Standing Watch

If ignorance really is bliss, the the US House of Representatives and Senate have clearly found Nirvana, at least when it comes to their basic knowledge of the Constitution of the United States of America and the laws of the United States. With the passage of HR 3571 (as well as a Senate version attached as an amendment to legislation effecting the Department of Housing and Urban Development), the House has issued a “Bill of Attainder,” by acting as judge, jury, and punisher. HR 3571 specifically targets the Association of Community Organizations for Reform Now (ACORN), effectively stripping ACORN of any and all federal funding (which is minimal at best anyway). What makes this a “Bill of Attainder” is the fact that the House has voted to punish any and all associated with ACORN in any way, something they have no constitutional authority to do. Only the Executive Branch of government may prosecute a case, and only the Judicial Branch may adjudicate it. The House, being part of the Legislative Branch, has zero authority under the Constitution to act in this manner.

Indeed, HR 3571 is by its very nature unconstitutional, and strictly prohibited by the US Constitution. Article I, sections 9 and 10, are quite clear on this, and covers such Bills of Attainder at both the Federal and State level, prohibiting them.

Article I, Section 9, Clause 3 specifically states that “No Bill of Attainder or ex post facto Law shall be passed”, as pertains to the federal legislature. Article I, Section 10, applies this same rule to all states (indeed, all states have this prohibition incorporated into their respective constitutions).

Furthermore, both Amendment V and Amendment XIV prohibit punitive legal actions without due process of law, Amendment V covering federal actions, and Amendment XIV covering state actions. Due process means that one must be convicted by a jury of their peers through a judicial proceeding before their rights may be terminated. In this case, the federal legislature is seeking to terminate their contractual obligations with ACORN while bypassing the judicial process, while at the same time not applying those standards to other such organizations who may be equally, if not more, guilty of as yet unadjudicated criminal activities (this does not imply that I believe or disbelieve the allegations being made towards ACORN or other similar groups, it is an example of what is wrong and why this legislation is illegal).

In short, the Legislative Branch has taken on the powers of the Executive and Judicial Branches, using evidence of questionable validity provided to them by corporate media interests, and convicted and punished without any trial whatsoever an organization, as well as anyone even remotely associated with it in any way. This sort of activity is specifically prohibited, and such prohibition has been upheld before by the US Supreme Court (US v. Brown, US v. Lovett).

That HR 3571 constitutes a Bill of Attainder, an unlawful act in and of itself, is now clear. ACORN was not brought to trial, nor permitted to present evidence or testimony on their own behalf. Congress has violated the principle of Separation of Powers built into the Constitution of the United States, and acted way outside their authority. Congress then took punitive action and abrogated contracts with ACORN through their illegal action.

If HR 3571 is allowed to stand unchallenged, the next question should be who will Congress go after next? Trade unions? Educators? Your Church? You?

Whether or not ACORN is actually guilty of any wrongdoing remains to be proven (I’ll get more into this in future writings). What is clear is that Congress, in a very bipartisan way, is willing to break our laws, not to mention violate their Oath of Office, to destroy ACORN, and anyone even remotely associated with them. It is also clear that the media is complicit in this criminal action.

Why? The short, albeit trite, answer is money. However, it’s more complicated than that, especially given this particular battle has been going on since the 1970′s. In future writings, I will explain more. For now, however, it is important to know that Congress is now acting illegally, and in a way contrary to the interests of the People of the United States they pretend to represent.