With the introduction of The American Jobs Act, Americans may soon witness a rerun of the Obama healthcare struggle. Much like its predecessor, president Obama’s newest bill contains certain provisions that would appear to benefit those who wrote the bill more than those for whom the bill was supposedly written.
For instance, buried deep, deep on page 133 of the bill, it states:
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.
It gets even better:
(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 [emphasis added].
Any state that receives Federal assistance under the direction of bill automatically forfeits its sovereign immunity. Should an employe of the act seek federal prosecution, the state must abide.
They will literally make a Federal case out of it