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by ACLU of WV
There has been a great deal of coverage about the kerfuffle involving the organization ACORN and the political theater waged by arch-conservatives in Congress to "cut off" their funding. Motions have been brought to cut off funds from ACORN in spending bills where no such funding even existed in the first place. It's a classic dirty trick that puts lawmakers in a difficult position. Often times, said votes are used against incumbents in the classic "My opponent refused to vote to cut off funds to that horrible organization ACORN." Glenn Greenwald offers some excellent insight on the whole mess, but more importantly, West Virginia Congressman Nick Rahall is not backing down for doing what was Constitutionally correct in the matter. From the Beckley Register Herald:
“The Supreme Court has held that our 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 ...’” the 3rd District congressman said.
“ACORN may be guilty of certain infractions and, if so, they should be investigated and punished through the appropriate administrative and judicial process, but Congress should not punish individuals or organizations without due process,” he said.
“It’s like throwing the baby out with the bath water.”
In a day when it seems as if Congress is ready at any minute to cower to the most ludicrous and unconstitutional whims of the right wing, it is heartening to see a Congressman stand up for the basic principles our Democracy is founded on. It is even better when that member of Congress is a major leadership figure, and downright sublime when he comes from West Virginia. Because our Constitution and the rights therein provide protections for the least among us as a means of guaranteeing that everyone's rights be secure, defending Constitutional values can often be very controversial. Because of this, it is important to recognize lawmakers who will not be pushed around by a public opinion storm that is directly sponsored by right wing media outlets. Congress cannot punish people or organizations simply because they are accused of wrong doing. In fact, NO GOVERNMENT ENTITY CAN. Imagine showing up in court, accused of, let's say, shoplifting. You are ready to present your case and engage in your constitutional right to due process. All of the sudden, an intern from the state legislature swoops in and carries you off for a tour of duty picking up trash on the side of the road in an unflattering orange jumpsuit. Doesn't sound right, does it? That's because legislative bodies don't get to vote on punishing anyone until, at a minimum, they have exhausted their due process rights in front of the judicial branch of government and have been found guilty beyond a reasonable doubt. It troubles me to see certain members of Congress flagrantly ignoring what we learned in 8th grade civics class to score cheap political points. It is even more troubling to see a majority of Congress come down on the wrong side of this debate. However, it is inspiring to see people like Congressman Rahall not only make the right decision, but who do so out of a duty to uphold the Constitution of the United States of America (Feel Free to start humming Battle Hymn of The Republic at this point.) |
