Sunday, March 14, 2010

Judge: Govt must stop blocking money to ACORN

A federal judge who found it unconstitutional that Congress tried to cut funding to the activist group ACORN has rejected a government request to change her mind and has ordered government agencies to make it clear the funding isn't blocked. In a written ruling Wednesday, U.S. District Judge Nina Gershon made permanent her conclusion last year that the cutoff of funding was unconstitutional. She ordered all federal agencies to put the word out about it. The Brooklyn judge said ACORN was punished by Congress without the enactment of administrative processes to decide if money had been handled inappropriately. She said the harm to ACORN's reputation continues because the government never rescinded its advice to withhold funding after it was distributed to "hundreds, if not thousands, of recipients."...The judge, however, wrote that it was "unmistakable that Congress determined ACORN's guilt before defunding it." She said Congress is entitled to investigate ACORN but cannot "rely on the negative results of a congressional or executive report as a rationale to impose a broad, punitive funding ban on a specific, named organization." She said the Code of Federal Regulations establishes a formal process for deciding when federal contractors can be suspended or debarred. She added that "the existence of these regulations militates against the need for draconian, emergency action by Congress."...read more

So Congress, which the people elected, passes a law which cannot be enforced because a federal agency, not elected by the people, has issued a set of regulations. There is something drastically wrong with this picture.

No comments:

Post a Comment