Tuesday, September 20, 2011

Jobs Bill Force States to Surrender Sovereignty - Wake Up Governors!!

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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”

By: AJ for NoisyRoom  -  Contributor: Toddy Littman

Related: 

American Jobs Act:  “The Illegal Alien & Unemployment Rights Act”

President’s Weekly Address: “Pass my Bill”, Love Me, “Pass my Bill”, Love Me, “Pass My Bill”….

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