RED ALERT: Obama's Jobs Bill Discovered To Override States Sovereign Authority

[Kuros]

You have to wonder why all of this controversial BS from this administration. From the lies of transparency to suing AZ.

It’s only controversial to the Administration’s political enemies. Otherwise you’d need to cite examples of ‘lies of transparency.’

Come to think of that, How can they sue a State under the 11th? Maybe that's why this is stuck in there?

Again, the Supremacy Clause. For example:

Alabama Immigration Law HB56 Enjoined by Federal Judge

In a very brief Order issued late today, Judge Sharon Lovelace Blackburn, Chief Judge of the Northern District of Alabama, enjoined the enforcement of HB56:

The Order comes in the consolidated cases of Hispanic Interest Coalition of Alabama v. Bentley; Parsley v. Bentley, and United States v. Bentley. We've previously discussed each of these three lawsuits have been brought against the controversial HB 56.

The Hispanic Interest Coalition case began with a 118 page complaint filed early in July raises eight constitutional claims including claims under the Supremacy Clause (arguing that the state law is pre-empted); Fourth Amendment; Equal Protection Clause; Due Process Clause; First Amendment claims including speech, assembly, and petition clauses, the Contracts Clause, and two Sixth Amendment claims.
Parlsey v. Bentley is the clergy complaint centering on the First Amendment Free Exercise Clause.

United States v. Bentley marks the DOJ's entry into the controversy, raising Supremacy Clause arguments as might be expected.

The law was scheduled to go into effect September 1.

Constitutional Law Prof Blog: Supremacy Clause

Hence the OP and OP article are a non-issue.

The Supremacy Clause? Dude, not in this case. That would render the 11th Amendment meaningless.

Sec. 5 of the 14th Amendment is an important exception to the 11th Amendment. The blog pulled that language out of the provisions dealing with employment discrimination. As we know, the Civil Rights Act's authority against State discrimination comes under Sec. 5 of the 14th Amendment. Fitzpatrick v. Bitzer, 427 U.S. 445 (1976) allows the US to abrogate state sovereign immunity under lawful exercise of its Sec. 5 14th Amendment authority.

 

[EriktheRed]

Wow, I don't think I've seen this much delusional winguttiness in one thread for quite a while.


The OP even cites a GLENN BECK website as a source!!!


What a bunch of morons!

 

[Intense]

AMENDMENT XI

Passed by Congress March 4, 1794. Ratified February 7, 1795.

Note: Article III, section 2, of the Constitution was modified by amendment 11.

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.

The Constitution of the United States: Amendments 11-27
---------------------------------------------------------------------------------------------

SEC. 376. FEDERAL AND STATE IMMUNITY.(a) Abrogation of State Immunity- A State shall not be immune under the 11thAmendment to the Constitution from a suit brought in a Federal court of competent jurisdictionfor 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 forany 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

134
an employee or applicant for employment of that program or activity under thisAct for a remedy authorized under Section 375(c) of this Act.(B) DEFINITION- In this paragraph, the term `program or activity' has themeaning given the term in section 606 of the Civil Rights Act of 1964 (42 U.S.C.2000d-4a).(2) EFFECTIVE DATE- With respect to a particular program or activity,paragraph (1) applies to conduct occurring on or after the day, after the date of enactmentof this Act, on which a State first receives or uses Federal financial assistance for thatprogram or activity.(c) Remedies Against State Officials- An official of a State may be sued in the officialcapacity of the official by any employee or applicant for employment who has complied with theapplicable procedures of this Act, for relief that is authorized under this Act.(d) Remedies Against the United States and the States- Notwithstanding any otherprovision of this Act, in an action or administrative proceeding against the United States or aState for a violation of this Act, remedies (including remedies at law and in equity) are availablefor the violation to the same extent as such remedies would be available against a non-governmental entity.
American Jobs Act
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The principal judicial brake on this power to abrogate state immunity has been application of a clear statement rule requiring that congressional intent to subject States to suit must be clearly expressed.75
CRS/LII Annotated Constitution Eleventh Amendment
-------------------------------------------------------------------------

A BillTo provide tax relief for American workers and businesses, to put workers back on the job whilerebuilding and modernizing America, and to provide pathways back to work for Americanslooking for jobs.Be it enacted by the Senate and House of Representatives of the United States in Congressassembled,

A Bill To give Federal Control and Jurisdiction over all things Employment Related. By design, All participating States relinquish All 11th Amendment protections and privileges.

Why? Where was the debate? What purpose is served here?

 

[Charles_Main]

This has just been discovered hidden inside Obama's jobs bill he wants to initiate. It is designed to override a state’s sovereign authority as defined and protected under the 11th amendment. The new bill states....Any state that receives Federal assistance under the direction of bill automatically forfeits its sovereign immunity. This is what the founders writing our Constitution clearly did not want. With this bill, Obama is doing something that he can not do under current Constitutional rules.



New Jobs Bill Overrides State’s Rights | TheBlaze.com

have not had time to read up on this, However I can say this.

If it is true, we have a system to deal with it. The Courts will eventually find it unconstitutional and strike it down.

 

[Maple]

This has just been discovered hidden inside Obama's jobs bill he wants to initiate. It is designed to override a state’s sovereign authority as defined and protected under the 11th amendment. The new bill states....Any state that receives Federal assistance under the direction of bill automatically forfeits its sovereign immunity. This is what the founders writing our Constitution clearly did not want. With this bill, Obama is doing something that he can not do under current Constitutional rules.



New Jobs Bill Overrides State’s Rights | TheBlaze.com

Why am I not surprised by this.. King Obama, the Socialist in Chief.

 

[mascale]

ErikTheRed poster goes on to notice, indirectly that the rights and understandings of human rights in the United States have been taken away in leadership-free GOP. Only the House Districts of the 64 Tea Party fantasies have any voting rights in the U. S. House of Representatives. No Representation of competing agenda is allowed in Tea Party, Leaderless GOP House of Representatives. Only one and not other views are allowed at the table.

So from ErikTheRed poster:

'Wow, I don't think I've seen this much delusional winguttiness in one thread for quite a while.'

'The OP even cites a GLENN BECK website as a source!!!'

'What a bunch of morons!'

Most recently, the absence of leadership at GOP is complaining that QE2 at Federal Reserve hasn't worked for the GOP. The Unemployment Rate is not skyrocketing, like Bush-Cheney-McConnel-Boehner intended and created. They intended and caused the downturn, starting with the paltry responses in 2007.

The New Administration of Obama-Biden did the big things, and left the states to do federal things. The states mainly hoarded the money, and kept employed the teachers who had intended and taught the downturn of events in the first place.

No sufficient public works and local tax base projects spending was created. In their sophisticated, Ivy League ways: First the lubricant had to be applied, so now the stimulus can be more exciting(?).

Anyone notices that the Party of Abraham Lincoln is still in play. . .if it is, when really it is not(?)!

"Crow, James Crow: Shaken, Not Stirred!"
(64 fantasies now in House to make sure nothing gets done. 64 Fantasies then complain that nothing is getting done(?)!)

 

[bripat9643]

"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."

I'm shocked Obama wants to rewrite the Constitution. Shocked.

Obama Fluffers to the rescue in 5, 4, 3, 2...

Obama claims to be a Constitutional scholar. If he actually was one, he would know that no act of Congress can change the terms of the Constitution.

Obama is a dishonest fascist asshole.

 

[Conservative]

I bet Bush snuck that section in.