10th Amendment

What You’re Not Hearing About the New Jobs Bill: It Overrides State’s Rights

Submitted by Ken Eyring on

Under the bill’s authority, states are not immune from federal prosecution if they “violate” the act. In the event this bill passes, it will override a state’s sovereign authority as defined and protected under the 11th amendment:  Buried 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.

States Cannot Protect Their Citizens from the Federal Government?

Submitted by Andy Bridge on

 

Who said, “A state possesses no legitimate interest in protecting its citizens from the government of the United States.”

If you guessed Judge Diana Gribbon Motz of the Fourth U.S.Circuit Court of Appeals you’re right. In a decision affirming Obamacare as being constitutional the court ruled that the State of Virginia had no legal standing since “the state itself wasn’t burdened by the individual insurance requirement”, and “a state possesses no legitimate interest in protecting its citizens from the government of the United States”.

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