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

[CrusaderFrank]

Good thing he's not doing an LBJ and giving Dems a chance in 2012.

There's alot of talk out there that he might not run...the left is clamouring for the Hildebeast...and even Nader is challanging him...

Obama's Narcissistic Personality Disorder prevents him from stepping aside

 

[The T]

Good thing he's not doing an LBJ and giving Dems a chance in 2012.

There's alot of talk out there that he might not run...the left is clamouring for the Hildebeast...and even Nader is challanging him...

Obama's Narcissistic Personality Disorder prevents him from stepping aside

He has become unhinged. You hear it now everytime he speaks.

 

[Caroljo]

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 due under current Constitutional rules.



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

Where was it hidden?

Read the link!!!! Wow

 

[The T]

Good thing he's not doing an LBJ and giving Dems a chance in 2012.

There's alot of talk out there that he might not run...the left is clamouring for the Hildebeast...and even Nader is challanging him...

Obama's Narcissistic Personality Disorder prevents him from stepping aside

There are theories being bantered about that if he is defeated in '12, he will refuse to step down...

 

[CrusaderFrank]

It's the equivalent of Bush submitting a bill that had a clause that stated

"Democrats, Progressives, Liberals and Left Wing Lunatic Fringe Moonbats count as 1/3 of a person"

 

[Caroljo]

There's alot of talk out there that he might not run...the left is clamouring for the Hildebeast...and even Nader is challanging him...

Obama's Narcissistic Personality Disorder prevents him from stepping aside

There are theories being bantered about that if he is defeated in '12, he will refuse to step down...

Wouldn't surprise me at all...i hear rumors sometimes that he's wanting to start a revolution, this may be what will work!

 

[CrusaderFrank]

There's alot of talk out there that he might not run...the left is clamouring for the Hildebeast...and even Nader is challanging him...

Obama's Narcissistic Personality Disorder prevents him from stepping aside

There are theories being bantered about that if he is defeated in '12, he will refuse to step down...

He's got that "Hitler in the Bunker" mentality to him as do many of his loyal followers

 

[mascale]

See 8.1.d.2 in the link below:

8.1 Enforcing Federal Rights Against States and State Officials | Federal Practice Manual for Legal Aid Attorneys

One problem with the Obama Stimulus is that in fact the states were able to keep the money, and send it instead to the bureaucrats and teachers who had caused the downturn in the first place. Instead of creating infrastructure spending projects to beef up the tax base, and get houses purchased--beefing up the property values: People Like Rick Perry kept all the money and claimed that it didn't work for them at all.

And then anyone can follow where it went, and not for education about math, in law, public policy, or economics. Mainly even Speaker Boehner is reduced to complaining about the warfare in class.

Rick Perry famously carries a gun when he goes jogging. Anyone in Watts or even in Harlem might suggest that he find a different neighborhood to run around in.

The Fantasies are strong with GOP-Runners, even, in the U. S. Federal House of Representatives. The Republican federal delegation in the Senate and the House: Has no apparent leadership at all. Boehner is reduced to pointing to a class, and claiming war is happening there(?)!

Doing the Math is actually not about putting Home Economics class, up against Calculus I--or less advanced math instruction--the Home Economics class can do(?)!

Millions likely shoot back, in the other one--For example, maybe the Governor of Texas(?)!

"Crow, James Crow: Shaken, Not Stirred!'
(Lands of Many Nations, even, can accept federal funds: If they are warned about it in advance! Many smokes need to happen! Supreme Court makes that Constitutional!)

 

[C_Clayton_Jones]

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 due under current Constitutional rules.

Incorrect.

It would seem both the OP and the author of the article cited in the OP are unaware of Ex Parte Young:

In Ex Parte Young, 209 U.S. 123 (1908), the Supreme Court provided an important exception to the 11th Amendment sovereign immunity States enjoy: the Stripping Doctrine.

The Stripping Doctrine is a legal fiction which allows injunctive relief against what are essentially state actions. While the 11th Amendment immunizes States from actions by private parties, the Stripping Doctrine argues that when a state officer takes an unconstitutional action, she acts beyond the scope of her authority, as no State could have authorized her to act unconstitutionally. When acting outside such authority the officer was "stripped" of her official power and cannot invoke the State's immunity, although she remains subject to the consequences of her official conduct.

The doctrine is a legal fiction because the officer, in acting unconstitutionally, was outside her official duties, but the citizen can now sue her for injunctive relief in her official capacity. Unless a citizen can enjoin the action the officer took in her official capacity, no remedy could be provided for an otherwise unconstitutional action (as the State itself is immune from prosecution).

The Article asks:

By what authority does a bill that seeks to “create jobs” and concern itself with things such as “payroll relief” and “teacher stabilization” have the right to override the 11th amendment?

The answer is the Supremacy Clause:

While the Supreme Court has recognized that states have a degree of sovereign immunity, the Court continues to uphold the supremacy of federal law. The Court has held that States cannot be sued in federal court even on federal question claims without their consent. But while the 11th Amendment may shield the state from suits in federal court, the amendment cannot bar review of state court judgments in a federal question context. The Supremacy Clause by its nature requires that the Supreme Court be capable of reviewing federal questions, and the 11th Amendment cannot immunize a state from such review.

Source of the cited above and more about the 11th Amendment:

11th Amendment

 

[Kuros]

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 due under current Constitutional rules.



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

I think that Obama needs a constitutional lawyer on his staff.

Federal legislation can condition funding to the States upon abrogation of the 11th Amendment.

