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Does Obama's jobs bill actually defy the Constitution?
The US Report ^ | Oct. 6, 2011 | Chris Carter

Posted on 10/06/2011 7:25:06 PM PDT by FatMax

As discussed yesterday at The US Report, President Obama is peddling a jobs bill that contains elements that may actually be unconstitutional. But there appears to be more to the story.

The American Jobs Act states on page 133 (Section 176) that “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...”

This strips state sovereignty and increases dependence upon the Federal government. And if it were to pass, this legislation would open the door for trial lawyers to sue the states in Federal court. Just follow the money.

Here's what the Eleventh Amendment says:

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
Basically, this amendment prevents the Federal government from hearing cases brought against a state by a citizen of another state or country. But Congress – and the states themselves if they so choose – can abrogate this Eleventh Amendment protection according to the Heritage Guide to the Constitution (pg. 376):
Congress can, for example, require the states to waive their immunities as a condition for receipt of federal grants under the Spending Clause (Article I, Section 8, Clause 1).
Why would the Federal government need to suspend the Constitution in order to save jobs? And when did the United States become so dependent on the government for jobs in the first place?

President Obama's proposed abrogation of the Constitution may not actually violate the Constitution, since...

(Excerpt) Read more at theusreport.com ...


TOPICS: Constitution/Conservatism; Government
KEYWORDS: barackobama; constitution
Growing government, stripping sovereignty, marginalizing opponents. Par for the course in Obama domestic policy.
1 posted on 10/06/2011 7:25:13 PM PDT by FatMax
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To: FatMax
It defies reality ...that's a given!
2 posted on 10/06/2011 7:31:07 PM PDT by Baynative (The penalty for not participating in politics is you will be governed by your inferiors.)
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To: FatMax

I am convinced Obama and the Democrats are truly out to destroy the U.S. capitalist model..... Businesses will be destroyed with this crap legislation..... Not to mention the number of lawsuits that will be filed by people claiming they were not hired because of unemployed status discrimination......


3 posted on 10/06/2011 7:34:36 PM PDT by Typical_Whitey (Herman Cain is the epitomy of MLK's dream.)
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To: FatMax; Diana in Wisconsin

” - - - a State shall constitute a waiver of sovereign immunity, - - - “

The smokescreen is lifting ever higher from Dictator You Lie Obama’s plan to regulate, control and destroy America.


4 posted on 10/06/2011 7:36:25 PM PDT by Graewoulf ( obama"care" violates the 1890 Sherman Anti-Trust Law, AND is illegal by the U.S. Constitution.)
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To: FatMax

Does it really matter to Mr. obama? He doesn’t believe that the Constitution applies to him.


5 posted on 10/06/2011 7:36:46 PM PDT by Crazy ole coot (Mr. obama is not a legal President. He was/is a British Subject.)
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To: FatMax

Has Obama ever done anything that actually did not defy the Constitution?


6 posted on 10/06/2011 7:37:34 PM PDT by tsowellfan
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To: FatMax
Does Obama's _____fill in the blank_____ actually defy the Constitution?

There, a generic template for posting on anything Obama does.

7 posted on 10/06/2011 7:37:43 PM PDT by mnehring
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To: FatMax

Question: Where did you stand on Obama’s missing records?


8 posted on 10/06/2011 7:38:37 PM PDT by tsowellfan
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To: FatMax

Does it really matter to Mr. obama? He doesn’t believe that the Constitution applies to him.


9 posted on 10/06/2011 7:39:45 PM PDT by Crazy ole coot (Mr. obama is not a legal President. He was/is a British Subject.)
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To: FatMax
and America takes another one in the........

10 posted on 10/06/2011 7:39:58 PM PDT by Chode (American Hedonist - *DTOM* -ww- NO Pity for the LAZY)
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To: FatMax

Since WHEN did the Constitution matter to this FREAK?


11 posted on 10/06/2011 7:41:41 PM PDT by RushIsMyTeddyBear
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To: FatMax

Obama promised to “Fundamentally change America” It scared me when he said it. It should have scared everyone. He and Soros have the staff in place to carry out the promise. God save the Republic.


12 posted on 10/06/2011 7:42:16 PM PDT by Don Corleone ("Oil the gun..eat the cannoli. Take it to the Mattress.")
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To: Chode

You really have to understand what is going on. Global totalitarianism is noting more than a criminal organization. The “don” is the UN.

