Federal Law, State Law & The Constitution

I have seen much going around on social media on the SCOTUS ruling on Arizona and the motor voter laws.  Yesterday, the court came out with a 7-2 ruling that Arizona couldn't add additional requirements to the federal forms for voter registration.  Arizona wanted to require additional paperwork proving American citizenship.  

On the face it seems silly that the court would come out against this.  But it isn't silly.  It is completely Constitutional.  The federal government gives states money to cover the costs of all seats that are held in the federal government.  The Constitution says:

The Elections Clause, Art. I, §4, cl. 1, provides:
“The Times, Places and Manner of holding Elections
for Senators and Representatives, shall be prescribed
in each State by the Legislature thereof; but the
Congress may at any time by Law make or alter
such Regulations, except as to the places of chusing
Senators.”

Now that sentence about Senators is no longer valid since the 17th amendment made senators also subject to direct elections.  But the point is the federal government absolutely has the right to decide how registration is done for federal elections.  

The court also has given Arizona a pathway to make changes to the Motor Voter form.  Arizona can, if the so choose, go to the Elections Assistance Commission and ask them to make changes to the federal form.  While that is highly unlikely under the current administration, if they don't like the result, they then can take it to court.  

The Court did not rule on anything other than could a state require additional information on a mail in federal form for registration.  Arizona is free to require additional information on state forms.  Those registration rolls can be cross checked if they so choose to do it.  

The main point of this ruling is that the court did exactly what it was supposed to do, follow the constitution.  You may not necessarily like the outcome, but the federal government has the right and the responsibility to set rules for how federal elections are set up.  If we want changes made to include more safeguards for proof of citizenship, the avenue to do that is there.  The State of Arizona doesn't seem to be shy about pursuing their options, so let them lead the charge to put more safeguards into place.  

You can read Scalia's opinion here.  

Yep, The Obama Campaign Continues to Keep It Classy - Voter Registration Drive @ Planned Parenthoo

Tempe Women for Obama Voter Registration Event(Women for Obama Event)

Come help us put a stop to the War on Women by supporting Tempe Women for Obama at our local Planned Parenthood by registering voters inside the clinic.

Time: Monday, May 14, 2012 12:00 PM - 4:00 PM

Host: Chelsea Forbes-Terry

Location: Tempe Planned Parenthood (Tempe, AZ) 1250 E Apache Blvd. Suite 108 Tempe, AZ 85281

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SIGN UP FOR 'TEMPE WOMEN FOR OBAMA VOTER REGISTRATION EVENT'

Email Address: Postal/Zip Code: Phone How many people are coming? (incl. yourself)

ACORN Editorial - The Washington Examiner

The Washington Examiner has done an amazing job reporting on ACORN. No one should want this organization anywhere near something as important as the census.


ACORN got $53 million in federal funds since 94, now eligible for up to $8 billion more
By: Kevin MooneyExaminer Columnist 5/6/09 5:32 AM
At least $53 million in federal funds have gone to ACORN activists since 1994, and the controversial group could get up to $8.5 billion more tax dollars despite being under investigation for voter registration fraud in a dozen states.

The economic stimulus bill enacted in February contains $3 billion that the non-profit activist group known more formally as the Association for Community Organizations for Reform Now could receive, and 2010 federal budget contains another $5.5 billion that could also find its way into the group’s coffers.

An Examiner review of federal spending data found that ACORN has received at least $53 million in federal money since 1994. A downloadable spreadsheet of the $53 million is posted on washingtonexaminer.com.

Scott Levenson, ACORN's national spokesman, said "we have received no significant federal funding." When asked by The Examiner about the $53 million, Levenson said: "If you listen to some of the Republicans who are going to get a billion dollars from the stimulus package, I'm still waiting for my share. Their claims are overinflated, this is a gimmick and an attempt to demonize ACORN."

At least one lawmaker, Rep. Michelle Bachmann, R-MN, wants to stop the flow of tax dollars to ACORN, but House Financial Services Committee Chairman Barney Frank, D-MA, stands in her way.

Frank plans to strip out an anti-ACORN provision Bachman succeeded in inserting in the proposed Mortgage Reform and Anti-Predatory Lending Act that could be voted on by the House today or Thursday.

Bahmann’s amendment was unanimously approved by Frank’s committee in a voice vote last week. It would block organizations that have been indicted for voter registration or vote fraud from receiving housing counseling grants and legal assistance grants.

The Bachman prohibition would apply only to the proposed mortgage reform legislation, and would not change ACORN’s ability to receive funds under either the stimulus program or 2010 budget.

Frank said his panel’s approval of the Bachman amendment was a mistake and that he had not carefully reviewed its language when he previously voted yes.

