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Jobs Bill Force States to Surrender Sovereignty
The White House ^ | 09/13/2011 | White House

Posted on 09/17/2011 6:07:41 PM PDT by 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.


TOPICS: Business/Economy; Constitution/Conservatism; Culture/Society; Front Page News; Government; News/Current Events
KEYWORDS: 10thamendment; economy; jobs; obama; obamajobsbill; obamajobsplan; statesovereignty; statesrights; stop0bama; tenthamendment
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A backdoor stimulus that includes handouts for rehabbing abandoned properties (ACORN), and also contains language to limit state rights. This whole thing stinks to high heaven.
1 posted on 09/17/2011 6:07:54 PM PDT by RobertClark
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To: RobertClark

DOWN WITH THE BILL!


2 posted on 09/17/2011 6:10:42 PM PDT by blueyon (The U. S. Constitution - read it and weep)
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To: RobertClark

Once a communist, always a communist. America, you had better WTFU in 2012!


3 posted on 09/17/2011 6:10:42 PM PDT by broken_arrow1 (I regret that I have but one life to give for my country - Nathan Hale "Patriot")
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To: RobertClark

Any Governor or State Legislature that accepts this blood money should be jailed for treason.

I’m waiting for the GOP to start screaming.............


4 posted on 09/17/2011 6:12:20 PM PDT by NTHockey (Rules of engagement #1: Take no prisoners)
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To: RobertClark

This, like obamacare, is setting the stage. And in another word, WRONG. In absolute opposition to Our Feckless Weasel, DISMISS THE BILL!


5 posted on 09/17/2011 6:14:48 PM PDT by sayuncledave (A cruce salus)
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To: RobertClark

Once again Obama insists we Pass this Bill before the American people can find out how horrible and rancid it is........This bill needs to be dispatched with Extreme Prejudice!!


6 posted on 09/17/2011 6:21:21 PM PDT by jakerobins
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To: broken_arrow1; ixtl; Envisioning

+1, maybe 2 more......


7 posted on 09/17/2011 6:21:33 PM PDT by waterhill (Got pig?)
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To: RobertClark

Not surprised....what a gangster adminstration...those are the type of strings Perry’s talking about.


8 posted on 09/17/2011 6:24:24 PM PDT by shield (Rev 2:9 Woe unto those who say they are Judahites and are not, but are of the syna GOG ue of Satan.)
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To: RobertClark; blueyon; All

Call and write your Congressperson and Senators to tell them to Kill the Bill!


9 posted on 09/17/2011 6:27:31 PM PDT by SandRat (Duty - Honor - Country! What else needs said?)
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To: RobertClark

Lets see, more Crony Capitalism, theft of freedom, bribes and payoffs and all it will cost is $235,563 per 1,900,000 jobs created. What a pant load!

“The $447 Billion American Jobs Act will create 1.9 million American jobs.” President Obama - Washington, D.C. Fundraiser - Sept. 15, 2011

(447,000,000,000/1,900,000=$235,363)

Now, how much you want to bet it was 1.9 mil jobs @ $25,000 a year with $225,000 per job Acorn Payment for another thrown election due to Massive Voter Fraud?


10 posted on 09/17/2011 6:27:37 PM PDT by American in Israel (A wise man's heart directs him to the right, but the foolish mans heart directs him toward the left.)
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To: RobertClark

Excellent find. Thanks for posting it.

Obama is executing a plan: destroy our freedom and turn the US into a central-government-run dictatorship.


11 posted on 09/17/2011 6:27:56 PM PDT by Clairity ("The United States needs to be not so much loved as it needs to be respected." -- VP Dick Cheney)
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Comment #12 Removed by Moderator

To: RobertClark

Holy flurking shnit!!!!

Hopefully, this isn’t one of those things Mr. Boner thinks the American people want them to work together on...


13 posted on 09/17/2011 6:33:38 PM PDT by chris37 (representative)
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To: myself6

Beautifully stated!

I would quote you for truth, but I’m skerred to ^^


14 posted on 09/17/2011 6:34:20 PM PDT by chris37 (representative)
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To: RobertClark

The States surrendered their sovereignty a long time ago.


