ACORN is the plaintiff in a lawsuit filed Thursday in federal court against Congress in which lawmakers are accused of violating the Constitution by specifically targeting the group for punishment.

The lawsuit was filed in Brooklyn by the Center for Constitutional Rights which charges that Congress broke the U.S. Constitution's ban on "writs of attainder" by including language in appropriations legislation designed to keep ACORN, a controversial group much detested by conservatives, from receiving taxpayer money.

Congress took the action a few weeks ago after a conservative activist captured video of now-former ACORN workers advising actors in various ways to break the law or further illegal enterprises.

In a statement, CCR attorney Jules Lobel, said:

"It's not the job of Congress to be the judge, jury, and executioner. We have due process in this country, and our Constitution forbids lawmakers from singling out a person or group for punishment without a fair investigation and trial. Congress, as well as individuals and organizations must abide by the rule of law."

 

Article 1, Section 9 of the Constitution says:

No bill of attainder or ex post facto Law shall be passed.

A bill of attainder is legislation that targets a specific person or group for punishment without a trial. The Constitution's authors banned such actions to ensure the concept of due process, enshrined in the Fifth Amendment, such as trials before punishments were meted out. The CCR has a useful factsheet on bills of attainder.

An excerpt from the CCR's lawsuit:

2. This Act of Congress is unconstitutional due to the fact that Section 163 of the Act ... constitutes a bill of attainder within the meaning of Article 1, Section 9 of the Constitution of the United States. As well, it violates the First and Fifth Amendments of the Constitution.

3. Section 163 states in pertinent part:

"Sec 163. None of the funds made available by this joint resolution or any prior Act may be provided to the Association of Community Organizations for Reform Now (hereafter "ACORN"), or any of ACORN's affiliates, subsidiaries, or allied organizations."

4. Section 163 went into effect on October 1, 2009. On October 31, 2009 it was extended and is currently due to expire on December 18, 2009, unless, as it has been before, it is extended again.

5. The history, Congressional intent and particularized context of the aforementioned legislation reveals a malicious and punitive intent against, and a singling out of the Plaintiffs that arises from the heavily funded and orchestrated political campaign against the Plaintiffs, referenced below. As such, this legislation constitutes a bill of attainder, forbidden and prohibited by Article 1, Section 9 of the Constitution of the United States and therefor in violation thereof.