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H.R. 3571: | Defund ACORN Act | 111th Congress 2009-2010 |
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. OverviewSponsor: | | Text: | Summary
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Full Text | Status: |  | Introduced | Sep 15, 2009 |  | Referred to Committee | View Committee Assignments |  | Reported by Committee | ... |  | House Vote | ... |  | Senate Vote | ... |  | Signed by President | ... |
This bill is in the first step in the legislative process. Introduced
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them before they go to general debate. The majority of bills and resolutions never make it out of committee.
[Last Updated: Jan 6, 2010 3:27AM] | Last Action: | Oct 23, 2009:
Referred to the Subcommittee on Government Management, Organization, and Procurement. | Related: | See the Related Legislation page for other bills related to this one and a list of subject terms
that have been applied to this bill.
Sometimes the text of one bill or resolution is incorporated into another, and in those cases the original bill or resolution, as it would appear here, would seem to be abandoned. |
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Question & Answer 
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Oct 1, 2009 10:42 AM - How does Section 2, Subsection (c), not make this bill a bill of attainder which is prohibited by Article 1, Sections 9 and 10 of the United States Constitution? -
Read AnswersAnswered by a visitor on Oct 5, 2009 2:24 PM -
This is actually surprisingly difficult to answer. I would; however, lean on the side that it is unconstitutional. The per se criteria for specificity is clear met in this bill. I would also argue that this meets the functional equivalent of punishment and there is clearly NO non-punitive legislative purpose for the passage of this bill. SCOTUS typically give Congress a bit of room on regulatory issues, but where does the rational non-punitive regulatory purpose exist? It's clearly a punitive view in my bill and clearly is a congressional witch-hunt designed to punish an organization without trial. I believe the courts would have sufficient ability to overturn this statue, although it is clearly up for a huge debate. For a more eloquent analysis that largely agrees with my reading of the bill, I suggest reading the Congressional Research Service report. They basically state the same thing that courts may find this unconstitutional - or they may not. Depends how you read it I suppose. CRS Report: http://volokh.com/files/acornattainder.pdf |
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About GovTrack.us. H.R. 3571--111th Congress: Defund ACORN Act.
(2009).
In GovTrack.us (database of federal legislation).
Retrieved Feb 10, 2010, from
http://www.govtrack.us/congress/bill.xpd?bill=h111-3571
"H.R. 3571--111th Congress: Defund ACORN Act."
GovTrack.us (database of federal legislation).
2009.
Feb 10, 2010
<http://www.govtrack.us/congress/bill.xpd?bill=h111-3571>
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|quote=Defund ACORN Act
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