[Congressional Record Volume 155, Number 138 (Tuesday, September 29, 2009)]
[Extensions of Remarks]
[Page E2397]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 OPPOSING MOTION TO RECOMMIT H.R. 3221

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                        HON. DENNIS J. KUCINICH

                                of ohio

                    in the house of representatives

                      Tuesday, September 29, 2009

  Mr. KUCINICH. Madam Speaker, I rise to voice my concern over the 
recent motion to recommit the bill HR 3221, the Student Aid and Fiscal 
Responsibility Act of 2009, which passed the House on September 17, 
2009.
  The motion to recommit stated, in part, that no organization that has 
been indicted for any federal or state campaign finance or election law 
can be eligible for any federal government contract or grant. The 
motion specifically names the Association of Community Organizations 
for Reform Now (ACORN) as an organization covered by the bill.
  Article I, Section 9 of the Constitution clearly states, ``No Bill of 
Attainder or ex post facto Law shall be passed.'' Congress cannot 
legislatively punish an individual or specific class of people. The 
fact that the motion to recommit appears to meet both criteria for a 
bill of attainder--specificity and punishment--should give us pause. 
Legislation that could potentially violate the Constitution surely 
deserves more debate than twenty minutes.
  The recent revelations regarding the conduct of some ACORN employees 
is disquieting and merits closer investigation; however it is not 
Congress' place to assign guilt and punishment. The Constitution 
affords all accused people the protections of the judicial system; 
Congress must allow the judicial branch to function properly. For this 
reason I opposed the motion to recommit, and I will oppose any 
legislation that attempts to punish an individual or specific class of 
people without the judicial protections afforded them by the 
Constitution.

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