Omar Bennett
Ratification is the approval of an act by an agent, which can be relevant to contracts and treaties. In the context of the US Constitution, ratification refers to the process by which the document was approved by the states. While 38 out of 41 delegates signed the Constitution, it was agreed that it would not be binding until it was ratified by nine of the 13 existing states. This raises the question: does ratifying the Constitution mean the same thing as signing it?
| Characteristics | Values |
|---|---|
| Ratification | Approval of an act by an agent, indicating contingent acceptance |
| Ratification (in the context of the US Constitution) | Approval of the document by nine of the 13 existing states |
| Signing | Physically signing the document |
Explore related products
What You'll Learn
Ratification is the approval of an act by an agent
The process of ratification involves the approval of an act by an agent, whereby the agent indicates contingent acceptance. In the case of the US Constitution, the agents were the states, and their acceptance of the document was contingent on the approval of the principal, which in this case was the federal government.
The distinction between signing and ratifying a document is also relevant in the context of treaties. For example, the US President has the power to negotiate and sign a treaty, but for it to be binding on the country, it must be approved by the Senate. This approval is a form of ratification, and it is not the same as local enforcement, which may take the form of laws passed by Congress. Similarly, in Australia, the federal government can enter into a binding treaty without parliamentary approval, but local implementation does not automatically follow from the executive signature.
In summary, ratification is a critical step in the approval process for important documents such as constitutions and treaties. While signing a document may indicate initial support or agreement, ratification is the act of formally approving and adopting the document, often requiring the consent of multiple parties or levels of government.
Virginia's Constitution Ratification: The Deciding Factors
You may want to see also
Ratification does not automatically follow from an executive signature
In the US, the president has the power to negotiate a treaty, but making it binding on the country requires approval from the Senate. Similarly, in Australia, the federal government can enter a binding treaty without parliamentary approval, but Parliament has the right to legislate internal affairs, so local implementation does not follow automatically from an executive signature.
Ratification is also distinct from signing. For example, the Treaty of Versailles was signed but not ratified by the US Senate.
Anti-Federalists: Constitution Ratification Supporters or Detractors?
You may want to see also
Ratification is not the same as local enforcement
Similarly, in Australia, under Sect. 61 of the Constitution, the federal government can enter a binding treaty without parliamentary approval, but Parliament has the right to legislate internal affairs under Sect. 51(xxix), so local implementation does not follow automatically from an executive signature.
In the case of the US Constitution, under Article VII, it was agreed that the document would not be binding until its ratification by nine of the 13 existing states.
James Madison's Advocacy for Constitution Ratification
You may want to see also
Explore related products
George Washington took an active role in the ratification process
Ratification is the approval of an act by an agent, which indicates contingent acceptance. This is different from signing, which is the act of putting one's signature on a document.
Jefferson's Role: Ratifying the Constitution
You may want to see also
Ratification is not the same as signing a treaty
In the case of treaties, the US President has the power to negotiate and sign them, but for a treaty to be binding on the country, it requires the approval of the Senate. This approval is the ratification process.
Similarly, in Australia, the federal government can enter into a binding treaty without parliamentary approval, but Parliament has the right to legislate internal affairs, so local implementation does not automatically follow from the executive signature.
Therefore, ratification is a critical step that ensures the validity and enforceability of agreements, contracts, or treaties. It provides the necessary approval and acceptance from the relevant authorities, which may differ depending on the context and the specific document being ratified.
Federalists' Urge: Why Ratification Was Essential for Federalists
You may want to see also
Frequently asked questions
No, signing and ratifying are two different things. Ratification is the approval of an act by an agent, which indicates contingent acceptance.
In the US, the US President has the power to negotiate a treaty, but it requires the approval of the Senate to make it binding on the country. In Australia, the federal government can enter a binding treaty without parliamentary approval, but Parliament has the right to legislate internal affairs.
The Treaty of Versailles failed to be ratified because of the Covenant of the League of Nations.
The US Constitution was signed by 38 out of 41 delegates present. However, it was agreed that the document would not be binding until its ratification by nine of the 13 existing states.