ATASCADERO STATE HOSP. V. SCANLON, 473 U. S. 234 (1985)

But because the Eleventh Amendment implicates the fundamental constitutional balance between the Federal Government and the States, [Footnote 2] this Court consistently has held that these exceptions apply only when certain specific conditions are met. Thus, we have held that a State will be deemed to have waived its immunity;

"only where stated 'by the most express language or by such overwhelming implication from the text as [will] leave no room for any other reasonable construction.'"

. . .

When Congress chooses to subject the States to federal jurisdiction, it must do so specifically. Pennhurst II, 465 U.S. at 465 U. S. 99, citing Quern v. Jordan, 440 U. S. 332 (1979).

Indeed, the continued text of the relevant section is:

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 thisAct for a remedy authorized under Section 375(c) of this Act

Lastly, this language immediately follows the employment discrimination protections. The Civil Rights Act applies to the States under Sec. 5 of the 14th Amendment. Sec. 5 of the 14th Amendment allows Congress to specifically override the 11th Amendment's sovereign immunity protection when enforcing the 14th Amendment. FITZPATRICK V. BITZER, 427 U. S. 445 (1976)

 

[The T]

Obama's Narcissistic Personality Disorder prevents him from stepping aside

There are theories being bantered about that if he is defeated in '12, he will refuse to step down...

Wouldn't surprise me at all...i hear rumors sometimes that he's wanting to start a revolution, this may be what will work!

It might not be far from the truth with this Class Warfare crap he's started...pitting one citizen against another. For you see? This is his real formal traing in action as a Community Organizer/Professional shit-disturber.

 

[Dot Com]

The Blaze? Becks newsletter/web teevee show? Does Gov. Palin know about this USAR?

 

[Dot Com]

There are theories being bantered about that if he is defeated in '12, he will refuse to step down...

Wouldn't surprise me at all...i hear rumors sometimes that he's wanting to start a revolution, this may be what will work!

It might not be far from the truth with this Class Warfare crap he's started...pitting one citizen against another. For you see? This is his real formal traing in action as a Community Organizer/Professional shit-disturber.

 

[The T]

The Blaze? Becks newsletter/web teevee show? Does Gov. Palin know about this USAR?

Deflection noted.

 

[The T]

Wouldn't surprise me at all...i hear rumors sometimes that he's wanting to start a revolution, this may be what will work!

It might not be far from the truth with this Class Warfare crap he's started...pitting one citizen against another. For you see? This is his real formal traing in action as a Community Organizer/Professional shit-disturber.

Whatever this means and deflection noted.

 

[J.E.D]

Good thing he's not doing an LBJ and giving Dems a chance in 2012.

There's alot of talk out there that he might not run...the left is clamouring for the Hildebeast...and even Nader is challanging him...

Yeah, a lot of talk from wishful conservatives. Keep dreaming.

 

[J.E.D]

There's alot of talk out there that he might not run...the left is clamouring for the Hildebeast...and even Nader is challanging him...

Obama's Narcissistic Personality Disorder prevents him from stepping aside

There are theories being bantered about that if he is defeated in '12, he will refuse to step down...

Show me a link to those theories. 5 will get you 10, those theories belong to delusional, unhinged conservatives like Beck or Limbaugh.

 

[SFC Ollie]

Looks like he tried to slip another one through. Of course it won't make it through the house. And if it did the Supreme Court would again end up with it.

You have to wonder why all of this controversial BS from this administration. From the lies of transparency to suing AZ. Come to think of that, How can they sue a State under the 11th? Maybe that's why this is stuck in there?

 

[Caroljo]

Wouldn't surprise me at all...i hear rumors sometimes that he's wanting to start a revolution, this may be what will work!

It might not be far from the truth with this Class Warfare crap he's started...pitting one citizen against another. For you see? This is his real formal traing in action as a Community Organizer/Professional shit-disturber.

I DO!!! LOVE my beer! So..........you're wrong again! Lol!

 

[Salt Jones]

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 due under current Constitutional rules.

Incorrect.

It would seem both the OP and the author of the article cited in the OP are unaware of Ex Parte Young:

In Ex Parte Young, 209 U.S. 123 (1908), the Supreme Court provided an important exception to the 11th Amendment sovereign immunity States enjoy: the Stripping Doctrine.

The Stripping Doctrine is a legal fiction which allows injunctive relief against what are essentially state actions. While the 11th Amendment immunizes States from actions by private parties, the Stripping Doctrine argues that when a state officer takes an unconstitutional action, she acts beyond the scope of her authority, as no State could have authorized her to act unconstitutionally. When acting outside such authority the officer was "stripped" of her official power and cannot invoke the State's immunity, although she remains subject to the consequences of her official conduct.

The doctrine is a legal fiction because the officer, in acting unconstitutionally, was outside her official duties, but the citizen can now sue her for injunctive relief in her official capacity. Unless a citizen can enjoin the action the officer took in her official capacity, no remedy could be provided for an otherwise unconstitutional action (as the State itself is immune from prosecution).

The Article asks:

By what authority does a bill that seeks to “create jobs” and concern itself with things such as “payroll relief” and “teacher stabilization” have the right to override the 11th amendment?

The answer is the Supremacy Clause:

While the Supreme Court has recognized that states have a degree of sovereign immunity, the Court continues to uphold the supremacy of federal law. The Court has held that States cannot be sued in federal court even on federal question claims without their consent. But while the 11th Amendment may shield the state from suits in federal court, the amendment cannot bar review of state court judgments in a federal question context. The Supremacy Clause by its nature requires that the Supreme Court be capable of reviewing federal questions, and the 11th Amendment cannot immunize a state from such review.

Source of the cited above and more about the 11th Amendment:

11th Amendment

I guess the tea party crowd didn't finish reading the "Constitution for dummies".