Friday, December 11, 2009

Madison, Monroe, Gershon

Judge: ACORN funding restored - - POLITICO.com

Which one is the wrong one? Which one doesn't belong?

If you said Gershon then you would be wrong because all three of them apparently wrote the Constitution. At least, District Judge Nina Gershon seems to think so since she has single-handedly taken the power of the purse away from the Congress.

Apparently, Judge Gershon believes that the Congress does not have the power to defund an organization without getting the approval of the courts. To wit:

“The question here is only whether the Constitution allows Congress to declare that a single, named organization is barred from all federal funding in the absence of a trial."


She went on to issue a temporary injuction and to order the Department of Housing and Urban Develoipment, the Department of the Treasury and the Office of Management and Budget to continue the funding of ACORN without regard to a law passed by the Congress and signed by the President.

Judge Gershon's decision will undoubtedly be overturned, but that isn't enough. Such an obviously unconstitutional decision suggests either a profound ignorance or a complete disregard for the Constitution.

Either is sufficient to demonstrate that Judge Gershon is unable to fulfill the obligations of her office and should, therefore, be removed.

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