Jobs bill “repeals” 11th Amendment
Posted by Jack Minor, Greeley Gazette, October 9, 2011
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The President’s jobs bill would effectively repeal the 11th Amendment for any state that receives federal funding anytime after the bill becomes law.

During the healthcare bill, Nancy Pelosi said Congress needed to pass the bill so we could see what was in it. President Obama appears to be taking a similar attitude with his jobs bill. The legislation features several key provisions in other areas besides simply creating jobs.

Individuals who have had their hours reduced, but remain employed, would be eligible for unemployment benefits. Employers who participate in this short-term compensation program will be required to continue to provide health and retirement benefits while an employee is collecting unemployment benefits.

While Obama touts the bill as putting construction workers and teachers to work, the bill contains provisions that appear to be designed to provide job opportunities for lawyers by removing constitutional protections on states.

Under current law, employers are forbidden from discriminating based on race, color, religion, sex, national origin, citizenship status, disability or age. The jobs bill would add unemployment to the list.

Critics have said that adding unemployment to protected class status could actually deter hiring because employers will be so afraid of being sued, they will leave open jobs unfilled as long as possible to avoid litigation.

In addition to adding unemployment to the protected class list, the bill also removes constitutional protections from states regarding discrimination and other lawsuits.

Section 376 of the bill would require any state receiving “Federal financial assistance for any program or activity” to waive their rights as guaranteed under the 11th Amendment to the Constitution. This condition would apply even if states do not take any funding from the jobs bill. If a state takes federal money for any purchase, such as education or highway funds, they waive their 11th Amendment rights.

The 11th Amendment states, “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.”

The amendment gives states “sovereign immunity” from lawsuits for monetary damages or equitable relief without consent. By requiring states to waive this immunity, an unemployed person applying for any government job could then sue the state for not getting the job.

The jobs bill would also provide funds to state agencies, enabling them to purchase, sell and rent foreclosed homes. This has the potential to place the government in competition with local realtors and landlords. The government also provides funds for qualified non-profits to purchase, renovate and sell foreclosed homes.

Affordable Housing Centers of American (AHCOA), which is an offshoot of the Association of Community Organizations for Reform Now (ACORN) was recently awarded a $78,819 grant by the Obama Department of Housing and Urban Development.

During the 2007 presidential campaign, then Sen. Obama addressed ACORN and praised them for their work. “I’ve been fighting alongside ACORN on issues you care about my entire career. Even before I was an elected official, when I ran Project Vote voter registration drive in Illinois, ACORN was smack dab in the middle of it, and we appreciate your work.”

During the primary campaign against Hillary Clinton, Obama’s campaign paid over $800,000 to ACORN to help “get out the vote.”