When the unconstitutional act happens to be a sacred cow of the Left, of course.
Politico’s Glenn Thrush reports that New York Rep. Jerrold Nadler, in the aftermath of Congress’ overwhelming vote to defund ACORN, has suddenly discovered the Constitution:
Rep. Jerry Nadler (D-NY), chairman of subcommittee on the Constitution, makes the case that the bill, if it's ever signed into law, may not stand up to court challenges.
The ACORN bill, he claims, is essentially a "bill of attainder," a measure targeted to benefit or penalize an individual or group which is prohibited in the Constitution, Article 1, Sections 9 and 10.
I get the feeling that Nadler would be nowhere to be found if Congress decided to defund some organization that was favored by conservatives.
But never mind that. Let’s assume that Nadler is sincere in his belief that the defunding of ACORN is an unconstitutional Bill of Attainder. We can fix that easily by defunding all private organizations, given that federal funding of such entities is not authorized by the Constitution.
That would resolve the Bill of Attainder controversy quite neatly. What do you think, congressman?