Nadler Calls Acorn Bill Unconstitutional

Rep. Jerrold Nadler (D-NY) is claiming that any bill to defund Acorn is unconstitutional because it violates the Constitution’s prohibition against Bills of Attainder.

I am not a Constitutional scholar, but I believe the prohibition against Bills of Attainder is designed to maintain separation of powers between the legislative branch and the judicial branch by preventing Congress from declaring a person or organization guilty and punishing them accordingly.

Just a couple of thoughts:

First of all, this is a spending issue, and according to the Constitution, the Congress is in charge of all spending.

Second, I don't see how taking away a subsidy is a "punishment", at least in the legal sense. Congress is not declaring Acorn guilty, and is not claiming to have any power to put anyone in prison; they are just choosing not to fund Acorn with taxpayer dollars. As far as this Congressional action goes, Acorn is free to continue to operate as long as it can raise funds from other sources.

And where was the talk about Bills of Attainders when Congress was talking about taxing AIG bonuses up to 95%, or when Congress threatens to tax "excessive" profits from the oil companies?