
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| Author: | Lydiaa [ Thu Nov 12, 2009 8:10 pm ] |
| Post subject: | |
Damn, there must be some other funds I could get my hands on to stimulate my world domination plans. >.< |
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| Author: | Rafael [ Thu Nov 12, 2009 10:40 pm ] |
| Post subject: | Re: I'm speechless at this... |
Hannibal wrote: ACORN claims that the legislation was of “malicious and punitive intent.” The suit also claims Congress violated the Fifth Amendment by skirting due process before doling out the punishment of the funding cut. Right here, this is what is **** wrong with this country. What a ridiculous sense of entitlement. There is no right to Federal Funds. That's the same as saying the right to taxpayer money. Therefore, no due process is necessary to cut the funds, because it is not a punitive measure to do so. The absence of funds is not a violation of anyone's rights. |
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| Author: | Micheal [ Fri Nov 13, 2009 12:15 am ] |
| Post subject: | Re: |
Lydiaa wrote: Damn, there must be some other funds I could get my hands on to stimulate my world domination plans. >.< I thought Asian Female, cute with brains, is the current world domination plan model? |
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| Author: | Foamy [ Fri Nov 13, 2009 9:34 am ] |
| Post subject: | Re: I'm speechless at this... |
I call BS, Hannibal.... You are never speechless about anything. /snark |
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| Author: | Hannibal [ Fri Nov 13, 2009 2:17 pm ] |
| Post subject: | Re: Re: |
Micheal wrote: Lydiaa wrote: Damn, there must be some other funds I could get my hands on to stimulate my world domination plans. >.< I thought Asian Female, cute with brains, is the current world domination plan model? No, but it is the basis for the Japanese Defense system when paired with giant robots. Foamy: Hush. 
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| Author: | Raziel6K [ Fri Nov 13, 2009 5:57 pm ] |
| Post subject: | Re: I'm speechless at this... |
Rafael wrote: What a ridiculous sense of entitlement. There is no right to Federal Funds. That's the same as saying the right to taxpayer money. Therefore, no due process is necessary to cut the funds, because it is not a punitive measure to do so. The absence of funds is not a violation of anyone's rights. I have to say that I share this sentiment. There is a bit too much argument about what people are "entitled" to these days in general across the board in my opinion. |
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