Simone Lawson
The road to the ratification of the US Constitution was long and arduous, with several states voicing opposition to the document. Antifederalists in state assemblies attempted to block the ratification process by refusing to attend the last two days of the session, requiring a two-thirds majority vote in both the House of Representatives and the Senate. However, their efforts were ultimately unsuccessful, and the Constitution was ratified by nine of the 13 states, becoming the official framework of the US government. The journey to ratification involved a long history of US expansion, with each state's admission to the Union changing the country's maps.
| Characteristics | Values |
|---|---|
| Authority to amend the Constitution | Article V of the Constitution |
| Amendment proposal | Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| Amendment proposal alternative | Constitutional convention called for by two-thirds of the State legislatures |
| Amendment submission | Governors submit the amendment to their State legislatures or call for a convention, as specified by Congress |
| Ratification | Ratification by three-fourths of the States (38 of 50 States) |
| Certification | Formal proclamation by the Archivist of the United States |
| Publication | Federal Register and U.S. Statutes at Large |
| Opposition strategy | Refusal to attend legislative sessions to prevent a binding legal decision |
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What You'll Learn
Refuse to attend state legislature sessions to prevent a binding legal decision
Refusing to attend state legislature sessions can be a tactic to prevent a binding legal decision and block the ratification of a constitution. This strategy was employed by Antifederalists in Pennsylvania during the early ratification process of the US Constitution.
The context is important here. The ratification process started when Congress turned over the proposed Constitution to the state legislatures for consideration through specially elected state conventions. The Federalists, who supported the Constitution, wanted to bring the issue before "the people" as they believed ratification was more likely through this route than through the state legislatures, where many state political leaders stood to lose power.
In Pennsylvania, the state assembly was nearing the end of its term and had begun considering calling a special convention on the Constitution, even before Congress had officially forwarded it to the states. Antifederalists in the state assembly tried to block this move by refusing to attend the last two days of the session. Without them, there would not be enough members present for the state legislature to make a binding legal decision.
However, this tactic was ultimately unsuccessful. Antifederalists were forcibly brought to the state assembly, ensuring the required number of members were present to allow a special convention to be called. This convention eventually voted in favour of ratification.
While refusing to attend state legislature sessions can be a tactic to prevent a quorum and block a legal decision, it may not always be effective. Other strategies, such as shifting public opinion or negotiating amendments, might be employed alongside this to increase the chances of successfully blocking ratification.
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Delay the process by calling for a constitutional convention
Delaying the ratification of the Constitution by calling for a constitutional convention is a strategy that has been employed by various groups and individuals throughout history. Here are some detailed steps and considerations to explore this approach:
Understanding the Process
The first step is to understand the legal process of calling for a constitutional convention. In the United States, Article V of the Constitution outlines two methods for proposing amendments. The first method involves Congress, where a two-thirds majority vote in both the House of Representatives and the Senate is required to propose an amendment. The second method, relevant to delaying ratification, is through a "Convention of States," which requires a call from two-thirds of state legislatures (currently 34 out of 50 states). This option is particularly useful when Congress is perceived to be the problem or is unresponsive to the demands for change.
Building Support and Addressing Concerns
To successfully call for a constitutional convention, a significant amount of support is needed from state legislatures. This involves coordinated efforts to convince legislators and the public in various states to support the call for a convention. It is important to address concerns that may arise, such as the potential for a wholesale revision of the Constitution. Advocates of the convention can emphasize that any proposed revisions would still need to be ratified by three-quarters of all state legislatures (38 states), ensuring that extreme proposals are blocked.
Timing and Strategy
The timing of calling for a constitutional convention can be strategic. By delaying the ratification process, you can buy time to build support for your cause, address concerns, and refine your proposed amendments. This strategy was employed by "nationalist" politicians in 1786, who delayed a general convention to gain time to propose a rejection of the Articles of Confederation and a new written constitution.
