How the American Jobs Bill Destroys State Sovereignty & Licenses Illegal Immigrants

or,

A Trojan Horse in the Animal Farm

 

The Naath (or Nuer) of the Sudan bleed as well as milk their cows, then mix both together in a soup.

This alert was posted by conservative legal analyst, “Toddy Littman” in his blog ChangingWind.org and suggested by Gulag Bound intel agent Heather. I suggest perusing it and sharing it with your representatives, if you have such things, in Congress. (Who of them, do you suppose, are reading the bill?)

Pay to play, where states pay by giving up their sovereignty in wildly expanded areas affected by this act? — like Esau giving up his birthright for a bowl of soup?

This is just the kind of operation we are used to seeing from the Obama-Reid-Pelosi regime. It is the insane and classic Alinsky and Cloward-Piven stratagem of overrunning our ability to fund our republic, on the one hand, to lead to collapse and revolution, and on the other hand, the building up of anti-American, authoritarian central government, to be the “revolution.” As if that were anything new in the world.

The result, of course, is Animal Farm, where the People and the States exist to feed the Ruling Class and their financiers.  Meanwhile, their dupes chant, “Eat the rich!” meaning, unbeknownst to them, the formerly Sovereign, free, and prosperous American Citizenry, exceptional in world history (as opposed to the mega-wealthy and mega-powerful, who do the eating).

Beware loosely worded usurpations of our most essential rights.  Let us make this known. – AW

 

American Jobs Act: “The Illegal Alien & Unemployed Civil Rights Act”

Posted by Toddy Littman | Posted on 16 Sep : 15:43 |c


Okay, so I go to the White House web link for the “American Jobs Act,”http://www.whitehouse.gov/sites/default/files/omb/legislative/reports/american-jobs-act.pdf (Please try to get a copy of the act, as when I posted this to the website, the indentation and such is lost). A friend pointed out that section 376 mentions that States lose their Sovereign Immunity under this section, and it appears this is true. First the relevant text, and please note that all emphasis hereinafter is mine (I’ll be noting to you what I am drawing from this in Quick Summaries, with a final Conclusion at the end. If you wish to skip down to that, that’s fine):

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.

(b) Waiver of State Immunity-

(1) IN GENERAL-

(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.

(B) DEFINITION- In this paragraph, the term `program or activity’ has the meaning given the term in section 606 of the Civil Rights Act of 1964 (42 U.S.C. 2000d-4a).

Here’s a link to 42 USC 2000d-4a,http://www.law.cornell.edu/uscode/42/usc_sec_42_00002000—d004a.html, which defines program or activity, in relevant portions:

For the purposes of this subchapter, the term “program or activity” and the term “program” mean all of the operations of

(1)

(A) a department, agency, special purpose district, or other instrumentality of a State or of a local government; or

(B) the entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government;

And also….(I am trying to keep this as easy as possible, believe me):

any part of which is extended Federal financial assistance.” is said uncapitalized, and not as another sentence, but as an extension of the actual citation of the general section itself, unindented.

And now, continuing section 376 in the “American Jobs Act:”

(2) EFFECTIVE DATE- With respect to a particular program or activity, paragraph (1) applies to conduct occurring on or after the dayafter the date of enactment of this Acton which a State first receives or uses Federal financial assistance for that program or activity.”

First Quick Summary

Essentially, according to subsection 2, of Section 376, of the American Jobs Act, cited above, States who have received, according to subsection 1 (A), Federal Financial Assistance from the National Government for “any program or activity of a State” will immediately be subject to this section of the American Jobs Act, where State Sovereign Immunity is waived, “after the date of enactment of this Act.”

Again continuing section 376:

(c) Remedies Against State Officials- An official of a State may be sued in the official capacity of the official by any employee or applicant for employment who has complied with the applicable procedures of this Act, for relief that is authorized under this Act.

(d) Remedies Against the United States and the States- Notwithstanding any other provision of this Act, in an action or administrative proceeding against the United States or a State for a violation of this Actremedies (including remedies at law and in equity) are available for the violation to the same extent as such remedies would be available against a non-governmental entity.

Cumulative Second Quick Summary

An officer of the State of Arizona, for instance, is subject to lawsuit, according to subsection “c” above, on the basis of their State taking Federal Financial Assistance for any program. The same officer can be subject to criminal penalties, “including remedies at law and in equity”) and has no immunity, under subsection “d.”

So now we must know what this section is relating to, explain what a “violation of this act” is, and this is defined quite a bit more, so I’ll post what gives the gist of it, from Section 374:

SEC. 374. PROHIBITED ACTS.

(a) Employers- It shall be an unlawful employment practice for an employer to–

(1) publish in print, on the Internet, or in any other medium, an advertisement or announcement for an employee for any job that includes-

(A) any provision stating or indicating that an individual’s status as unemployed disqualifies the individual for any employment opportunity; or

(B) any provision stating or indicating that an employer will not consider or hire an individual for any employment opportunity based on that individual’s status as unemployed; or

(2) fail or refuse to consider for employment, or fail or refuse to hire, an individual as an employee because of the individual’s status as unemployed;

(3) direct or request that an employment agency take an individual’s status as unemployed into account to disqualify an applicant for consideration, screening, or referral for employment as an employee. 

