Nadler: Republican ACORN Amendment Is Flatly Unconstitutional And Threatens Any Organization Disliked By Congress

Press Release

Today, Congressman Jerrold Nadler (D-NY), Chair of the Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties, denounced a Republican Amendment adopted by the House of Representatives to deny all federal funds to ACORN as blatantly unconstitutional and a threat to unpopular organizations everywhere. The Republican initiative, entitled the Defund ACORN Act, singles out a specific organization by name for exclusion from participating in any federal program, in direct violation of the Constitution's prohibition against Bills of Attainder.

"Today's Republican Amendment is in blatant violation of the Constitution's prohibition against Bills of Attainder," said Nadler. "Congress must not be in the business of punishing individual organizations or people without trial, and that's what this Amendment does. Whatever one may think of an organization, the Constitution's clear ban on Bills of Attainder is there for the protection of all of our liberties."

The Supreme Court, in decisions dating back to the Civil War era, has held that the Constitution prohibits all legislative acts, "no matter what their form, that apply either to named individuals or to easily ascertainable members of a group in such a way as to inflict punishment on them without a judicial trial…." During the McCarthy era, for example, Congress enacted legislation prohibiting the use of funds to pay the salaries of three federal employees who Congress deemed subversive. The Supreme Court ruled this legislation unconstitutional as a Bill of Attainder.

This Amendment, in addition to being clearly unconstitutional, sets a dangerous precedent of Congress punishing politically disfavored groups without any due process.

As Chair of the Judiciary Subcommittee charged with defending the Constitution, Nadler spoke out on the House floor against the Republican Amendment, delivering the following statement:

"Thank you, Mr. Speaker. A little while ago, the House passed an amendment to the bill that we were considering that says no contract or federal funds may ever go to ACORN, a named organization, or to any individual or organization affiliated with ACORN. Unfortunately, this was done in the spirit of the moment and nobody had the opportunity to point out that this is a flat violation of the Constitution, constituting a Bill of Attainder. The Constitution says that Congress shall never pass a Bill of Attainder. Bills of Attainder, no matter what their form, apply either to a named individual or to easily ascertainable members of a group, to inflict punishment. That's exactly what this amendment does.

"It may be that ACORN is guilty of various infractions, and, if so, it ought to be vetted, or maybe sanctioned, by the appropriate administrative agency or by the judiciary. Congress must not be in the business of punishing individual organizations or people without trial.

"That's what this Amendment did. It is flatly prohibited by the Constitution, and once we ignore the Constitution we ignore constitutional principles. Whatever one may think of the subject matter or the organization, the Constitution and the ban on Bills of Attainder are there for the protection of all of our liberties. It is unfortunate that we passed this, and I hope it is removed in the conference committee."

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