Obama Jobs Bill explicitly declares 11th amendment null and void?

[Little-Acorn]

The 11th amendment to the U.S. Constitution says that a State cannot be sued, either by citizens of another state, or by people in another country. It's generally regarded as the Cosntitution's guarantee to states, that they are sovereign.

Apparently a section of the Obama Jobs Bill (the one he still hasn't gotten submitted in Congress to be discussed or voted on) baldly says, that the 11th amendment doesn't count any more. States now CAN be sued. It even names the 11th amendment specifically, and says that its protection is now gone.

I didn't even KNOW that a Federal law could simply overrule a Constitutional amendment like that. In fact, I still don't know it.

This is VERY weird.

Suppose Obama had put together a bill that said that the 6th amendment's requirement that "people on trial must have a lawyer", also didn't count? No reasons given, no attempt to explain why. Obama just writes a law saying that people can now be put on trial without a lawyer at all.

That would be just as weird as this passage in the Jobs Bill, saying that states now CAN be sued. Especially the plain language saying the 11th amendment no longer applies. Does anyone else find this flat overrulling of part of the Constitution, mind-boggling? Or is it just me?

Tossing out the 6th amendment would certainly get lots of press coverage. The screams would be deafening. Why isn't tossing out the 11th, getting any press?

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http://www.maggiesnotebook.com/2011/09/obama-jobs-bill-and-eleventh-amendment-state-sovereignty-extinguished/

Obama Jobs Bill and Eleventh Amendment: State Sovereignty Extinguished

September 20, 2011

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.


A passage from Obama's "Jobs Bill":

(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.


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.

[Gaffer]

They got to start somewhere so they will go after the lesser recognized amendments. This is all about nullifying the Constitution. That is the overall goal. They have a little more than a year to get everything into place. And the media will be sure the population remains ignorant.

[Thunderknuckles]

Just from reading what you posted of the Bill, does this mean that states can choose NOT to receive federal financial assistance and thus retain immunity? If States have a choice in this, I am only mildly aggravated about the bill. If not, Obama needs to be called out as an enemy of the Constitution and the U.S. in general.

[Little-Acorn]

Sure, there's no way this could become law, or last past its first Court hearing if it did.

But that's not the point here.

What U.S. lawmaker in his right mind, would write a proposed law saying, "Passage X in the Constitution that forbids this, doesn't apply here" ???

And yet one apparently just did.

And no one's acting like it's any big deal???

I don't recall ever seeing ANY proposed legislation that so blatantly announced its own unconstitutionality. Are we in the Twilight Zone or something here?

[chloe]

Gaffer made a thread about this yesterday, these two should be merged.:salute:

[ConHog]

Gaffer made a thread about this yesterday, these two should be merged.:salute:



I made a thread about your legs, they should be split apart. :dance:

[chloe]

I made a thread about your legs,cuz I'm a naughty boy. :dance:


My legs or sassylady's legs?;)........

[Gaffer]

LOL Con she got you good.

[KarlMarx]

Congress could come up with grounds for impeachment against the President and it would stick. This bill is just one more example of how the Executive branch is in deriliction of its duty to enforce federal laws on the books and defend the Constitution. Obama's decision to not enforce the Defense of Marriage Act (DOMA) is yet another example. When New York state legalized gay marriage, the Obama administration should have sued the state of New York for violating federal law. Whether you agree with gay marriage or not is of no consequence. The Executive is supposed to enforce existing federal law.

[ConHog]

My legs or sassylady's legs?;)........

Since I quoted YOU and wrote YOU in my post, we can assume I was talking about YOU.

Although I have been told Sassylady has some very shapely gams.