Conclusion

So a State, nor any other employer, may use the current employment status of the employee as any criteria for their employment, and that includes the State Government as well (You’ll notice no waiver of Federal Sovereign Immunity).

Now, what’s a really fun thing to do when reading the document, press and hold the “Ctrl” key (“clover” key on Macs I believe), then tap the “F” key, and the search menu pops up in acrobat reader. Type in “Citizen,” “Illegal,” “Alien,” and “undocumented.” Isn’t it fascinating that there’s no provision to make sure those who are in this country illegally, and have no record of employment, and thus would only show up as unemployed, due to their illegal hiring even when they have worked, are not exempt from being able to impose the above legal provisions of this act.

And this is without mentioning how from section 371 to 376, the American Jobs Act, treats the States as vassals of the Federal Government, Noble Houses, whose Financial situation is to be exploited for the sake of the President of the United States’ National Government & Political goals.

Abhorrent entirely to American government, ignoring entirely Our Constitution, except to make specific reference to losing ancient immunities that took an act of a Constitutional Amendment to secure, being assumed able to be undermined by a mere statutory act of Congress, while our nation and people are under economic duress.

Persistence it is to “never let a crisis go to waste,” our Illustrious leader puts out a plan in an appearance of moving toward bipartisanship, while assaulting the very fabric of American Government once more. The entire Democratic Party, at this point, is merely a charade, a feigned patriotism, a feigned concern for the American People, anything to be able to pass legislation that destroys the foundation of the American Republic.

Imagine illegal aliens going to a U.S. Attorney to file charges against Governor Brewer, or any other Governor who has signed an immigration law, on the grounds that the law was used to demonstrate that the applicant was unemployed, and unemployable, due to not being legally in the United States of America. The ACLU would grab these up by the bunch, suing every State, eventually with a class action lawsuit, totally breaking the bank. And that’s just using illegal aliens.

Lawyers, at least this used to be the case, were required to do 2 pro bono (“for the public good” and thereby the client isn’t charged) cases every year. I can see them grabbing every case where someone was unemployed and applied for a job, to make it into “how the poor are being kept poor,” and using this legislation as a “Worker’s Civil Rights Act” (just look at how many times reference to the “Civil Rights Act of 1964” is found when searching the American Jobs Act.).

The American Jobs Act is a set-up, is something that is antecedent to the formation of this “Politburo” super Congress, and therefore should not be given ANY consideration in how or what they cut, either.

By the American Jobs Act, what you are witnessing, is that 4th Quarter “Hail Mary” football pass in trying to finally destroy the structure, as well as liquidate the body politic, of America and our individual resources to fight back, being carried on by the “Progressive-Terrorist-In-Chief,” to leverage our desire for jobs against our desire to keep our Freedom, hoping we’ll be so desperate that we’ll choose not to keep what is left of the check and balance power of the States.

As much as people need employment, I, for one, do not believe that sacrificing our form of government over a Progressive-created economic crisis, what appears to be the true purpose of the “American Jobs Act,” is in the best interest of America, and that we must weather this storm as best we can until we can remove Barack “Hugo Chavez Jr.” Obama from office.

Thank you for reading,

Toddy Littman

Barack Obama with fellow neo-Marxist revolutionary, Raul Grijalva, chairman of the Congressional Progressive Caucus


G & M

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Comments

  1. TAXPAYERS! CALL AND DEMAND REP. LAMAR SMITH E-VERIFY LAW.

    Assume– you are an illegal alien and are ready to cross the Southern border, wouldn’t you hesitate knowing that if caught you are going to be charged with a felony? Same with so called tourists, students or others coming in by passenger plane, that if you commit perjury by signing your entry document and stay on a expired visa you are going to be charged with a felony. Nobody in their right mind is going to enter America, other than dangerous criminals, terrorists or other foreigners with elicit intentions.

    THE TEA PARTY NATION—DOESN’T SPEAK FOR THE TENS OF MILLIONS OF TEA PARTY MEMBERS.

    THE MORE I CONTEMPLATE THAT ITS ONLY A CIVIL OFFENSE, THE MORE I UNDERSTAND THAT NO GOVERNMENT SINCE THE 1954 EISENHOWER ADMINISTRATION HAVE EMPOWERED ANY SERIOUS INTENTIONS TO SEAL THE BORDER–TRACK IMMIGRANTS FROM ABROAD, PROSECUTE ILLEGAL ALIENS WITH A FELONY CONVICTION. TRY ENTERING ANOTHER COUNTRY WITHOUT PERMISSION, ESPECIALLY ACROSS OUR SOUTHERN BORDER, YOU ARE GOING TO BE IMPRISONED OR DISAPPEAR WITHOUT A TRACE.

