http://www.theblaze.com/stories/what-you%E2%80%99re-not-hearing-about-the-new-jobs-bill-it-overrides-state%E2%80%99s-rights/With the introduction of The American Jobs Act, Americans may soon witness a rerun of the Obama healthcare struggle. Much like its predecessor, president Obama’s newest bill contains certain provisions that would appear to benefit those who wrote the bill more than those for whom the bill was supposedly written. For instance, buried deep, deep on page 133 of
the bill, it states:
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.
Come again? Under the bill’s authority, states are not immune from federal prosecution if they violate the act. In the event this bill passes, it will override a state’s sovereign authority as defined and protected under the
11th 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.
Odd that a bill that seeks to “create jobs” and one that concerns itself with things such as “payroll relief” and “teacher stabilization” can also override the 11th amendment.
It gets even better:
(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 [emphasis added]. Any state that receives Federal assistance under the direction of bill automatically forfeits its sovereign immunity. Should an employe of the act seek federal prosecution, the state must abide.
~read more at the link~