The plan is to wipe out its competitors and steal every resource there is for their own profit.


13 posted on 10/06/2011 7:45:18 PM PDT by EQAndyBuzz (Sarahcuda in 2012. Nothing but Net!!!)
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To: Typical_Whitey

They do want to fundamentally change our economy, but I think their vision is more about creating dependency on the federal government and picking their own winners (GE, Solyndra, etc.).


14 posted on 10/06/2011 7:45:24 PM PDT by FatMax
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To: Typical_Whitey

” - - - Herman Cain is the epitomy of MLK’s dream. - - -”

Really? The evidence is that MLK was a Socialist that conned LBJ into forming his “Great Society.”

Along comes businessman Herman Cain who wants to undo MLK/LBJ’s Socialist Great Society, which makes Mighty Herman the antipathy of MLK.

What say you?


15 posted on 10/06/2011 7:45:40 PM PDT by Graewoulf ( obama"care" violates the 1890 Sherman Anti-Trust Law, AND is illegal by the U.S. Constitution.)
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To: FatMax

The federal government accepts money from the citizens. Don’t they retain their positions as servants too?


16 posted on 10/06/2011 7:46:06 PM PDT by MtnClimber (Obama unemployment equals dependence on government.)
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To: FatMax

Notice how the Food Stamp President and his lap dogs always bury this kind of crap in the middle of these bills hoping no one will find them. Look at the Romney-ObamaCare bill, it contains all kinds of stuff not even remotely related to health care.


17 posted on 10/06/2011 7:46:45 PM PDT by RetiredTexasVet (There's a pill for just about everything ... except stupid!)
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To: FatMax

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.


This is a bit different from having the right to a speedy trial (which the defendant may freely waive). It would appear to be a more inalienable right. It states that “Judicial power may not be construed,” not that “a state has the right to not be sued by Citizens of another state or by Citizens or Subjects of any Foreign State.”

Constitution trumps statute. More recent amendment trumps original clause.


18 posted on 10/06/2011 7:48:27 PM PDT by scrabblehack
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To: FatMax

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.


This is a bit different from having the right to a speedy trial (which the defendant may freely waive). It would appear to be a more inalienable right. It states that “Judicial power may not be construed,” not that “a state has the right to not be sued by Citizens of another state or by Citizens or Subjects of any Foreign State.”

Constitution trumps statute. More recent amendment trumps original clause.


19 posted on 10/06/2011 7:48:27 PM PDT by scrabblehack
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To: tsowellfan

Has Obama ever done anything that actually did not defy the Constitution?

*******************************

Yes, but that was with Larry Sinclair.


20 posted on 10/06/2011 7:48:30 PM PDT by Psalm 144 (Voodoo Republicans: Don't read their lips - watch their hands.)
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To: tsowellfan

There are certainly a lot of missing records. I think they are not released because (one) they will expose Obama’s socialist past and positions and (two) keeping them hidden allows his opponents - such as those seeking definitive proof of his citizenship - to be marginalized.


21 posted on 10/06/2011 7:50:47 PM PDT by FatMax
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To: FatMax

Since when did Obama consider the Constitution?


22 posted on 10/06/2011 7:50:47 PM PDT by lonestar (It takes a village of idiots to elect a village idiot.)
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To: FatMax
Here's an earlier FR thread on the same subject: http://www.freerepublic.com/focus/f-news/2780003/posts
23 posted on 10/06/2011 7:54:13 PM PDT by matt1234 (Bring back the HUAC.)
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To: lonestar

Obama has a crack team of lawyers to consider the Constitution and the law for him. They just have to find clever ways to get around it, such as defying the War Powers Act in Libya and scores of other examples.


24 posted on 10/06/2011 7:54:49 PM PDT by FatMax
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To: AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; ColdOne; Convert from ECUSA; ...

Thanks FatMax.
Why would the Federal government need to suspend the Constitution in order to save jobs?
The Federal government wouldn't. But Zero and his fellow jackbooted fascists need to suspend the Constitution so that they can continue to force everyone out of their jobs.


25 posted on 10/06/2011 7:57:46 PM PDT by SunkenCiv (It's never a bad time to FReep this link -- https://secure.freerepublic.com/donate/)
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To: FatMax

This is absurb. A simple law oborgates part of the Constitution, the “supreme law of the land.”


