Is defunding ACORN unconstitutional?
Eugene Volokh of the Volokh Conspiracy makes the case (without resolving it) as to whether defunding ACORN is an unconstitutional bill of attainder. With all due respect to his law degree and years of practice, the answer it not no but HAI’ELL NO.
This is not a punative action. It is a funding action and as anybody who has depended on government contracts knows, Congress giveth and Congress can taketh away. If defunding ACORN is unconstitutional, then so it defunding Lockheed’s F-22 – a punitive action only applicable to a single legal entity. The case for declaring defunding as unconstitutional requires the caveat that ACORN has a fundamental inalienable right to suckle from the Eagle’s teat. It does not. Case closed.