Obama Jobs Bill and Eleventh Amendment: State Sovereignty Extinguished

The Obama Jobs legislation took care to add a complete section waiving State’s “sovereign immunity.” It involves anything the Feds might be involved in, in creating jobs within any state, and specifically if the State takes Federal monies. I don’t know how Federal assistance might be construed, outside this particular bill, but I bet it creeps into areas we can’t imagine. The video below is the best you will likely ever find on our system of government, as set-up by our Founders. Call your Governor’s office, please, about Section 376 of the Obama Jobs legislation, and show the video to your children and your Liberal friends. 

The Eleventh Amendment:

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.

 Pull-out Quote [bolded emphasis mine]:

(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.

Obama’s Jobs Bill ends State Sovereignty – Wake Up Governors!!
NoisyRoom and Gulag Bound
By: AJ for NoisyRoom
Contributor: Toddy Littman

 

Section 376 of Obama’s tax and spend “jobs” bill ends state sovereignty, turns our Republic into a dictatorship and destroys the foundation upon which our country was built. The fundamental transformation of America is almost complete.

Read the bill. (Emphasis added)

“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.

(B) DEFINITION- In this paragraphthe term `program or activity’ has the meaning given the term in section 606 of the Civil Rights Act of 1964 (42 U.S.C. 2000d-4a).”

Here is the link to 42 USC 2000d-4a which defines “program or activity”:

“For the purposes of this subchapter, the term “program or activity” and the term “program” mean all of the operations of

(1)
(A) a department, agency, special purpose district, or other instrumentality of a State or of a local government; or

(B) the entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government;”

Also…

any part of which is extended Federal financial assistance.”

The above is stated as an extension of the actual citation of the general section itself.

More from Section 376 (emphasis added):

“(2) EFFECTIVE DATE- With respect to a particular program or activity, paragraph (1) applies to conduct occurring on or after the dayafter the date of enactment of this Acton which a State first receives or uses Federal financial assistance for that program or activity.”

Wake up Governors!! Wake up America!! Tell Congress about Section 376 and why they must not pass this bill.

Obama’s tax and spend “jobs” bill is a stealth move to end state sovereignty and transform what made our nation the greatest country the world has ever known. If Obama’s bill passes, kiss freedom goodbye and say hello to tyranny.


The American Form of Government (video)

End Noisy Room and Gulag Bound article

The bill will not pass, but never let it leave your memory that this administration seeks total power.

Posted by Maggie @ Maggie’s Notebook

  • The Mayors conference is in full swing and they are all for this Bill. All they can see is $$$$$ in infrastructure spending and the creation of a Bank to disperse the funds from Obama farce. Why in the name of heaven would they support anything with the name Bank on it that will be run by the Feds? Hunger for $$$$$ is causing blindness and stupidity in thinking.

    We had better hope that the Bill does not pass but don’t hold your breath after all it is election time and re-election dreams overrule common sense.

  • And Maggie, I’m ‘stealing ” this and cross posting it on my blog.

    • Thant’s great ticker. Thank you! I’ve just tweeted every U.S. Republican governor. It won’t pass, if we can believe any Republican on the Hill, but we must never forget the grab for total power.

  • Great catch, Maggie. The name of the game is power and control.

  • Something tells me this is going to be used to attack anyone who opposes the wishes of the unions in any form. Hire a teacher for a local school. Teacher sues state. Viola, Wisconsin has to throw out all reforms regarding public labor unions. Remember with this guy its all about political pay offs.

    Furthermore, I don’t think he cares if it passes. Either way is good for him. He gets to either destroy the ability of states to negotiate with unions, or more importantly, he might be able to see the bill fail to pass, so he can blame it on someone else. He knows it is too late to fix the economy, he knows his policies wont fix anything. What he really needs is for a dramatic failure of his jobs bill so he can blame it on republicans.

    So from his point of view, throw the kitchen sink in, every far left poison pill on the wish list. Lose Lose = Win Win for him.

  • PS: I have decided that my prior post is so critical of the Obama admin that I must report myself to attackwatch.com .

  • Pingback: Provision in Obama’s Jobs Bill Strips States of Sovereign Immunity | The Lonely Conservative()

  • I’ve been waiting on the MSM to report on this…been waiting, waiting, waiting…and waiting…Oh well