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Jobs Bill will waive State Immunity?

Just got a post from one of the many nings out there warning that the Jobs Bill waives state's immunity from suits brought by employees or applicants for programs being funded by the Federal Government.

[ Post source: http://www.912communique.com/forum/topics/action-alert-the-f... ]

Tactically it makes sense.

Once you have enough widespread poverty, throw in an opportunity for millions of unemployed people to sue states for any real or imagined infraction that will supercharge unrest to riotous proportions leaving martial law as the only option in most major cities.

Well played globalists...well played (unless we make enough noise and stop them). This is just the type of thing that's fun to get up and speak at County Commissioner meetings about since it includes local governments as being part of the targeted group.

Here's the main text of the post:

Read the bill. (Emphasis added) [ http://www.whitehouse.gov/sites/default/files/omb/legislativ... ]


(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-


(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”: http://www.law.cornell.edu/uscode/42/usc_sec_42_00002000---d...

“For the purposes of this subchapter, the term “program or activity” and the term “program” mean all of the operations of—

(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;”


“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.”


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How can a mere act change the scope of federal jurisdiction

which is limited by the Constitution?

Wouldn't that take an amendment?

Nothing new here...

ANYTIME you accept money from the federal government, which is of course our money, there are stipulations...and it always includes either giving up your rights to something and/or giving the federal government control over your program.

It has happened around here with volunteer firefighters and every other place you can imagine.

Business as usual?

So is this really just more of the status quo, meaning this same provision can be found in many other bills previously passed through Congress on to the States, or are they going for a bigger chunk of the federal power pie with this stipulation?

I remember similar provisions for one States' accepted Stimulus funds regarding taking on the new unemployment rates set by the Feds after two years (or when the money ran out).

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