Friday, September 23, 2011

Obama Jobs Bill Requires that States to Forfeit 11th Amendment Rights (Sovereignty)


The American Jobs Act exposes states to frivolous lawsuits while providing a boon to trial lawyers seeking government settlement money.  The President made no mention of this boon to the trial bar in his national jobs speech.  Nor does the glossy overview of the American Jobs Act (Act) on the Whitehouse website mention this gift.  Instead, one must delve deep within the bill to perceive this threat to state governments— 376 sections into it to be exact.

Section 376 of the Act guts the Eleventh Amendment of the Constitution by requiring states to forfeit their sovereign immunity rights guaranteed by this Amendment upon receipt of certain government funds.   This opens the door for expensive litigation against states.  Such litigation is a boon for trial lawyers but serves as a millstone around the neck of drowning taxpayers.

The Eleventh Amendment of the United States Constitution states:

'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.'

The Supreme Court held in 1890 that this amendment prohibits suits brought against a state by its own citizens as well as from citizens of other states.  (Hans v. Louisiana,134 U.S. 1 (1890)).  Without this doctrine of sovereign immunity, lawsuits brought by private individuals could result in states being forced to pay monetary damages for alleged violations.  People with valid claims against the State would not be the only ones collecting monetary damages.…”      


Shhh! Don't tell the unions.

What is this a stimulus package for trial attorneys?

The list of reasons to vote this bastard out gets longer by the hour.

Bottom line, as with all things Obama this bill is unconstitutional (as if Obama cares).

All posts cross-posted on PUMABydesign001's Blog