Sunday, October 23, 2011

Cain and the Constitution

Herman Cain recently made a mistake about the Constitution, as Ben Smith writes at Politico:
In an interview with David Brody last night, Cain said he'd sign a pro-life constitutional amendment if it crossed his desk as president.

“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," he said. "That’s all I can do. I will sign it.”

The only problem with that statement? Presidents don't sign constitutional amendments -- they're passed in Congress and then need to be ratified by the states, and the president plays no formal role in the process.
For the record, here is Article V of the Constitution, which lays out the process for amending the document:
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.