Evidently Herman Cain Doesn’t Understand How the Constitution Works

By Gary P Jackson

A prime example of why Herman Cain is not ready to be president. Cain has been under fire for his series of statements and clarifications concerning his stance on abortion that left many wondering if Cain is really pro-life, or the typical politician claiming to be “personally” pro-life while supporting “choice” on the issue. As Jazz Shaw, who evidently doesn’t understand the Constitution either, pointed out: A frustrated Cain finally said he would sign an amendment banning abortion.

In an interview with CBN’s David Brody, Cain talks about amendments not only banning abortion, but gay marriage as well.

From the interview:

Brody: Are you for some sort of pro-life amendment to the Constitution that in essence would trump Roe v. Wade?

Cain: Yes. Yes I feel that strongly about it. If we can get the necessary support and it comes to my desk I’ll sign it. That’s all I can do. I will sign it.

Read more here.

This is incredible. Herman Cain is running for president and has no idea what the job is, or how the Constitution works when it comes to constitutional amendments. Fact is, the president has absolutely no role at all to play in the process, other than being a cheerleader for [or possibly against] a certain amendment. There’s nothing for him to sign.

Most of us learned this in grade school, but as a refresher: [emphasis mine]

The authority to amend the Constitution of the United States is derived from Article V of the Constitution. After Congress proposes an amendment, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is charged with responsibility for administering the ratification process under the provisions of 1 U.S.C. 106b. The Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register. Neither Article V of the Constitution nor section 106b describe the ratification process in detail. The Archivist and the Director of the Federal Register follow procedures and customs established by the Secretary of State, who performed these duties until 1950, and the Administrator of General Services, who served in this capacity until NARA assumed responsibility as an independent agency in 1985.

The Constitution provides that an amendment may be proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures. None of the 27 amendments to the Constitution have been proposed by constitutional convention. The Congress proposes an amendment in the form of a joint resolution. Since the President does not have a constitutional role in the amendment process, the joint resolution does not go to the White House for signature or approval. The original document is forwarded directly to NARA’s Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. The OFR also assembles an information package for the States which includes formal “red-line” copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory procedure for ratification under 1 U.S.C. 106b.

The Archivist submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor along with the informational material prepared by the OFR. The Governors then formally submit the amendment to their State legislatures. In the past, some State legislatures have not waited to receive official notice before taking action on a proposed amendment. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is immediately conveyed to the Director of the Federal Register. The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are found to be in good order, the Director acknowledges receipt and maintains custody of them. The OFR retains these documents until an amendment is adopted or fails, and then transfers the records to the National Archives for preservation.

A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 of 50 States). When the OFR verifies that it has received the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large and serves as official notice to the Congress and to the Nation that the amendment process has been completed.

I know many will say Mr Cain just made a mistake and it’s no big deal. But it is a big deal. We’re not talking about electing a city council member, we’re talking about electing someone to the most powerful position in the world. We’re talking about serious issues that will effect the lives of tens of millions of Americans. You’d think one of the parties to the discussion would at least know and understand the process for which his desired goals would be obtained.

I like Herman Cain, the man. I think he’s good at what he’s done, and capable of doing more. That said, his lack of knowledge, lack of planning, and lack of experience continues to trouble me greatly. I’m a Conservative and see these problems crystal clear, what do you think the media and the Obama regime will do to the man if he becomes our nominee?

There’s a reason why we generally elect governors to the presidency. The skills required to successfully govern a state are the same skills needed to govern the nation.

I know why Herman Cain appeals to so many people. For one, none of the governors running for president are acceptable, and Cain enjoys that “outsider” status. What Cain doesn’t have is the basic skill set needed, and an understanding of the position he’s applying for.

Conservatives need to think long and hard before electing Herman Cain.

Personally, I feel both of these issues, abortion and gay rights, are states rights issues, and the federal government has no standing in either, but Roe v Wade made that position moot on abortion. The Court overreached big time and “found” a right that had never before existed.