15 posted on 09/17/2011 6:35:13 PM PDT by Repeal The 17th (Proud to be a small monthly donor.)
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To: RobertClark

Has the bill been filed yet?


16 posted on 09/17/2011 6:37:50 PM PDT by skr (May God confound the enemy)
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To: shield
Not surprised....what a gangster administration...those are the type of strings Perry’s talking about.

The more the RATS can jam through (prior to Jan 3, 2011), and the more the GOP wants to form agreements with the RATS, it only becomes harder and harder to undo this TRANSFORMATION of America. Boy king and his commie supporters know this. Anyone think SS will ever be eliminated or even modified?
17 posted on 09/17/2011 6:39:42 PM PDT by Cheerio (Barry Hussein Soetoro-0bama=The Complete Destruction of American Capitalism)
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To: blueyon

I don’t get why they even bother, their own hand picked employees in black robes have already created a legal fiction to enable them to ignore the 11th amendment as of a 100 years ago.

http://en.wikipedia.org/wiki/Ex_parte_Young

They have already declared themselves to be Omnipotent effectively above the law.


18 posted on 09/17/2011 6:43:29 PM PDT by Monorprise
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To: mrreaganaut

Legal ping, my dearest.


19 posted on 09/17/2011 6:44:22 PM PDT by reaganaut (It is difficult to free fools from the chains they revere. ~ Voltaire)
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To: myself6

Ahem, remember where you are. Thanks.


20 posted on 09/17/2011 6:45:59 PM PDT by Sidebar Moderator
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To: RobertClark

Thanks for the heads up.

BUMP


21 posted on 09/17/2011 6:46:06 PM PDT by thesearethetimes... ("Courage, is fear that has said its prayers." DorothyBernard)
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To: Repeal The 17th

“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.


22 posted on 09/17/2011 6:46:45 PM PDT by Monorprise
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To: skr; LucyT

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.


23 posted on 09/17/2011 6:47:02 PM PDT by Whenifhow
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To: RobertClark

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.


24 posted on 09/17/2011 6:48:52 PM PDT by grumpygresh (Democrats delenda est)
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To: RobertClark
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?

25 posted on 09/17/2011 6:55:06 PM PDT by denydenydeny (The moment you step into a world of facts, you step into a world of limits. --Chesterton)
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To: RobertClark; Jim Robinson

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


26 posted on 09/17/2011 7:12:43 PM PDT by blueyon (The U. S. Constitution - read it and weep)
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To: RobertClark

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.


27 posted on 09/17/2011 7:17:04 PM PDT by Allegra (Hey! Stop looking at my tagline like that.)
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To: RobertClark
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.
28 posted on 09/17/2011 7:18:48 PM PDT by pieceofthepuzzle
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To: Whenifhow

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


29 posted on 09/17/2011 7:29:08 PM PDT by phockthis
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To: skr

Heard last wk no Dummie will file it.


30 posted on 09/17/2011 7:29:28 PM PDT by Marty62 (Marty60)
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To: RobertClark

ping for later


31 posted on 09/17/2011 7:30:18 PM PDT by WePledge (Ich werde fur immer ein Hollenhund werden. Semper Fidelis)
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To: RobertClark
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.

32 posted on 09/17/2011 7:37:08 PM PDT by eagles_lair
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To: 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?


33 posted on 09/17/2011 7:50:15 PM PDT by RicocheT (Eat the rich only if you're certain it's your last meal)
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To: skr
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.

34 posted on 09/17/2011 7:51:24 PM PDT by RobertClark (Emancipate yourself from mental slavery, none but ourselves can free our mind.)
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To: RobertClark
"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.

35 posted on 09/17/2011 7:54:11 PM PDT by Soothesayer9
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To: 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?

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.

36 posted on 09/17/2011 7:59:19 PM PDT by RobertClark (Emancipate yourself from mental slavery, none but ourselves can free our mind.)
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To: RicocheT

One would think that.

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


37 posted on 09/17/2011 8:00:04 PM PDT by EBH (God Humbles Nations, Leaders, and Peoples before He uses them for His Purpose)
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To: RobertClark

BTTT


38 posted on 09/17/2011 8:04:42 PM PDT by kalee (The offenses we give, we write in the dust; Those we take, we engrave in marble. J Huett 1658)
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To: phockthis

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


39 posted on 09/17/2011 8:18:26 PM PDT by Whenifhow
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To: denydenydeny
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.

