Does Obama's jobs bill actually defy the Constitution?
Thursday, October 6, 2011 at 3:29PM By Chris Carter
As discussed yesterday at The US Report, President Obama is peddling a jobs bill that contains elements that may actually be unconstitutional. But there appears to be more to the story.
The American Jobs Act states on page 133 (Section 176) that “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...”
This strips state sovereignty and increases dependence upon the Federal government. And if it were to pass, this legislation would open the door for trial lawyers to sue the states in Federal court. Just follow the money.
Here's what the Eleventh Amendment says:
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.
Basically, this amendment prevents the Federal government from hearing cases brought against a state by a citizen of another state or country. But Congress – and the states themselves if they so choose – can abrogate this Eleventh Amendment protection according to the Heritage Guide to the Constitution (pg. 376):
Congress can, for example, require the states to waive their immunities as a condition for receipt of federal grants under the Spending Clause (Article I, Section 8, Clause 1).
Why would the Federal government need to suspend the Constitution in order to save jobs? And when did the United States become so dependent on the government for jobs in the first place?
President Obama's proposed abrogation of the Constitution may not actually violate the Constitution, since the courts have determined that the Federal government can legally allow this Constitutional protection to be waived. But it is worth noting that the Eleventh Amendment was the first amendment Congress ratified after the Bill of Rights. They amended the Constitution for a reason, and it is best that we don't allow our president to strip it.
Related Stories
Provision in Obama jobs bill stomps 11th amendment to Constitution (The US Report)
American Jobs Act (The White House)