Jobs Bill Force States to Surrender Sovereignty

The White House ^ | 09/13/2011 | White House

[RobertClark]

SEC. 376. FEDERAL AND STATE IMMUNITY.

(a) Abrogation of State Immunity- A State shall not be immune under the 11th Amendment to the Constitution from a suit brought in a Federal court of competent jurisdiction for a violation of this Act.

(b) Waiver of State Immunity-

(1) IN GENERAL-

(A) WAIVER- A State's receipt or use of Federal financial assistance for any program or activity of a State shall constitute a waiver of sovereign immunity, under the 11th Amendment to the Constitution or otherwise, to a suit brought by

an employee or applicant for employment of that program or activity under this Act for a remedy authorized under Section 375(c) of this Act.

[thesearethetimes...]

Thanks for the heads up.

BUMP

[Monorprise]

“The States surrendered their sovereignty a long time ago.”

Some of them did, 11 of them fought until they couldn’t fight no more to preserve the rights of their people.

I say the fight for our basic rights to self-government never ends. I say the hand of force may crush it for a while, but like the Phoenix it must one day rise again from the Ashes to try again.

[Whenifhow]

More info here
http://changingwind.org/index/news.php?extend.181.2

the White House web link for the “American Jobs Act,” http://www.whitehouse.gov/sites/default/files/omb/legislative/reports/american-jobs-act.pdf

Conclusion (small portion - read the entire conclusion)

So a State, nor any other employer, may use the current employment status of the employee as any criteria for their employment, and that includes the State Government as well (You’ll notice no waiver of Federal Sovereign Immunity).

Now, what’s a really fun thing to do when reading the document, press and hold the “Ctrl” key (“clover” key on Macs I believe), then tap the “F” key, and the search menu pops up in acrobat reader. Type in “Citizen,” “Illegal,” “Alien,” and “undocumented.” Isn’t it fascinating that there’s no provision to make sure those who are in this country illegally, and have no record of employment, and thus would only show up as unemployed, due to their illegal hiring even when they have worked, are not exempt from being able to impose the above legal provisions of this act.

And this is without mentioning how from section 371 to 376, the American Jobs Act, treats the States as vassals of the Federal Government, Noble Houses, whose Financial situation is to be exploited for the sake of the President of the United States’ National Government & Political goals.

[grumpygresh]

How can the federal government unilaterally force the states to surrender their sovereignty without the state’s consent? If it could, the state is already not sovereign, in which case, the point is moot.

[denydenydeny]

WAIVER- A State's receipt or use of Federal financial assistance for any program or activity of a State shall constitute a waiver of sovereign immunity, under the 11th Amendment to the Constitution or otherwise,

So all I have to do is get a bill with such a "waiver" clause in it signed into law and I can (for example) shut down a newspaper I don't like? Compel a suspect to testify against himself? Own slaves? Really?

[blueyon]

Robert I must say...Bravo to you for finding this! Freeper award of the day. Another news break event by a freeper, way to go! Wahoo Jim he needs a Gold Star! And Thank you to Jim for having Free republic for occasions like this

[Allegra]

That’s why the scumbag is so desperate to get this bill passed. He wants to slip it through before most people realize what’s in it.

How I loathe that man and his henchmen.

[pieceofthepuzzle]

It appears so blatantly obvious that Obama is a racist driven by a ‘get even’ mentality. It's very sad, and will ultimately hurt everyone. Racism of any stripe is unacceptable, and generally blinds people to the truth.

[phockthis]

Correct me if I am wrong but a “Jobs Bill” can not usurp a Constitutional Amendment

[Marty62]

Heard last wk no Dummie will file it.

[WePledge]

ping for later

[eagles_lair]

I'll way in, this bill is not politics as usual, it's purposeful & in my book is Treasonous & the very reason why people have grouped together (the Tea Party) to stop the juggernaut that is the Democrap socialist party,

There a bunch of Globalist power hungry elitists & Global Warming Zionists with no stopping their destruction of the United States of America. the Tea Party has been called terrorists because we're standing up to them, I don't like being called (tea Party) I think for myself & hold Conservative beliefs but I'm an American & I like to think I hold American Values, (to me the Tea Party is America) & the Democraps are on the outside of our Values and on their way to Taking America from within, again I don't appreciate being called Terrorist because I don't have there Twisted backwards thinking mind set, & Dog-like Loyalty to there so-called leaders. the Pole numbers show us where this is going, & when 2012 elections come along I'll be doing my part.

Oh-don't forget what they said about Health Care, (we've got to pass this to see what's in it!) I'm shaking my head in discuss.

[RicocheT]

Rights reserved to the states by the 11th Amendment are Constitutional rights. An individual cannot be pressured by government actions or inducement to forfeit a right, can a state relinquish it’s rights under a similar situation mearly because a federal law says it can? Don’t rights reserved to the states belong to all the people in a state, so a governor greedy for federal dollars shouldn’t be able to surrender the right?

[RobertClark]

It has not been filed yet by a Demonrat. I think even they are afraid of the consequences. But this fact alone makes Obama's constant "pass this bill" garbage even that more absurd: Until it is introduced in the house by a demonrat, there is no bill to pass.

Give credit to Louie Gohmert for his brass tacks this week: He filed a bill called the "2011 American Jobs Act" (stealing Obama's title). His bill contained nothing but tax cuts and a provision to lower the capital gains tax to ZERO. House rules prohibit introduction of a bill with the same name, therefore, Obama's waterboy who carries his disaster up will need to rename his stinking mess.

[Soothesayer9]

"A State's receipt or use of Federal financial assistance for any program or activity of a State shall constitute a waiver of sovereign immunity"

There was a christian college I attended eons ago in Arkansas that expelled a couple of gays because they refused counseling (they were caught in the act, so to speak). I always wondered if the Feds would threaten to pull all Pell Grants, Stafford Loans, Perkins and Work\Study if they didnt become a "gay friendly" institution. I think they have finally gotten around to such threats.

[RobertClark]

Rights reserved to the states by the 11th Amendment are Constitutional rights. An individual cannot be pressured by government actions or inducement to forfeit a right, can a state relinquish it’s rights under a similar situation mearly because a federal law says it can? Don’t rights reserved to the states belong to all the people in a state, so a governor greedy for federal dollars shouldn’t be able to surrender the right?

Those are excellent points and thought provoking questions. I think someone like Mark Levin, who is incredibly brilliant when it comes to Constitutional law would be able to provide the best insight. I'm sure that some governors would infer that since they are elected to represent the people of the state, then the people have transferred those rights, or claim to them, to the state government?

This could have disturbing implications.

[EBH]

One would think that.

Do “elected representatives” have the Right to give away our rights?

[kalee]

BTTT

[Whenifhow]

Correct me if I am wrong but a “Jobs Bill” can not usurp a Constitutional Amendment
^^^^^^

You are right - that’s why it is treasonous

[matt1234]

So all I have to do is get a bill with such a "waiver" clause in it signed into law and I can (for example) shut down a newspaper I don't like? Compel a suspect to testify against himself? Own slaves? Really?

Exactly. A "law" that nullifies part of the constitution would be unconstitutional, by definition.