I'm no expert in bills of attainder, but after taking a look at the legislation I have a feeling that challenge would fail.
The purpose of the prohibition on bills of attainder is to keep Congress from using legislative means to deny individuals their civil rights without due process (i.e., Congress can't find you guilty of a crime).
This legislation is not "targeted" towards ACORN, it's actually a huge appropriations bill that provides funds for transportation and affordable housing funds in FY10. The act sets forth several limitations on the use of funds, including a provision saying that no funds can be distributed to ACORN or its subsidiaries. But it also restricts distribution of funds to other government agencies, organizations that seek to exercise eminent domain etc.
Granted, it does not provide a rationale for denying funding to ACORN but I don't know that ACORN has any specific right to the funding either? I'm pretty sure Congress has a right to direct appropriations to specific sources as it sees fit. Interested to hear other arguments...
Obama had to deal with bill of attainder issues when taxing executive pay. If "employees of financial institutions owing $5 billion or more to the government with household income of $250k" is specific enough to be considered part of a bill of attainder, then certainly ACORN is.
Not my constitution! It allows for guns, family values, and has a picture of Carrie Prejean saying "It's Adam and Eve, Not Adam and Steve" on it in cross-stitch. Latoya, why do you hate America?
1. I don't know about Georgia specifically, but most of the people I see with saggy pants in the Midwest are POC. Is this subtly racist? Or just people being turds?
2. I don't care for this style. I end up staring and wondering how you manage to not just walk straight out of your pants. A dude at work wears his cinched with a belt under his butt. It's like... what is holding those pants up? If I did that, I sure as hell wouldn't be wearing any pants.
3. I want to say something about how the boy has a nice silhouette, but I am not sure if that is either pervy (I don't know how old he is) or if that's not allowed. I also like his boxers.
@awinoforever: Ah, I see. I kinda thought so, but I didn't want to be racist myself in thinking that and making assumptions. :D Thanks for the clarification!
As disgusting as I find this trend (from the hipsters, to the thugs, to the high school girls), Tennessee was obviously grasping at straws looking for a new reason to unjustifiably incarcerate young Black men.
@Sister Toldja: I have always wondered if class wasn't an equally strong factor. I'm guessing (though I will admit that I haven't researched it) that many of the legislators who passed this law are, themselves, African American, and were once young men. Is there an element of: "That's not the way nice people behave?" going on in this law?
@ellaesther: "I'm guessing (though I will admit that I haven't researched it) that many of the legislators who passed this law are, themselves, African American, and were once young men."
@Justine is ON A BOAT!: Ok, I can't do this right now, but it really bothers the reporter in me that I'm making assumptions in the absence of actual research! So I'm going to try to find this out today, and I will post a comment here, and PM you, when I find out.
@ellaesther: Well, I'm having a hard time coming up with current numbers, but here's a table from 2000 [books.google.com] which shows that at that time, there were a total of 16 African American members (out of 132) of the Tennessee General Assembly, and I feel safe in presuming that things haven't changed much.
I stand very firmly corrected, and I'm sorry for shooting off my mouth before doing this looking around that I've just done. I think I so thoroughly associate TN politics with Harold Ford, Jr that I wasn't thinking. I'm sorry for the blinders, and am going to try to take them off now!
@Sister Toldja: Agreed. Some legislators tried to pass a similar law down here in Florida, and I'll be damned if my "coded racism" alert wasn't going off every time I heard someone speak in support of it.
Be that as it may -- and I am ALL about not legislating this kind of undemocratic nonsense -- when my 18 year old babysitter comes over? I tell him to pull up his damn pants.
Just the other day, in fact, he said "You'd be surprised how often I hear that on any day! Or maybe you wouldn't."
@browngirlinthering: EXACTLY. It is another insane racist bill; Georgia had a similar one but I can't remember what happened to it in the end. This was just a way to racially profile youngish black men and deserves to die a thousand deaths.
The PE teacher at my school (we teach 7th and 8th grade) told the kids that the saggy pants trend started in prison, as a means of inmates letting other inmates know that they were "available for a relationship."
How true the PE teacher's story is, I don't know, but I do know that suddenly, most of our kids had their pants pulled up, and belts buckled. : )
@inabook: Unfortunate, but effective. 'No Homo' is big in the black male community (generally! your brother/cousin/father/bff may not fall into this category!). A lot of my relatives would rather be in jail than be considered *gasp* gay .
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The purpose of the prohibition on bills of attainder is to keep Congress from using legislative means to deny individuals their civil rights without due process (i.e., Congress can't find you guilty of a crime).
This legislation is not "targeted" towards ACORN, it's actually a huge appropriations bill that provides funds for transportation and affordable housing funds in FY10. The act sets forth several limitations on the use of funds, including a provision saying that no funds can be distributed to ACORN or its subsidiaries. But it also restricts distribution of funds to other government agencies, organizations that seek to exercise eminent domain etc.
Granted, it does not provide a rationale for denying funding to ACORN but I don't know that ACORN has any specific right to the funding either? I'm pretty sure Congress has a right to direct appropriations to specific sources as it sees fit. Interested to hear other arguments...
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05/08/09
/sarc
05/08/09
1. I don't know about Georgia specifically, but most of the people I see with saggy pants in the Midwest are POC. Is this subtly racist? Or just people being turds?
2. I don't care for this style. I end up staring and wondering how you manage to not just walk straight out of your pants. A dude at work wears his cinched with a belt under his butt. It's like... what is holding those pants up? If I did that, I sure as hell wouldn't be wearing any pants.
3. I want to say something about how the boy has a nice silhouette, but I am not sure if that is either pervy (I don't know how old he is) or if that's not allowed. I also like his boxers.
05/08/09
on (1) my parents have lived in tennessee for five years now and let me tell you, it's straight up racist.
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It's Tennessee. So, I doubt it. Jus' sayin'.
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05/08/09
I stand very firmly corrected, and I'm sorry for shooting off my mouth before doing this looking around that I've just done. I think I so thoroughly associate TN politics with Harold Ford, Jr that I wasn't thinking. I'm sorry for the blinders, and am going to try to take them off now!
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05/08/09
Just the other day, in fact, he said "You'd be surprised how often I hear that on any day! Or maybe you wouldn't."
In this, I fully embrace my inner crank.
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"I disapprove of how you wear your pants, but I will defend to the death your right to wear them like that."
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or the "Whippersnapper Elimination Ordinance"
05/08/09
How true the PE teacher's story is, I don't know, but I do know that suddenly, most of our kids had their pants pulled up, and belts buckled. : )
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