Proposing Amendments
Once a constitutional convention is called, the focus shifts to proposing amendments that align with your goals. This is an opportunity to address perceived shortcomings in the existing Constitution. For example, topics for constitutional amendments could include eliminating the electoral college, switching to the direct election of the president, imposing term limits for legislators, or addressing campaign contribution issues.
Ratification and Implementation
Finally, any amendments proposed during the constitutional convention must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. This step involves coordination and advocacy at the state level to ensure that the proposed amendments gain the necessary support. The ratification process is administered by the Archivist of the United States, who follows established procedures and customs. Once an amendment is ratified, it becomes law and is officially published as part of the Constitution.
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Oppose the Constitution on the grounds of inadequate protection of rights
The Constitution of the United States is a powerful document that outlines the rights and liberties of Americans, yet some critics argue that it falls short in adequately protecting certain rights. If one aims to block the ratification of the Constitution on these grounds, here are some key points to consider:
Firstly, focus on the absence of explicit protections for specific rights. The Constitution, in its original form, lacked detailed safeguards for individual liberties such as freedom of speech, freedom of religion, and freedom of the press. These freedoms are essential components of a democratic society, and their absence in the Constitution could be a valid basis for opposition.
Secondly, emphasize the need for stronger protections against unreasonable government intrusion. The Fourth Amendment, which guarantees the right to be secure against unreasonable searches and seizures, can be highlighted as a necessary addition to the Constitution. This amendment reinforces the notion that citizens have a right to privacy and are protected from arbitrary government interference in their homes.
Additionally, scrutinize the Constitution's silence on due process rights. The Fourteenth Amendment, added later, addresses this issue by guaranteeing due process and equal protection under the law. By pointing out the initial lack of these protections, you can argue that the Constitution, as originally drafted, did not provide adequate safeguards against arbitrary state actions that infringe on citizens' rights.
Moreover, direct attention to the absence of protections for those accused of crimes. The Sixth Amendment addresses this issue by granting individuals the right to a speedy and public trial, an impartial jury, and the ability to confront witnesses. Emphasize the importance of these protections to ensure a fair and just legal process for all citizens.
Finally, utilize the arguments of the Anti-Federalists during the formation of the Constitution. They favored power remaining with state and local governments and strongly advocated for a bill of rights to secure individual liberty. Their perspective underscores the importance of limiting federal power and ensuring that the rights of citizens are explicitly outlined and protected.
By focusing on these points, you can construct a compelling case opposing the ratification of the Constitution on the grounds of inadequate protection of rights.
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Lobby for votes against ratification
Lobbying for votes against ratification is a key strategy to block the ratification of a constitution. This involves organising and coordinating efforts to persuade voters and influencers to reject the proposed constitution. Here are some detailed tactics to effectively lobby for votes against ratification:
Understand the Constitution and Identify Arguments Against It: It is essential to thoroughly understand the proposed constitution and identify its potential drawbacks and negative implications. Study the document closely and look for clauses or sections that may be controversial, unpopular, or detrimental to specific groups or values. For example, in the historical context of the United States Constitution, some states opposed ratification because they believed it did not adequately protect rights such as freedom of speech, religion, and the press.
Build a Coalition of Opponents: Identify individuals, groups, or organisations who share your concerns or may be negatively impacted by the proposed constitution. Unite with them to form a strong and diverse coalition. This can include political factions, civil society organisations, community leaders, and influential individuals. By working together, you can amplify your message and reach a wider audience.
Engage in Public Discourse and Debates: Participate in public discussions, forums, and debates to voice your opposition to the constitution. Engage with the media, write opinion pieces, and utilise social media platforms to spread your message. Highlight the potential negative consequences of ratification and present alternative solutions or improvements.
Lobby Influencers and Decision-Makers: Identify key influencers, such as political leaders, lawmakers, and prominent public figures who may have a sway over public opinion or the decision-making process. Arrange meetings, send letters, or utilise personal connections to convey your concerns and persuade them to oppose ratification. Provide them with well-researched information and arguments that highlight the potential drawbacks of the proposed constitution.
