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Herman Cain

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We don't need to rewrite the Constitution of the United States of America, we need to re-read the Constitution and enforce the Constitution. We don't need to re-write, let's reread! And I know that there are some people that are not going to do that. So for the benefit of those who are not going to read it because they don't want us to go by the Constitution, there's a little section in there that talks about "life, liberty and the pursuit of happiness". You know, those ideals that we live by, we believe in, your parents believed in, they instilled in you. When you get to the part about "life, liberty and the pursuit of happiness," don't stop right there, keep reading. 'Cause that's when it says "when any form of government becomes destructive of those ideals, it is the right of the people to alter or abolish it". We've got some altering and some abolishing to do!
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Millhiser, Ian (23 May 2011), "Lecturing Americans To ‘Reread’ Constitution, Herman Cain Confuses It With Declaration of Independence", Think Progress, retrieved on 2011-10-08 
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Quoting parts of the United States Declaration of Independence: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. ... That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government....”

 
Herman Cain

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The misquote is notable for the emphasis on the Constitution rather the government of the United States; for using the word "fail" (sometimes, "fall"), rather than "destroyed", which opens up a line of argument that Webster was concerned about the Constitution being misinterpreted, in legal cases; and that worldwide anarchy could result from something happening in the United States, something fairly unthinkable in the first half of the 19th century, when the United States was in no way an important country in international matters.

 
Daniel Webster
 

[T]he Government of the Union, though limited in its powers, is supreme within its sphere of action. This would seem to result necessarily from its nature. It is the Government of all; its powers are delegated by all; it represents all, and acts for all. Though any one State may be willing to control its operations, no State is willing to allow others to control them. The nation, on those subjects on which it can act, must necessarily bind its component parts. But this question is not left to mere reason; the people have, in express terms, decided it by saying, [p406] "this Constitution, and the laws of the United States, which shall be made in pursuance thereof," "shall be the supreme law of the land," and by requiring that the members of the State legislatures and the officers of the executive and judicial departments of the States shall take the oath of fidelity to it. The Government of the United States, then, though limited in its powers, is supreme, and its laws, when made in pursuance of the Constitution, form the supreme law of the land, "anything in the Constitution or laws of any State to the contrary notwithstanding."

 
John Marshall
 

We hold these truths to be self-evident, that all men are created equal; that they are endowed by their Creator with inherent and inalienable Rights; that among these, are Life, Liberty, and the pursuit of Happiness; that to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed; that whenever any Form of Government becomes destructive of these ends, it is the Right of the people to alter or abolish it, and to institute new Government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

 
Thomas Jefferson
 

I consider the foundation of the Constitution as laid on this ground: That "all powers not delegated to the United States, by the Constitution, nor prohibited by it to the States, are reserved to the States or to the people." To take a single step beyond the boundaries thus specially drawn around the powers of Congress, is to take possession of a boundless field of power, no longer susceptible of any definition.
The incorporation of a bank, and the powers assumed by this bill, have not, in my opinion, been delegated to the United States, by the Constitution... They are not among the powers specially enumerated...

 
Thomas Jefferson
 

The convention which framed the Constitution was indeed elected by the State legislatures. But the instrument, when it came from their hands, was a mere proposal, without obligation or pretensions to it. It was reported to the then existing Congress of the United States with a request that it might "be submitted to a convention of delegates, chosen in each State by the people thereof, under the recommendation of its legislature, for their assent and ratification." This mode of proceeding was adopted, and by the convention, by Congress, and by the State legislatures, the instrument was submitted to the people. They acted upon it in the only manner in which they can act safely, effectively and wisely, on such a subject — by assembling in convention. It is true, they assembled in their several States — and where else should they have assembled? No political dreamer was ever wild enough to think of breaking down the lines which separate the States, and of compounding the American people into one common mass. Of consequence, when they act, they act in their States. But the measures they adopt do not, on that account, cease to be the measures of the people themselves, or become the measures of the State governments. From these conventions the Constitution derives its whole authority. The government proceeds directly from the people; is "ordained and established" in the name of the people, and is declared to be ordained, "in order to form a more perfect union, establish justice, insure domestic tranquillity, and secure the blessings of liberty to themselves and to their posterity." The assent of the States in their sovereign capacity is implied in calling a convention, and thus submitting that instrument to the people. But the people were at perfect liberty to accept or reject it, and their act was final. It required not the affirmance, and could not be negatived, by the State Governments. The Constitution, when thus adopted, was of complete obligation, and bound the State sovereignties.

 
John Marshall
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