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Federal Appeals Court Overturns Ruling Barring Congress From De-funding ACORN (now known as ACCE)

MAMMY51♥POTL~PWCM~JLA♥ 2010/08/14 18:46:05
Related Topics: Congress


Published August 13, 2010



A federal appeals court on Friday threw
out a decision that had barred Congress from withholding funds from
ACORN, the activist group driven to ruin by scandal and financial woes.

The ruling by the 2nd Circuit Court of
Appeals in Manhattan reversed a decision by a district court judge in
Brooklyn that found Congress had violated the group's rights by
punishing it without a trial.

Congress cut off ACORN's federal funding
last year in response to allegations the group engaged in voter
registration fraud and embezzlement and violated the tax-exempt status
of some of its affiliates by engaging in partisan political activities.

Fueling the outrage was a video that caught
three employees allegedly advising a couple posing as a prostitute and
her boyfriend to lie about her profession and launder her earnings.

ACORN responded with a lawsuit accusing Congress of abusing its power with what amounted to a "corporate death sentence".

The appeals court disagreed, citing a study finding that ACORN received only 10 percent of its funding from federal sources.

"We doubt that the direct consequences of
the appropriations laws temporarily precluding ACORN from federal funds
were so disproportionately severe or so inappropriate as to constitute
punishment," the three-judge panel wrote.

The Center for Constitutional Rights, which
argued on behalf of ACORN, said it was considering asking the appeals
court to rehear the case with more judges.

"We cannot let Congress be pushed around by
the right-wing media machine into becoming prosecutor, judge, jury and
executioner of politically unpopular people or organizations," said Bill
Quigley, legal director for CCR.

There was no immediate response to a phone message left for government lawyers.

ACORN, or the Association of Community
Organizations for Reform Now, had described itself as an advocate for
low-income and minority home buyers and residents. The national
organization announced earlier this year it was folding because of
falling revenues.

Several of its largest affiliates, including
ACORN New York and ACORN California, broke away and changed their names
in a bid to ditch the tarnished image of their parent organization and
restore revenue that ran dry in the wake of the video scandal. They
continued to operate under their new names.

In written arguments submitted to the
appeals court, the government said ACORN had acknowledged embezzlement
and subsequent cover-up at the highest levels of the organization,
including nearly $1 million taken from the group by the brother of its
founder in 1999 and 2000.



http://209.157.64.200/focus/news/2570022/posts?page=18

http://thedailyconservative.net/2010/08/13/federal-appeals-co...

http://www.washingtonexaminer.com/opinion/blogs/beltway-confi...

http://freemenow.wordpress.com/2010/03/23/acorn-new-and-impro...

http://www.nationalreview.com/articles/229194/acorns-new-shel...
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  • Kim 2010/08/14 21:33:26 (edited)
    Kim
    +1
    Congress does not work for the Right Wing Media, If they worked for the right wing media, everyone in this country would have their own certified copy of the now infamous Obama BC.....they work for the people of this country and a large majority of the people do not want to be funding a corrupt racist organization like ACORN.......Good Job 2nd Circuit Court...finally someone standing up for Americans...and not the corrupt organizations...now if we can just get Obimbo out of office and get a "real" president, we might actually be able to recover and rebuild
  • MAMMY51... Kim 2010/08/14 23:16:54
    MAMMY51♥POTL~PWCM~JLA♥
    +1
    The CCR is just another left wing HATE group, whose members have law degrees.

    http://www.discoverthenetwork...

    http://www.ngo-monitor.org/ar...

    CCR’s net assets (2006) exceeded $5 million, 77% from endowments, foundations and individual gifts. These donations include large donations from the Ford Foundation, and George Soros’ Open Society Institute. Over 1,050 other foundations and individuals have donated to CCR.
  • Kim MAMMY51... 2010/08/14 23:25:20
    Kim
    +1
    thank you for those numbers and the links..they are very informative and you are right on that
  • MAMMY51... Kim 2010/08/14 23:31:36
    MAMMY51♥POTL~PWCM~JLA♥
    +1
    My pleasure, the more information we share with each other the faster it gets out.
  • Kim MAMMY51... 2010/08/14 23:33:55
    Kim
    +1
    I agree mammy
  • Informed Voter 2010/08/14 19:31:02
    Informed Voter
    Wow! Now, I thought Congress had the power of the purse... PER Article I of the U.S. Constitution... and the Judiciary didn't per Article III.

    "Article I, Section 7.
    All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other Bills."
    ref: http://topics.law.cornell.edu...

    "Article I, Section 9.
    No money shall be drawn from the treasury, but in consequence of appropriations made by law ; and a regular statement and account of receipts and expenditures of all public money shall be published from time to time."
    ref: http://topics.law.cornell.edu...

    And who makes that law? Congress NOT the Judiciary

    "Article I, Secton I
    All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives."
    ref: http://topics.law.cornell.edu...

    And here is the ONLY power the Judiciary has, per Article III:

    "Article III
    Section 1.
    The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive f...














    Wow! Now, I thought Congress had the power of the purse... PER Article I of the U.S. Constitution... and the Judiciary didn't per Article III.

    "Article I, Section 7.
    All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other Bills."
    ref: http://topics.law.cornell.edu...

    "Article I, Section 9.
    No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of receipts and expenditures of all public money shall be published from time to time."
    ref: http://topics.law.cornell.edu...

    And who makes that law? Congress NOT the Judiciary

    "Article I, Secton I
    All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives."
    ref: http://topics.law.cornell.edu...

    And here is the ONLY power the Judiciary has, per Article III:

    "Article III
    Section 1.
    The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.

    Section 2.
    The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.

    In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.

    The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed.

    Section 3.
    Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

    The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted.J"
    ref: http://topics.law.cornell.edu...

    Legislating from the Bench is strictly prohibited!
    (more)
  • MAMMY51... Informe... 2010/08/14 23:14:53
    MAMMY51♥POTL~PWCM~JLA♥
    +1
    The CCR is a left wing HATE group with law degrees.


    http://www.discoverthenetwork...
    The Center for Constitutional Rights (CCR) was co-founded in November 1966 by the radical attorneys Morton Stavis, Ben Smith, Arthur Kinoy, and William Kunstler, longtime members of the Communist and radical left. All four were well known for their pro-Castro politics. Kunstler, for instance, once said: "The people of Cuba are a hell of a lot better off now [under Castro] than they were under [Fulgencio] Batista when American gangsters ran the island." Attorneys Victor Rabinowitz and Leonard Boudin (father of Weather Underground terrorist Kathy Boudin) were both part of CCR and its ally, the National Emergency Civil Liberties Committee, and they actually provided legal representation for the Castro government. According to a New York Times report:



    http://www.ngo-monitor.org/ar...

    CCR’s net assets (2006) exceeded $5 million, 77% from endowments, foundations and individual gifts. These donations include large donations from the Ford Foundation, and George Soros’ Open Society Institute. Over 1,050 other foundations and individuals have donated to CCR.

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