Obama’s Jobs Bill Ends State Sovereignty – Wake Up Governors!! (blog with a good point to make)

NoisyRoom.net ^ | No date | AJ and Toddy Littman

[Danae]

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 paragraph, the 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 day, after the date of enactment of this Act, on 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

Reference:

42 USC 2000d-4a which defines “program or activity”

[Danae]

I know this is off of a blog, but the information here seems to me worth discussing. Certainly if this is correct it is just more ammunition for killing Obama's newest tax hikes.

[SandRat]

Brought to you by
The America, Mussolini.

[SandRat]

The American, Mussolini.

[philman_36]

BMFL

[Venturer]

As I said in the other post. Everything Obama does has a trap hidden in it. His Obamacare is filled with them and now he seeks to steal the Sovereignty of States in a sneaky assed jobs bill.

Governors and Congress should start looking for reasons for this dick pulling this crap in his bills.

He is heating the frog a little at a time, and getting away with it.

tell him to take his bill and shove it.

[Army Air Corps]

FYI Ping.

[MagUSNRET]

“Mulatto Mussolini”

[Danae]

heating the frog... thats a good way to put it.

[SandRat]

Barrack Hussein "Idi-Amin” Obama.

[mo]

IMHO...this bill was written long ago when Congress was completely Democrat controlled...and was supposed to have been passed to deprive Flyover Country of whatever residual power they possess.

[sergeantdave]

“Obama’s Jobs Bill Ends State Sovereignty”

So when king obuma decides to end my state’s sovereignty, does he send his fat welfare momma division or the 50 IQ rappers who can’t hold a glock straight to get me?

I can appreciate fantasy as much as anyone, but let’s not give Buckwheat super-human powers.

Obuma is a fraud and a coward with no muscle backing him.

If Buckwheat wants to send out a fat SEIU thug to meet me on a hillside at sunrise and fight with broadswords, I’m free all week.

[novemberslady]

Bttt

[Yosemitest]

New Jobs Bill OVERRIDES STATE’s RIGHTS

What You’re Not Hearing About the New Jobs Bill:
It Overrides State’s Rights
September 20, 2011 at 12:01pm by Becket Adams

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.
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?

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].


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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.

They will literally make a Federal case out of it. The bill continues:

(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 enactment of this Act, on which a State first receives or uses Federal financial assistance for that program or activity.

c) Remedies Against State Officials- An official of a State may be sued in the official capacity of the official by any employee or applicant for employment who has complied with the applicable procedures of this Act, for relief that is authorized under this Act.

(d) Remedies Against the United States and the States- Notwithstanding any other provision of this Act, in an action or administrative proceeding against the United States or a State for a violation of this Act, remedies (including remedies at law and in equity) are available for the violation to the same extent as such remedies would be available against a non-governmental entity.

It would seem that The American Jobs Act was drafted in order to achieve statist goals rather than create jobs. The authority of individual states is all but thrown to the side.

Much like the healthcare struggle, provisions such as the ones mentioned in the above will incite a strong reaction. As well it should–the stakes are too high.

Dick Morris said it well when he wrote:

It is soft tyranny that requires us to sit by passively while our ethic of cultural assimilation is replaced by a permanent enshrining of diversity. It bids we let our rights to our own property, that we have worked for and acquired, be sublimated to government power disguised as human rights. It asks that we elevate the demand for equality over that for economic initiative and the incentives which propel them.

The American Jobs Act may or may not create jobs. It will, however, lessen and diminish the individuality of the states.

“Liberty once lost is lost forever,” John Adams said.

Read The American Jobs Act here.


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Muslim terrorist Barack Hussein Obama II, the ILLEGAL IMMIGRANT IN CHIEF is getting it done.
He's trashing the United States, any way he can.

Anybody recall a press release telling the masses about federal intelligence notes sent warning police about this cabal?

[Whenifhow]

The bill will essentially make everything under federal control.

[Whenifhow]

Here’s the link for the article:

http://noisyroom.net/blog/2011/09/19/obamas-jobs-bill-ends-state-sovereignty-%E2%80%93-wake-up-governors/

[Carry_Okie]

Yup, looks like a "hobs bill" to me!

This reminds me of the way they hid elements of Obamacare in the stimulus bill.

[parisa]

I don’t understand why people are getting so worked up over this moron and his antics. He is zero and he has zero legitimacy. No one is listening to him. Shun and spurn the narcissist and make him go mad!

[ForGod'sSake]

Thanks Army Air Corps! I believe the first I saw of this development appeared to be from an original FREEPER ESSAY.

Dear leader's "Fundamental Transformation" on display(If there was any doubt)!

Please ~ping~ me to articles relating to the 10th Amendment/States Rights so I can engage the pinger.

If you want on or off the ping list just say the word.

Additional Resources:

Tenth Amendment Chronicles Thread
Tenth Amendment Center
Firearms Freedom Act
Health Care Nullification

CLICK HERE TO FIND YOUR STATE REPRESENTATIVES

[SunkenCiv]

Thanks ForGod’sSake.

[Freedom56v2]

I agree with you~it is very worth discussing!
Thank you for posting!
BUMP!