Does Obama's jobs bill actually defy the Constitution?

The US Report ^ | Oct. 6, 2011 | Chris Carter

[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...

[FatMax]

Growing government, stripping sovereignty, marginalizing opponents. Par for the course in Obama domestic policy.

[Baynative]

It defies reality ...that's a given!

[Typical_Whitey]

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......

[Graewoulf]

” - - - 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.

[Crazy ole coot]

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

[tsowellfan]

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

[mnehring]

Does Obama's _____fill in the blank_____ actually defy the Constitution?

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

[tsowellfan]

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

[Crazy ole coot]

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

[Chode]

and America takes another one in the........

[RushIsMyTeddyBear]

Since WHEN did the Constitution matter to this FREAK?

[Don Corleone]

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.

[EQAndyBuzz]

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.

[FatMax]

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.).

[Graewoulf]

” - - - 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?

[MtnClimber]

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

[RetiredTexasVet]

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.

[scrabblehack]

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.

[scrabblehack]

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.

[Psalm 144]

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

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

Yes, but that was with Larry Sinclair.