40 posted on 09/17/2011 8:20:04 PM PDT by matt1234 (Bring back the HUAC.)
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To: RobertClark

I could not begin to count the number of laws in my lifetime that have sucked sovereignty from the states. Many of them were highway bills (Big Brother says if you don’t do X we’ll cut your highway funding) but this is simply more of a very fast erosion of states rights.


41 posted on 09/17/2011 8:37:38 PM PDT by Artemis Webb (Perry 2012! A Conservative who can win!)
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To: RobertClark

Ping this thread to Mark Levin. What is his name? hold on now?


42 posted on 09/17/2011 8:42:52 PM PDT by WVNan (!)
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To: RobertClark

You have got to be kidding !!!

All we need now is for Nancy to say, “We need to pass the bill, so you can find out whats in the bill ...”


43 posted on 09/17/2011 9:06:52 PM PDT by Lmo56 (If ya wanna run with the big dawgs - ya gotta learn to piss in the tall grass ...)
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To: RobertClark

I don’t believe Congress passing laws saying states can lose their sovereign immunity is not new. The laws are phrased the same general way — IF the state chooses to participate in some federal program, then their participation is a voluntary waiver of sovereign immunity.


44 posted on 09/17/2011 9:09:09 PM PDT by DTxAg
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To: Allegra
In six speeches during the course of seven days, President Obama has hammered home his call for Congress to act on his $447 billion jobs plan, saying some version of the phrase “pass this bill” more than 100 times.

http://www.wikihow.com/Detect-Lies

Notice it when the suspect repeats sentences. If the suspect uses almost the exact same words over and over, then it's probably a lie. When a person makes up a lie, he often tries to remember a certain phrase or sentence that sounds convincing. When asked to explain the situation again, the liar will use the very same 'convincing' sentence again.

45 posted on 09/17/2011 9:19:40 PM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: RobertClark

“. . . waiver of sovereign immunity”

Don’t these clowns realize that such a statement is logically and legally inconsistent?


46 posted on 09/17/2011 9:24:32 PM PDT by oldbill
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To: RobertClark

NO NO NO! Patently UNCONSTITUTIONAL! States CANNOT be forced to surrender their sovereign immunity without a Constitutional Amendment and the affirmative assent of the People of said State. And the Feds AIN’T gettin’ it — not from South Carolina and a lot of others anyway. NO MORE surrendered rights! STEP BACK WASHINGTON — or get PUSHED BACK!


47 posted on 09/17/2011 9:32:09 PM PDT by patriot preacher
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To: broken_arrow1

Thanks not constitutional.


48 posted on 09/17/2011 9:34:38 PM PDT by Diggity
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To: RobertClark
It will be interesting to see what happens if/when Obama and his dingbats go to file this disgusting POS bill, and they are already told one has already been filed....

Conservative Nabs Naming Rights to ‘American Jobs Act’ After Obama Delay
49 posted on 09/17/2011 9:56:55 PM PDT by Lucky9teen (Peace is that brief glorious moment in history when everybody stands around reloading.~Thomas Jeffer)
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To: Repeal The 17th; Monorprise
The States surrendered their sovereignty a long time ago.

Actually, it happened in 1792 when the Constitution was declared to be in force.  Sovereignty is an all or nothing deal - either a state is sovereign, or it is not.  Under the Confederacy (1776-1792), the states retained their sovereignty.  Under the federal Constitution, the states ceded their sovereignty, but retained some rights of sovereignty under the IX and X amendments.Ynbsp; The XI amendment restored sovereign immunity, but not sovereignty.

I seriously doubt that the Supreme Court would allow an amentment to the Constitution to be overridden by a mere law.

But, for many reasons,

Kill the Bill

And yes, some states did recover their sovereignty for a short time, when they seceeded from the Federation and formed a second Confederacy.

BTW, the CSA flags had 13 stars.  Missouri and Kentucky were claimed| by both the CSA and the USA.

50 posted on 09/17/2011 9:57:06 PM PDT by Celtman (It's never right to do wrong to do right.)
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