Skip to comments.Jobs Bill Force States to Surrender Sovereignty
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.
DOWN WITH THE BILL!
Once a communist, always a communist. America, you had better WTFU in 2012!
Any Governor or State Legislature that accepts this blood money should be jailed for treason.
I’m waiting for the GOP to start screaming.............
This, like obamacare, is setting the stage. And in another word, WRONG. In absolute opposition to Our Feckless Weasel, DISMISS THE BILL!
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!!
+1, maybe 2 more......
Not surprised....what a gangster adminstration...those are the type of strings Perry’s talking about.
Call and write your Congressperson and Senators to tell them to Kill the Bill!
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
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?
Excellent find. Thanks for posting it.
Obama is executing a plan: destroy our freedom and turn the US into a central-government-run dictatorship.
Holy flurking shnit!!!!
Hopefully, this isn’t one of those things Mr. Boner thinks the American people want them to work together on...
I would quote you for truth, but I’m skerred to ^^
The States surrendered their sovereignty a long time ago.
Has the bill been filed yet?
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.
They have already declared themselves to be Omnipotent effectively above the law.
Legal ping, my dearest.
Ahem, remember where you are. Thanks.
Thanks for the heads up.
“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.
More info here
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.
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.
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?
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
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.
Correct me if I am wrong but a “Jobs Bill” can not usurp a Constitutional Amendment
Heard last wk no Dummie will file it.
ping for later
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.
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?
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.
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.
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.
One would think that.
Do “elected representatives” have the Right to give away our rights?
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
Exactly. A "law" that nullifies part of the constitution would be unconstitutional, by definition.
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.
Ping this thread to Mark Levin. What is his name? hold on now?
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 ...”
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.
“. . . waiver of sovereign immunity”
Don’t these clowns realize that such a statement is logically and legally inconsistent?
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!
Thanks not constitutional.
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,
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.