Does The American Jobs Act Destroy State Sovereignty?

By:  Raven Clabough
09/22/2011
       
Does The American Jobs Act Destroy State Sovereignty?

The American Jobs Act has already faced a flurry of criticism for a variety of reasons, including the cost and the likelihood that it will do little to create jobs. The most recent cause for criticism, however, follows the revelation that the bill could potentially destroy state sovereignty.

Section 376 of the bill reads:

            SEC. 376. FEDERAL AND STATE IMMUNITY.

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.
In other words, under the authority of the jobs bill, states are not immune from federal prosecution if they are in violation of the act. The Blaze explains, “In the event this bill passes, it will override a state’s sovereign authority as defined and protected under the 11th Amendment.” It reads:
 

The American Jobs Act has already faced a flurry of criticism for a variety of reasons, including the cost and the likelihood that it will do little to create jobs. The most recent cause for criticism, however, follows the revelation that the bill could potentially destroy state sovereignty.

Section 376 of the bill reads:

            SEC. 376. FEDERAL AND STATE IMMUNITY.

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.
In other words, under the authority of the jobs bill, states are not immune from federal prosecution if they are in violation of the act. The Blaze explains, “In the event this bill passes, it will override a state’s sovereign authority as defined and protected under the 11th Amendment.” It reads:

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Photos: U.S. Capitol (top) and California State Capitol (bottom)
 

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