Obama's jobs bill: Section 376, subsection 2 - State Sovereign Immunity is waived, “after the date of enactment of this Act” for all States that receive "or use Federal financial assistance for any program or activity of a State".
American Jobs Act: “The Illegal Alien & Unemployed Civil Rights Act”
September 16, 2011
Okay, so I go to the White House web link for the “American Jobs Act,” http://www.whitehouse.gov/sites/default/files/omb/legislative/reports/american-jobs-act.pdf
(Please try to get a copy of the act, as when I posted this to the website, the indentation and such is lost). A friend pointed out that
section 376 mentions that States lose their Sovereign Immunity under this section, and it appears this is true. First the relevant text, and please note that all emphasis hereinafter is mine (I'll be noting to you what I am drawing from this in Quick Summaries, with a final Conclusion at the end. If you wish to skip down to that, that's fine):
“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's a link to 42 USC 2000d-4a,
http://www.law.cornell.edu/uscode/42/usc_sec_42_00002000---d004a.html which defines program or activity, in relevant portions:
“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;”
And also....(I am trying to keep this as easy as possible, believe me):
“any part of which is extended Federal financial assistance.” is said uncapitalized, and not as another sentence, but as an extension of the actual citation of the general section itself, unindented.
And now, continuing section 376 in the “American Jobs Act:”
“ (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.”
First Quick Summary
Essentially, according to subsection 2, of Section 376, of the American Jobs Act, cited above, States who have received, according to subsection 1 (A), Federal Financial Assistance from the National Government for “any program or activity of a State” will immediately be subject to this section of the American Jobs Act, where State Sovereign Immunity is waived, “after the date of enactment of this Act.”
Again continuing section 376:
“(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.”
Cumulative Second Quick Summary
An officer of the State of Arizona, for instance, is subject to lawsuit, according to subsection “c” above, on the basis of their State taking Federal Financial Assistance for any program. The same officer can be subject to criminal penalties, “including remedies at law and in equity”) and has no immunity, under subsection “d.”
So now we must know what this section is relating to, explain what a “violation of this act” is, and this is defined quite a bit more, so I'll post what gives the gist of it, from Section 374:
“SEC. 374. PROHIBITED ACTS.
(a) Employers- It shall be an unlawful employment practice for an employer to--
(1) publish in print, on the Internet, or in any other medium, an advertisement or announcement for an employee for any job that includes-
(A) any provision stating or indicating that an individual's status as unemployed disqualifies the individual for any employment opportunity; or
(B) any provision stating or indicating that an employer will not consider or hire an individual for any employment opportunity based on that individual's status as unemployed; or
(2) fail or refuse to consider for employment, or fail or refuse to hire, an individual as an employee because of the individual's status as unemployed;
(3) direct or request that an employment agency take an individual's status as unemployed into account to disqualify an applicant for consideration, screening, or referral for employment as an employee. ”
Conclusion
So a State, nor any other employer, may use the current employment status of the employee as any criteria for their employment, and that includes the State Government as well (You'll notice no waiver of Federal Sovereign Immunity).
Now, what's a really fun thing to do when reading the document, press and hold the “Ctrl” key (“clover” key on Macs I believe), then tap the “F” key, and the search menu pops up in acrobat reader. Type in “Citizen,” “Illegal,” “Alien,” and “undocumented.” Isn't it fascinating that there's no provision to make sure those who are in this country illegally, and have no record of employment, and thus would only show up as unemployed, due to their illegal hiring even when they have worked, are not exempt from being able to impose the above legal provisions of this act.
And this is without mentioning how from section 371 to 376, the American Jobs Act, treats the States as vassals of the Federal Government, Noble Houses, whose Financial situation is to be exploited for the sake of the President of the United States' National Government & Political goals.
Abhorrent entirely to American government, ignoring entirely Our Constitution, except to make specific reference to losing ancient immunities that took an act of a Constitutional Amendment to secure, being assumed able to be undermined by a mere statutory act of Congress, while our nation and people are under economic duress.
Persistence it is to “never let a crisis go to waste,” our Illustrious leader puts out a plan in an appearance of moving toward bipartisanship, while assaulting the very fabric of American Government once more. The entire Democratic Party, at this point, is merely a charade, a feigned patriotism, a feigned concern for the American People, anything to be able to pass legislation that destroys the foundation of the American Republic.
Imagine illegal aliens going to a U.S. Attorney to file charges against Governor Brewer, or any other Governor who has signed an immigration law, on the grounds that the law was used to demonstrate that the applicant was unemployed, and unemployable, due to not being legally in the United States of America. The ACLU would grab these up by the bunch, suing every State, eventually with a class action lawsuit, totally breaking the bank. And that's just using illegal aliens.
Lawyers, at least this used to be the case, were required to do 2 pro bono (“for the public good” and thereby the client isn't charged) cases every year. I can see them grabbing every case where someone was unemployed and applied for a job, to make it into “how the poor are being kept poor,” and using this legislation as a “Worker's Civil Rights Act” (just look at how many times reference to the “Civil Rights Act of 1964” is found when searching the American Jobs Act.).
The American Jobs Act is a set-up, is something that is antecedent to the formation of this “Politburo” super Congress, and therefore should not be given ANY consideration in how or what they cut, either.
By the American Jobs Act, what you are witnessing, is that 4th Quarter “Hail Mary” football pass in trying to finally destroy the structure, as well as liquidate the body politic, of America and our individual resources to fight back, being carried on by the “Progressive-Terrorist-In-Chief,” to leverage our desire for jobs against our desire to keep our Freedom, hoping we'll be so desperate that we'll choose not to keep what is left of the check and balance power of the States.
As much as people need employment, I, for one, do not believe that sacrificing our form of government over a Progressive-created economic crisis, what appears to be the true purpose of the “American Jobs Act,” is in the best interest of America, and that we must weather this storm as best we can until we can remove Barack “Hugo Chavez Jr.” Obama from office.
Thank you for reading,
Toddy
