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<blockquote data-quote="Babagounj" data-source="post: 881544" data-attributes="member: 12952"><a href="http://biggovernment.com/jgriffith/2011/09/22/clause-in-obama-jobs-plan-requires-states-to-forfeit-11th-amendment-rights/" target="_blank">Clause in Obama Jobs Plan Requires States to Forfeit 11th Amendment Rights</a>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp; by&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; <a href="http://biggovernment.com/author/jgriffith" target="_blank">&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp; Joel Griffith&nbsp; &nbsp; </a>The American Jobs Act exposes states to frivolous lawsuits while&nbsp; providing a boon to trial lawyers seeking government settlement money.&nbsp;&nbsp; The President made no mention of this boon to the trial bar in his&nbsp; national jobs speech.&nbsp; Nor does the glossy overview of the <a href="http://www.whitehouse.gov/jobsact#overview" target="_blank">American Jobs Act (Act) on the Whitehouse website</a>&nbsp; mention this gift.&nbsp; Instead, one must delve deep within the bill to&nbsp; perceive this threat to state governments— 376 sections into it to be&nbsp; exact.Section 376 of the Act guts the Eleventh Amendment of the&nbsp; Constitution by requiring states to forfeit their sovereign immunity&nbsp; rights guaranteed by this Amendment upon receipt of certain government&nbsp; funds.&nbsp;&nbsp; This opens the door for expensive litigation against states.&nbsp;&nbsp; Such litigation is a boon for trial lawyers but serves as a millstone&nbsp; around the neck of drowning taxpayers.The Eleventh Amendment of the <a href="http://www.usconstitution.net/const.html#Am11" target="_blank">United States Constitution states</a>:The Judicial power of the United States shall not be&nbsp; construed to extend to any suit in law or equity, commenced or&nbsp; prosecuted against one of the United States by Citizens of another&nbsp; State, or by Citizens or Subjects of any Foreign State.The Supreme Court held in 1890 that this amendment prohibits suits&nbsp; brought against a state by its own citizens as well as from citizens of&nbsp; other states.&nbsp; (<a href="http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&amp;vol=134&amp;invol=1" target="_blank">Hans v. Louisiana,134 U.S. 1 (1890</a>)).</blockquote>

[QUOTE="Babagounj, post: 881544, member: 12952"] [URL='http://biggovernment.com/jgriffith/2011/09/22/clause-in-obama-jobs-plan-requires-states-to-forfeit-11th-amendment-rights/']Clause in Obama Jobs Plan Requires States to Forfeit 11th Amendment Rights[/URL] by [B][URL='http://biggovernment.com/author/jgriffith'] Joel Griffith [/URL][/B] 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 [URL='http://www.whitehouse.gov/jobsact#overview']American Jobs Act (Act) on the Whitehouse website[/URL] 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 [URL='http://www.usconstitution.net/const.html#Am11']United States Constitution states[/URL]: [I]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.[/I] 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. ([URL='http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=134&invol=1'][I]Hans v. Louisiana,[/I]134 U.S. 1 (1890[/URL])). [/QUOTE]

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