As for some sort of marriage amendment, if there was to be one, I’d want it to strengthen state’s rights and stop judicial interference. Though some states have voted to allow gay marriage, others have had the courts impose it on them, even though the people were against. Mitt Romney imposed it in Massachusetts by Executive Order. I believe in the right of the people to vote one way or the other. I do not think the courts should be able to override the will of the people, as long as everything is done legally.

I also doubt either issue is going to be solved anytime soon. On abortion, I’d love to see it banned, but for now, our best bet is to continue to educate people of the horrors of abortion, and continue to de-fund the multi-billion dollar slaughter houses run by Planned Parenthood. Public opinion is changing and more people now are pro-life than at any time in recent memory. This is a fight we are winning.



Filed under In The News, Politics

31 responses to “Evidently Herman Cain Doesn’t Understand How the Constitution Works

  1. patricia cala

    I agree with you. I was impressed with him in the beginning and he put some life into the process. I did have some reservation with his not having gone through elected office. But, I was hoping that he had the knowledge to get the job done.
    I have not been a supporter of Mitt Romney, for a variety of reasons. Of the candidates, I believe that Newt Gringrich, always was the most qualified, even in previous primaries. But, his history followed him at that time; now he has been vetted. He is most qualified to be the next president – Obamah has to go.

    • Gary P

      Mitt Romney ain’t the answer. He’s Obama with better hair. Would be a disaster of biblical proportions! Obama must go, but we need to careful who we put in his place. Putting a Northeastern liberal in his place will do nothing to save the Republic.

  2. IwjwI

    Did Herman #Cain Take His Famed 999 Plan From SimCity Video Game? http://www.dailymail.co.uk/news/article-2048969/Did-Herman-Cain-999-tax-plan-SimCity-video-game.html

    Looks like he did just that!!

  3. NHConservative0221


    I’ve been reading your blogs and your posts from back in the day on Hotair for a long time. I’m a fellow Palin supporter and am very disappointed as well that Sarah isn’t running. I agree with you that she has by far the best priniciples, ideas, and record to fix our country. However, for whatever reason she’s not running. I’m not mad at her as I’m sure she has her reasons and I can’t imagine what she’s going through.

    So where does that leave us? Again, I agree that Sarah is way above this crop of GOP candidates. They all have major flaws, she couldn’t mopped the floor with all of them. Some are much worse than others though. Paul would be the absolute worst. His Blame America First/ surrender to the terrorists policy is dangerous. Fortunately he really has no shot. Romney would be the second worse. Just like McCain, he’s the GOP establishment, big gov’t pick. He’d only slow down our descent into statism, not reverse it. I like Bachmann the best now, but she’s not doing well at all. Perry is only slightly better than Romney in my opinion. I really hate his compassionate conservative garbage “you don’t have a heart if you don’t give in state tuition to illegals”.

    So that currently leaves us with Cain as the most conservative candidate who can beat the establishment RINO in Romney. I remember some of your posts on Hotair from last spring saying that Cain’s never won an election, the only time he ran he lost to a RINO for Senate, and that the first office he won wouldn’t be the presidency. I agreed with that and thought Cain wouldn’t be close to a top tier candidate, especially once Sarah got in. Obviously things have changed a bit with Sarah not running. I have some serious reservations about Cain as well, but I still stay he’s much better than Romney and Governor Gardasil. I never liked the idea of any kind of a national sales tax either but 9-9-9 has made me think and started a very important discussion of reforming our current progressive tax structure. Yes, not being a polished politician, Cain’s going to have some gaffes and mistakes. At the same time it’s probably a good thing that Cain doesn’t have hardly any political experience in that he hasn’t become corrupt and doesn’t owe anyone favors.

