Rejects ACORN Amendment Violating Constitutional Separation of Powers.

Congressman Charles B. Rangel voted today against an amendment to the Student Aid and Fiscal Responsibility Act (HR 3221) that would ban federal funds from ever going to ACORN - the nation’s largest community organization of low- and middle-income working families - because the ban would be unconstitutional.

The Constitution impels Congress not to pass a bill of attainder that would punish a named individual or group without a judicial trial. The amendment would punish ACORN after allegations surfaced last week that two of the organization’s staff members, who have since been fired, counseled their clients to break the law  -  a role the Constitution explicitly leaves for the courts.

“It may be that ACORN is guilty of certain infractions, and if so, the organization should be sanctioned by the courts - not Congress,” Congressman Rangel said. “Our Founding Fathers wrote protections like these into the Constitution precisely for times like these, when momentary and fleeting passions might indict and convict groups of people without proper due process.”

The amendment, which passed the house earlier today, would deny government contracts and all federal funding to ACORN and anyone affiliated with the organization. Seventy-five members of the House voted with Congressman Rangel, including Chairman of the Subcommittee on Constitution, Civil Rights, and Civil Liberties Jerrold Nadler, and New York representatives Joseph Crowley, Maurice Hinchey, Gregory Meeks, José Serrano, Louise Slaughter, Edolphus Towns, and Nydia Velázquez.

“This move is an affront to the Constitution and its mandate that there be a separation of powers,” Rangel said. “When we ignore the Constitution, and turn a blind eye to the dismantling of its principles - no matter how righteous our anger may appear now - we do our great country, and our great democracy, a great disservice.”

■