    I keep on hearing that illegal aliens are not taking American jobs. My step daughter’s common law husband, his cousin found him some extra work at a Solar Company in Los Angeles. He had previously always been in construction, but after being laid off, he went back to school, hoping become an intricate part of the Solar Industry. What he really got him angry about, was during the work on the roof of an educational complex, where they were installing the equipment, nobody spoke English and the supervisor who managed the ten men team, and only communicated in broken English himself. Asking another supervisor about the installers, he stated they were all fresh young faces and had been recruited in Tijuana. AS FOR FARMERS AND MEGA AGRICULTURAL CONCERNS, THEY DO NOT PAY FOR ILLEGAL ALIEN HEALTH OR THEIR CHILDREN’S SCHOOLS—TAXPAYERS CARRY THAT BURDEN.

    This rampant violation of our immigration laws is not an isolated case, as it is a widespread breakdown of the US Government failing to defend American citizens. One of the biggest violators is contractors and sub-contractors who are using cheap labor and therefore able to lower their bids, so established firms cannot compete. This is not just California, but the whole Southwest to the East coast and has been propagating for years. It’s a shame there isn’t a website that describes stories exactly like this, relating to businesses using illegal immigrants and migrants; jobs that could be accomplished by every occupational American?

    But NumbersUSA has an very interesting grid that illustrates the great advantages of a permanent federal government E-Verify, that will initiate a zero-tolerance law that no business can escape from.

    In a prior job speech by President Obama, he told the national audience, he intends to invigorate more jobs, in rebuilding our crumbling infrastructure, by repairing bridges, roads and schools. The question to ask—how has this administration is going to stop the illegal aliens stealing these jobs. We already know illegal aliens are being hired at cheaper rates than the average American; receiving no health or other benefits. We also know that unions are not interested in who is allowed to work and whose not. Then we have federal, state and private contractors, who will use illegal aliens to underbid honest companies. Even this goes even deeper as private contractors, will hire sub-contractors, who will also violate immigration laws by recruiting foreign workers as what happened in New Orleans, after Hurricane Katrina devastated the region.

    On the NumbersUSA website, the whole bill is clarified, and just need enthusiastic voters to bombard the Capitol? Already the same activist suspects are trying to undermine this urgent bill. One big bare-faced lie is the TEA PARTY opposes this law. What they are not informing you concerning this is just one Tea Party group, The TEA PARTY NATION that is just one of thousands of independent entities, as the TEA PARTY is just ordinary Americans , who have been kicked around too long. The majority of TEA PARTY members are adamant there will be no more Amnesties. No clandestine small Amnesties that have been happening for years, millions entering annually. True TEA PARTY leaders will rescind any Sanctuary City or State policies, with refusal a loss of federal funds.

    Judicial Chairman Lamar Smith’s Legal Workforce Act last Thursday morning was marked-up for discussion on mandatory E-Verify. The Legal Workforce Act would require national use of E-Verify for all new hires for 100% of businesses within 2 years of enactment. Earlier today, Chairman Smith reintroduced the bill as H.R.2885 with a new subsection that requires the Department of Homeland Security to establish a support center for states that wish to help enforce the law.

    BE A WHISTLE BLOWER AND HELP YOUR FELLOW AMERICAN TO FIND A JOB.

    This piece of information that should be repeated:

    For the illegal aliens already working, there is an effective answer to this issue as well. If you are suspicious of competition using illegal aliens, Etc, Contractors in Construction, assembling products or any manual work, contact the Department of Homeland Security (DHS)’s Immigration and Customs Enforcement (ICE) division at 1-866-DHS-2ICE (866-347-2423). According to one of our members of NumbersUSA who spoke with an ICE agent, “the mere ‘suspicion’ that a company’s employees are illegal aliens is all that is necessary to make the call to commence an investigation.” He added, “Law enforcement organizations cannot, and do not, expect the public to be experts in determining whether someone is committing a crime, so they provide a safe harbor approach to informing.” SEE SOMETHING–SAY SOMETHING!

    If you are disgusted by the mockery of our immigration laws, reach for that phone and call you’re Representative at 202-224-3121. Don’t wait–this is a very powerful bill that could help millions of Americans find work, especially in the lower incomes. When 20 million Americans are jobless, being only finding temporary or part time work, this should be not the time for hiring foreign nations. My commentary cannot possibly cover the whole travesties perpetrated on Americans, but all evidence of years of failure, unconcern and corruption is available at NumbersUSA, American Patrol and Judicial Watch. There are just three of the hundreds of serious pro-sovereignty organization, fighting the open border zealots.

    Public Warning: In 2012 we need strict oversight of our voting rights? Democrats and liberals tend to look the other way, as illegal aliens may flock into polling places. Illegal aliens have and still do vote in the general elections. A close eye should be kept on all registration forms that includes Absentee ballots that succumb to fraud, ACORN is not dead, just changed its names; they have committed registration fraud before and will again.

    MY EARLIER BLOGS: http://brittanicus-enoughisenough.blogspot.com

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