Mobilise Grassroots Support: Organise grassroots campaigns to engage and educate the public about your cause. Hold town hall meetings, distribute informative materials, and utilise word-of-mouth communication to spread your message. Encourage people to contact their representatives and express their opposition to the constitution. A strong show of public disapproval can influence decision-makers and sway votes.
Propose Alternatives and Compromises: Offer viable alternatives or compromises to the proposed constitution. Suggest amendments or improvements that address the concerns of opponents while still seeking to improve the governing framework. This can help attract supporters who may be on the fence or concerned about the status quo.
It is important to remember that lobbying for votes against ratification requires a well-organised, strategic, and persuasive campaign. Understanding your audience, utilising diverse communication channels, and presenting compelling arguments are key to influencing public opinion and ultimately blocking the ratification of the constitution.
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Delay taking action on a proposed amendment
Delaying action on a proposed amendment to the US Constitution can be an effective strategy to influence the amendment process and shape the ultimate outcome. Here are some strategies to delay taking action on a proposed amendment:
Strategy 1: Exploit State Legislature Autonomy
State legislatures have a degree of autonomy in deciding when to take action on a proposed amendment. In the past, some states have deliberately delayed taking action by not waiting for official notification before acting on a proposed amendment. This strategy can disrupt the typical amendment process and buy time for opposition to organize and build momentum.
Strategy 2: Challenge Time Limits
Time limits on the ratification of amendments are not inherent and were first introduced in 1917 with the 18th Amendment. Congress has demonstrated its ability to alter these time limits, as seen in the case of the Equal Rights Amendment (ERA). By transferring time limits from the amendment text to the proposing clause, Congress retains the power to amend its own deadlines. Opponents of an amendment can advocate for extending deadlines or removing time limits altogether, thereby delaying the ratification process.
Strategy 3: Focus on State-Level Opposition
A proposed amendment becomes part of the Constitution once it is ratified by three-fourths of the states (38 out of 50). Opponents of an amendment can target their efforts at the state level, aiming to prevent ratification in enough states to block the amendment. This strategy involves organizing opposition groups, lobbying state legislators, and raising awareness among the public in key states to delay or prevent ratification.
Strategy 4: Procedural Delays
Opponents of an amendment can exploit the procedural complexities of the ratification process to cause delays. This includes challenging the facial legal sufficiency of ratification documents, disputing the validity of state ratification actions, and raising concerns about the authenticity of signatures. These challenges can trigger reviews, investigations, and legal battles, all of which contribute to delaying the amendment's progress.
Strategy 5: Advocate for a Constitutional Convention
The Constitution allows for two methods of proposing amendments: through Congress or by calling for a constitutional convention. While no amendments have been proposed by a constitutional convention so far, opponents of an amendment can advocate for this alternative method. This approach can introduce significant delays as it requires support from two-thirds of the state legislatures, adding another layer of complexity to the process.
By employing these strategies, opponents of an amendment can effectively delay taking action, potentially shifting the political landscape and influencing the ultimate outcome of the ratification process.
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Frequently asked questions
The Constitution can be amended either by 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. Once an amendment is proposed, it must be ratified by three-quarters of the States (38 out of 50) to become part of the Constitution.
In Pennsylvania, Antifederalists in the state assembly tried to block the move towards ratification by refusing to attend the last two days of the session, intending to prevent a binding legal decision from being made. In Massachusetts, Samuel Adams, one of the more prominent Antifederalists, initially opposed the Constitution but later shifted his position, leading to its ratification in the state.
Some states voiced opposition to the Constitution on the grounds that it did not provide adequate protection for certain rights, including freedom of speech, religion, and the press. These concerns were addressed through the Massachusetts Compromise, which stipulated that amendments to protect these rights—what became known as the Bill of Rights—would be immediately proposed.