26 posted on 10/06/2011 8:00:34 PM PDT by HapaxLegamenon
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To: FatMax

Obama considers himself a Constitutionsl lawyer...


27 posted on 10/06/2011 8:06:17 PM PDT by lonestar (It takes a village of idiots to elect a village idiot.)
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To: EQAndyBuzz
more than a little truth in that statement
28 posted on 10/06/2011 8:10:35 PM PDT by Chode (American Hedonist - *DTOM* -ww- NO Pity for the LAZY)
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To: FatMax
Congress can, for example, require the states to waive their immunities as a condition for receipt of federal grants under the Spending Clause (Article I, Section 8, Clause 1).

I know they said this comes from Heritage, but how is it affected by Article IV Section 4:

Section 4 - Republican government

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

This administration is forcing states to give up their Republican form of government, and is organizing internal riots and mobs to attack the states.

-PJ

29 posted on 10/06/2011 8:10:41 PM PDT by Political Junkie Too (Everyone's Irish on St. Patrick's Day, Mexican on Cinco de Mayo, and American on Election Day.)
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30 posted on 10/06/2011 8:11:46 PM PDT by STARWISE (The overlords are in place .. we are a nation under siege .. pray, go Galt & hunker down)
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To: FatMax

It is sad that the lawyers are destroying this great nation!


31 posted on 10/06/2011 8:16:37 PM PDT by eeriegeno (<p>)
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To: Graewoulf
Just happened to see Cain being interviewed by Larry O’Donnell tonight when I was flipping channels. Cain did really well. O'Donnell tried so hard to make him look bad. Cain made O'Donnell look like a fool. When will people stop judging blacks by what they did 50 years ago??
32 posted on 10/06/2011 8:34:17 PM PDT by dandiegirl
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To: Crazy ole coot

You are correct. The only people that the constitution does not apply to are non-citizens and the military.


33 posted on 10/06/2011 8:34:39 PM PDT by pennyfarmer (Even a RINO will chew its foot off when caught in a trap.)
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To: Typical_Whitey

So lets say even though I am self employed, I one day decide to give up what I do for say, a week, and try and get a job as a High Up Gov’t Bureaucrat, but then the gov’t doesn’t hire me on (of course), can I sue the gov’t and collect because I wasn’t hired? After all I have been unemployed since 1993! (The Clinton Years!)


34 posted on 10/06/2011 8:41:48 PM PDT by abigkahuna
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To: FatMax

This bill has one and only one intention- To cause maximum CHAOS, as in all of Buckwheat’s decisions. And it’s so dead that they can’t find a dim to sponsor it. Mitch McConnell has tried to introduce it and Dingy is blocking it.


35 posted on 10/06/2011 8:41:51 PM PDT by matthew fuller (Compromise on the Holocaust would have killed three million Jews.)
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To: FatMax

Fortunately this stupid bill has zero chance of passing.


36 posted on 10/06/2011 8:43:45 PM PDT by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped.)
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To: dandiegirl

I saw the same interview, and I loved the part where Larry-O tried to misquote Cain and then “move on” to the next topic. Cain exploded, and forced Larry-O to listen to Cain’s correction. Cain reminded me a lot of Rumsfeld’s press conferences when he would do similar corrections to our sorry, liberal, hostile media. Or is it our hostile, liberal, sorry media?

As far as people judging others, I am reminded of two Quaker Brothers talking about the condition of the world.

QB1: Greetings, Brother.

QB2: Greetings to thee, my Brother. It is good to see thee. Especially now when the world is in such a chaotic state.

QB1: Yes, Brother, it is good to see thee too, and yes, the world is in a terrible state of affairs!

QB2: It is good to hear that thee agrees with me.

QB1: Yes, I do agree with thee that the world is headed down the wrong path.

QB2: Yes, - - - so true.

QB1 & 2: [A very long, thoughtful, silence].

QB1: Brother, would it not be a wonderful world if everyone believed like me and thee?

QB2: Yes, Brother it would indeed, - - - but sometimes I wonder about thee !?


37 posted on 10/07/2011 6:01:37 AM PDT by Graewoulf ( obama"care" violates the 1890 Sherman Anti-Trust Law, AND is illegal by the U.S. Constitution.)
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