“I did not read it carefully, and it was in the last minute that the amendment was accepted,” Frank said. “It is a deeply flawed amendment and I am opposed to it. Banning people from possible participation in government programs based on an indictment is a violation of the basic principles of due process.”

Frank plans to offer another amendment to the bill on the House floor that would allow non-profits that have been indicted to receive grants under the legislation so long as they have not been convicted.

Bachmann said Frank’s amendment would “eviscerate the meaning” of her original amendment.

“I am disturbed by how cavalierly Washington spends the taxpayers’ money,” Bachmann told The Examiner. “The new charges brought against ACORN this week in Nevada reaffirm my concern about giving taxpayer dollars to organizations that are repeatedly under criminal indictment. Last week, I asked: Whose side are we on, the taxpayer's or ACORN's?”

Non-profit groups like ACORN can apply for $2 billion in funds set aside for the redevelopment of abandoned and foreclosed homes under the $800 billion economic stimulus bill passed earlier this year.

An additional $1 billion in Community Development Block Grants (CDBG) are included in the stimulus bill. ACORN and other non-profit advocacy groups could receive through federally funded housing programs administered by state and local governments.

“ACORN is not normally eligible to apply directly for CDBG funds but may apply to the states and local government units that are CDBG recipients,” Matthew Vadum, a senior analyst and editor with Capital Research Center (CRC), said. “This opens the way for ACORN to receive billions more in taxpayer money.”

In addition to the $3 billion available in the stimulus package, the proposed $47.5 billion Department of Housing and Urban Development (HUD) budget provides $1 billion for an affordable housing trust fund and $4.5 billion in CDBG funds that could be funneled to ACORN indirectly.

“This means $8.5 billion is on the table this year for ACORN and other left-wing advocacy groups,” Vadum said. “ACORN won’t get all of the money but any tax dollars going to a criminal enterprise like this is just wrong.”

Kevin Mooney is an Examiner staff writer on the commentary staff.

ACORN and Our Tax Dollars

The Association of Community Organizers for Reform Now is a non-profit organization that advocates for the poor. They were founded in 1970 and have 110 chapters in 40 states. They also do work to register voters.
I don’t think you are going to find many people who are against an organization that advocates for the poor. The problems that people have with ACORN has to do with the tactics that they use. In order to help minorities and the poor get mortgages who would not normally qualify they have used such tactics as staging sit-ins at the homes of bank executives to force them to give those mortgages.
ACORN is a very large organization that has many arms. Some that are tax-exempt and some that are not. ACORN also receives tax payer dollars to help with the costs associated with the voter registration, to the tune of $53.6 million since 1994. The organization pays people an hourly wage to go out and register people to vote. Most of these activities take place in lower income neighborhoods. Worker after worker has admitted that they forged registration forms in order to get paid and to keep up with the daily quotas. The State of Nevada has begun a criminal investigation and will be taking the case to court.
It has come out the founders brother embezzled $1,000,000 from the organization and apparently was kept on the books as a loan. He continued on the payroll for 8 years after the embezzlement was discovered, and the act was covered up by high levels of management. After the information became public the founder and his brother were fired. But since that time no forensic accounting has been done. The same company that was doing the audits during the time of the embezzlement is still doing the audits today.
The questions that naturally arise are why our tax dollars is going to organization that is not willing to open up it books to an audit after this crime was committed. This is non-profit organization; the accounting rules for the tax exemption are normally very strict. As I have worked for non-profits in the past, I know this to be true. Another question that naturally arises is why they are getting the tax dollars when they openly supported President Obama during the election. If they are getting tax dollars they need to be bi-partisan in order to keep that status.
Marcel Reid was running the organization in Washington DC after the termination of the CEO and CFO. She was also a board member. During her tenure she has pressed for a full forensic accounting of the books, but she has been terminated from the board. Her repeated request to open the books for an audit has been ongoing for more than 3 years.
Marcel Reid and others have joined together and formed the ACORN 8. Ms. Reid is still technically employed by ACORN but has been stopped from going to her office. So her pleas for the audit are not being heeded. Marcel Reid believes in the work ACORN can do. She wants to continue to advocate for the poor, but feels that this organization is actually hurting the very people that they say they want to help. She feels that ACORN has turned into a large money operation and is losing the focus that it was founded to do.
Taxpayers have every right to demand an investigation into this organization as they are taking our hard earned dollars. There has been congressional testimony that is questioning the tax exempt status of the organization; as no one is sure if the tax exempt money is being used for activities that don’t fall under the legal exemptions. Representative Conyers recently released a statement saying an investigation is not warranted at this time. I would like an answer as to why. It makes me wonder if the democrats are more interested in keeping the organization that registers voters that are more inclined to vote for the Democratic Party than they are in the truth.