    The thing that bothers me most is that he doens’t have a political record to be judged on. That being said, I think he believes more in conservative principles than Romney and Perry. Remember, 9-9-9 would be subject to lots of debate before becoming law. Cain has shown to be open to listening and doesn’t think he’s the only one with all the answers. If Cain becomes President, I guarantee he wouldn’t simply ram 9-9-9 down our throats like Obama did with Obamacare. So if the Amercian people and his conservative base has serious issues with it, 9-9-9 would be modified to address our concerns.

    I was concerned too when Cain didn’t know about the Right of Return during the Wallace interview. Honestly, I didn’t know what it was either, but thought a candidate should know about it. The important thing is though that Cain believes in a strong national defense and taking the fight to the terrorists. He has stated it’d be a disaster to cut defense like RuPaul and Obama would do.

    What I’m saying Gary is that I agree with you that Cain has some major flaws, but those flaws do not make him worse than nominating Romneycare. Also, I think you’d agree that Cain would be much better than Obama. I’m glad you do such a good job of vetting all the candidates and I enjoy reading your blog. What is your answer though at this point? Who would you vote for in the primary?

    Did you see Karl Rove attacking Cain yesterday? Anytime Rove is attacking someone, you know they must be doing something right 🙂 I don’t want another RINO as our nominee. If Bachmann has a good showing in Iowa and becomes relevant again, maybe conservatives can rally behind here. Otherwise, the only hope we may have to stop Romney is by supporting Cain.

    • Gary P

      If you are a long time Hot Air reader, you know I’ve like Herman Cain for a long time. Much like I was with Sarah Palin, I was a supporter of Cain’s long before most knew who he was. Problem with Mr Cain, is unlike Sarah, the more you see him, the less excited you get.

      Cain’s inexperience and lack of clarity betray him daily. He’s simply not ready for this job. He doesn’t have the skills that are needed. I like the guy, but he’s simply not ready or qualified to be president.

      Bachmann is done. She was never a credible candidate. She was only in the race for one reason, and that was to discourage Sarah from running. I doubt she lasts past Iowa.

      Stopping Romney is a big deal, of course, but just like stopping Obama, that’s merely removing a symptom, not curing the disease.

      • NHConservative0221

        So who are you going to vote for in the primary —- and will you vote/support someone in the primary?

      • Gary P

        Not sure yet. So far I don’t see anyone I can in good conscience vote for in the primary. That’s a long way away though. Things can change. I know I will never vote for Perry or Romney under any circumstances.

  4. NHConservative0221

    Like I’ve been saying Gary, all of these candidates are heavily flawed.

    As it looks right now Cain may be the only option to stop Romney aka “Obama with better hair” as you have put it.

    • Gary P

      My problem with Cain is we have an on the job trainee as president now, and it’s hard to think what would happen with two in a row. I like Cain a lot, but man, it’s scary that he might be our nominee. He’s probably the least bad, but that’s not what we deserve.

      • NHConservative0221

        We deserve Palin, but that’s not going to happen. Rush made a great point today that back in 2008 Romney was the most conservative of the bunch when compared to McCain, Huckabee, and Guiliani.

        This time Romeny is the biggest RINO, so we have better options. It’s a concern, but I wouldn’t be terrified of the fact that Cain doesn’t have much political experience. To compare his lack of experience to Obama’s is apples to oranges. Cain is a successful CEO who was held accountable for making tough decisions. He turned around failing businesses with Burger King and GodFathers. Cain also has plenty of experience of dealing with gov’t bureaucrats and regulations. Obama was just a community agitator.

        The problem is ideology. Obama is a radical Marxist, while Cain is a conservative who believes in America. I think he would make a good President.

        The thing that worries me most about Cain is actually 9-9-9: the sales tax part. However, like I’ve said this would have to get passed through Congress and he’ll listen to us, not just ram it down our throats. It’s a starting point to change the progessive tax structure, this isn’t the final product. 9-9-9 is a transition to the Fair Tax which would be a million times better than our current tax structure.

        Don’t know if you ever heard of this guy, but I think he says it pretty well:


      • Gary P

        I like Zoe, he’s sharp!

        I’m just not convinced Cain has the ability. Running a corporation is very different than running a state, a nation, or even a city. As CEO Cain only had shareholders to answer to. If he wanted something done all he had to do was tell his employees to do it. President is not a dictatorship, though Obama is working at it. There is great skill needed to successfully work with Congress to get things done. Ronald Reagan had it, so did Bill Clinton. Both faced hostile congresses, and got things done. These are the last two that really possessed that skill as President. Sarah Palin has that skill as well.

        Our next president must have that skill.

        It may very well come down to Cain, but frankly, other than a lot of happy talk, the man has nothing. No record whatsoever in turning that talk into something tangible. That should worry everyone greatly.

        I’m trying to keep an open mind, but can’t seriously back anyone at this point. There’s a reason so many support Sarah Palin, she’s an actual leader with a real solid record. Hard to go anywhere after that. Certainly not right now.

  5. 2write4

    Exactly. We need someone who understands the Constitution and is willing to defend it against any and all comers, from within or without. The only one running who meets that criteria is Ron Paul.

    • Gary P

      Oh my Dear Lord. If Ron Paul is the answer, we are doomed as a nation.

      • Teshia

        Why is this?

      • Gary P

        Read the article? Cain doesn’t understand that as president, he has no role whatsoever in the constitutional process. The president in not involved in any way in the process of amending the Constitution. There is nothing for him to “sign” as he says he would.

        At best, the president can lend support for an amendment. They can say nice things. That’s it, and evidently Cain doesn’t understand this.

      • Teshia

        No, I’m asking why you are claiming we are all doomed if Ron Paul is elected.

      • Gary P

        Thankfully, that will never happen!

        Ron Paul is right on an issue or two, but mostly he’s batshit crazy. He’s clueless on foreign policy. He actually thinks it would be just fine if Iran had nukes. History is filled with loons who shout “peace in our time” and preach non-intervention. Neville Chamberlain had a “deal” with Hitler too, a deal that would cost millions of lives.

        The only way to stop evil is to end it. Ronald Reagan proved beyond a shadow of a doubt that “Peace Through Strength” works every time it’s tried. Or as Teddy Roosevelt once said, speak softly, but carry a big stick.

        Ron Paul would get us all killed.

        I’m just happy he isn’t seeking re-elect in his district. He’s been an embarrassment to Texas long enough.

      • Gavin W.

        @Gary P. I cast my first vote for Ronald Reagan and GOP ever since but nothing ever changes no matter who is in office. I think its wayyyyyyy past time for America to respect it’s elder statesman.

        We are broke, the more we embark on militarism and pretend its defense when its really offense, we won’t be blaming Iran for our demise we will be forced to blame ourselves as we implode like the Roman Empire. 2 Billion a week is spent just in Iraq borrowed from Red China thats RED COMMUNIST China. What I believe we who are in the GOP are doing is fooling ourselves. Iran has zero nukes, Israel 40+ and then there is our beloved United States who has more than one can count. We have been drinking to much Neo-Con Koolaid brother.
        “He really fights for the principles other Republicans only pretend to stand for, and does so with carefully reasoned explanations of his positions”
        -Joseph Sobran, Political Columnist
        “Ron Paul is one of the outstanding leaders fighting for a stronger national defense. As a former Air Force officer, he knows well the needs of our armed forces, and he always puts them first. We need to keep him fighting for our country.”
        -Ronald Reagan
        “I strongly support Ron Paul. We very badly need to have more Representatives who understand in a principled way the importance of property rights and religious freedom.”
        – Milton Friedman, Nobel Prize Economist
        “He’s the only one that I’ve seen in American politics that seems to have a clue about what’s going on in the world.”
        – Jim Rogers, International Investor and Author
        Dr. Paul is the “ONE exception to the Gang of 535” on Capital Hill
        – William Simon, former Secretary of the Treasury
        Lesser known people in respected positions:
        “Lobbyists don’t even bother going to his office.”
        “He has won so many awards from the National Taxpayers Union that he’s probably lost count.”
        – Thomas Woods, Resident Historian at the Mises Institute
        “Congressman Paul is one of the strongest defenders of our constitutional liberties in Congress and I am proud to serve with him.”
        – John Duncan Jr., TN Congressman
        “In his heart and in his head, in his character and in his intellect, in what he has done, and in what he will become: The Thomas Jefferson of our day… Ron Paul is one of us.”
        – Andrew Napolitano, Former Superior Court Judge, Current News Analyst
        “One politican who cannot be bought by special interests”
        -Maxwell Newton, New York Post journalist

      • Gary P

        Ron Paul is NOT an “elder statesman” He’s a loon with a bunch of cultists who have no clue how the real world works.

        I cast my very first vote EVER for Ronald Reagan, and good old Ron Paul has trashed Reagan over and over, except when it somehow helps him to say he was “with him”.

        Ron Paul is what’s wrong with politics. He’s a fringe candidate who only runs for president so he can take his cultists money, and then use it to hold on to his congressional office. Thanks to you people, Paul can out spend actual CONSERVATIVE candidates 100 to 1, so no one has a chance of competing for a seat he should have vacated decades ago.

        In fact, Ron Paul is the poster child for congressional term limits.

        I’ll be glad when he is done, finish, and over.

        We need leaders, and people with at least a small amount of common sense. That isn’t Ron Paul, or from what I’ve experienced, most of his supporters.

        I’ve agreed with Paul on a few things, but the man is such a loon, it negates anything he might say or do that is correct.

  6. Marcus

    Gary, You are scared of Iran??? You need big government to save you?? You don’t sound like a Small government conservative to me.. Or even a real American for that matter. You should study the geopolitical climate a bit more and understand our government is controlled by offshore banks(the federal reserve) and the military industrial complex who are propping up the fear of terror and radical islam to control us and take away Liberty while setting up a police state in America. You need to face the facts man, quit being a scared neocon hell bent on being Israel’s scared domestic housewife.

    • Gary P

      Are you serious? Neo-con my ass! Sorry, I’m a Reagan-Palin Conservative. You do know Iran has already placed nuclear capable medium range missiles in Venezuela, right? And you understand these missiles are capable of hitting targets in the United States, right?

      You need to study up on the people running Iran. Read up on the 12th Imam while your at it, then get back to me.

      A nuclear Iran would destabilize the entire world.

      Idiots like you allowed Hitler to come to power. Idiots like you would have allowed Kruschev to KEEP his missiles in Cuba. Thank God idiots like you, and Ron Paul rarely come to power.

      BTW, your anti-Semitic remarks are not only consistent with the typical Ron Paul supporter, but also the Nazis and Communists supporting the “occupy” morons.

      No one who trashes Israel is a friend of mine. Israel is our friend. Those who disrespect Israel are not. Period, end of story.

  7. Zack M.

    Its funny you say that Gary P because Sarah Palin actually endorsed Ron Paul’s foreign policy.

    Ron Paul’s foreign policy is based on the CIA’s policy of blowback. His main foreign policy platform is returning the declaration of war to Congress. No more of this going to war based on half truths and whole lies. Know who your enemies are, get the people and congress to declare war, handle your business, AND THEN COME HOME.

    You’re rhetoric on Iran having nukes is fear mongering and discredits you as a fear monger on Obama’s level. The CIA says that Iran isn’t anywhere near getting a nuke. Iran can’t even get enough gasoline together to power their own vehicles.

    I encourage you and anyone reading this to actually look at Ron Paul’s foreign policy for what it is: following the Constitution and the wisdom of our founding fathers.

    If you have anymore questions for Ron Paul’s foreign policy simply search youtube for “Ron Paul” and “foreign policy”.

  8. mike putman

    Gary P., You are obvious as clueless as you are arrogant. Maybe YOU should educate yourself by actually listening to some of Ron Paul’s speeches and interviews or even read one of his books instead of spewing the same distorted rhetoric. BTW Cain is so clueless he can’t even explain his platform, he has to refer you to his “website” and tries to sell you with some catchphrase like Obama. Now I know your ego won’t allow you to actually open your mind and that I’m probably wasting my time but I felt it had to be said.

    • Gary P

      I’ve listened to Ron Paul’s rantings for years. He’s certifiably insane. Not someone who could be trusted to run anything. No one but the lunatic fringe takes this nut-job seriously.

      Alex Jones must be off the air tonight.

  9. NHConservative0221

    Wow, my sympathies Gary for putting up with these RuPaul loons. I have a few in my local 912 group. There’s no talking sense to any of them! It doesn’t matter that this nutjob is against EVEN sanctioning Iran!!!

    Or that he compares Iran having nukes to the Soviets having them. He lacks the basic fundamental understanding of the threat of mutally assured destruction. As you stated Gary, just read up on the 12th imam to see what Iran really wants to do. Israel would be blown off the map and we would be next. I actually didn’t know about nuclear capable medium range missiles in Iran. Scary stuff!

    I’ll always be grateful for Rudy for putting RuPaul in his place during the 2008 debates. I can’t stand RuPaul blaming America first. He’s an absolute disgrace. Santorum has done a good job of setting the record set during recent debates as well.

    Plus, what has RuPaul accomplished from being in Congress for over 30 years??? He’s actually taken home a ton of earmarks! In a recent article with a reporter from the Star Ledger in NJ he actually called Rush, Hannity, and Levin statists! When Hannity called him out on it RuPaul backed down like the coward he is!

    You nailed it Gary, he’s a tin foil hat fringe candidate just milking his supporters for more money.

  10. Teshia

    Gary, I find it interesting that you have selected messages to publish and not. I know for a fact many messages were sent to you, including mine, but you’ve chosen to post the ones that support you.

    Do you realize all these wars are a lie? Do you realize WW3 is eminent at the rate we’re going?

    If you care, please watch some of these videos and tell me why Dr. Ron Paul, our ONLY anti-war candidate other than Gary Johnson, is so horrible. At the rate we’re going, we are in FAR more danger with these warmongers in office.

    AND this is a MUST watch…. this is exactly how I feel and I’m willing to bet all Ron Paul supporters feel.

    • Gary P

      Our house, our rules.

      Frankly, Ron Paul supporters tend to ramble on, but bring nothing to the table, and make my head hurt. I made the mistake of posting one comment, and engaging the commenter.

      We’ve heard all of this before. Some of it is true, some of it off the charts batshit crazy.

      Ron Paul is not, and has never been, a serious candidate. He is simply unacceptable.

      It’s a damned shame RP supporters didn’t get behind a true leader who WAS electable, and has a two decades long record of governing as a Libertarian.

      Sarah Palin has a solid record, and a REAL foreign policy doctrine that actually makes sense and wouldn’t get us all killed. But sadly, RP supporters would rather follow a loon. Or worse, allow a neo-con to win.

      I’ve never cared for Ron Paul, but when he said Iran was entitled to have nukes I knew he was insane. But the final straw was when this nimrod said 9/11 was America’s fault. To me, that is as ludicrous as it gets.

      Ron Paul will never be anything more than a nuisance to society. People supporting him, and filling his wallet, are just as bad, and wasting their time. Again, you could have supported a real leader and champion of We The People, but you wasted your life on this nut.

      Sorry, but thems is the facts. And the reason why I generally don’t bother with Ron Paul supporters. Time is too precious for all of this nonsense.

      Our nation is in trouble, and no one has time for long winded rants copy/pasted from Prison Planet.

      Oh, and it doesn’t help that most of the Paul cult blames all of their woes on Israel. You know who else hated the Joooooooooooos? Nazis.

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