The Constitution's Journey: Ratification And Its Legacy

how would the constitution be ratified

The ratification of the U.S. Constitution was a complex process that involved state conventions and legislatures. The delegates at the Constitutional Convention, including George Washington and Benjamin Franklin, decided that nine states would be needed to ratify the Constitution. This was because nine was the number of states required in the Confederation Congress to make important decisions. The process of ratification was made easier by the use of ad hoc state conventions, which only met once and allowed prominent men who were not state legislators to participate. The Constitution was eventually ratified by Massachusetts, Maryland, South Carolina, and New Hampshire, with the first federal elections taking place in 1788 and 1789.

Characteristics Values
Philosophical basis The new federal Constitution would be superior to any specific legislature
Political basis Ad hoc state conventions would be easier to obtain ratification from than legislatures
Political basis Conventions would allow prominent men who were not state legislators to participate in the ratification debate
Political basis Conventions would allow for the participation of men who had retired from public service or were prohibited by law from serving in state legislatures
Political basis Conventions would avoid the need for two struggles to obtain a single state’s adoption
Political basis The stature of the Convention delegates, particularly George Washington and Benjamin Franklin, helped generate confidence in the proposal
Political basis The unanimity requirement of the Articles would doom any hopes of ratification
Political basis The proposal was accepted by the American people and their state legislatures
Political basis The proposal was ratified by nine states
Political basis The proposal was ratified by Massachusetts, Maryland, South Carolina, and New Hampshire

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The proposal to allow each state its own discretion in deciding its method of ratification was rejected

The delegates felt it necessary to obtain majorities of both states and people. Ratification by seven small states might not provide a majority of people. On August 31, the delegates decided (by a vote of eight states to three) that nine states would be appropriate to implement the Constitution among the ratifying states. The Convention also decided to substitute state conventions instead of state legislatures as the bodies to consider ratification.

Some states voiced opposition to the Constitution on the grounds that it did not provide protection for rights such as freedom of speech, religion, and the press. However, the terms of the Massachusetts Compromise reached in February 1788 stipulated that amendments to that effect—what became the Bill of Rights—would be immediately proposed. The constitution was subsequently ratified by Massachusetts, Maryland, South Carolina, and, finally, New Hampshire. After ratification, Congress set dates for the first federal elections and the official implementation of the Constitution.

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Ratification by ad hoc state conventions would be easier than legislatures giving up their powers

The delegates felt it necessary to obtain majorities of both states and people. Ratification by seven small states might not provide a majority of people. On August 31, the delegates decided (by a vote of eight states to three) that nine states would be appropriate to implement the Constitution among the ratifying states. The Convention also decided to substitute state conventions instead of state legislatures as the bodies to consider ratification.

A proposal to allow each of the states their own discretion in deciding its method of ratification was rejected. Philosophically, by having conventions representing the will of the people directly, this process would make the new federal Constitution superior to any specific legislature.

The next step in ratification occurred in the Constitutional Convention itself when the delegates determined the method most likely to ensure their proposal’s adoption. With Rhode Island not even represented in the Convention and New York likely to oppose any significant transfer of power from the states to Congress, the delegates knew that the unanimity requirement of the Articles would doom any hopes of ratification.

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The stature of the Convention delegates, including George Washington and Benjamin Franklin, helped generate confidence in the proposal

The delegates felt it necessary to obtain majorities of both states and people. Ratification by seven small states might not provide a majority of people. On August 31, the delegates decided (by a vote of eight states to three) that nine states would be appropriate to implement the Constitution among the ratifying states—nine was the number of states necessary in the Confederation Congress to adopt important matters such as borrowing money, declaring war, ratifying treaties, and admitting new states into the Union. The Convention also decided to substitute state conventions instead of state legislatures as the bodies to consider ratification. This was because it would be easier to obtain ratification from ad hoc state conventions that would meet only once and then disappear forever as opposed to having legislatures consider giving up some of their own powers.

A proposal to allow each of the states their own discretion in deciding its method of ratification was rejected. Philosophically, by having conventions representing the will of the people directly, this process would make the new federal Constitution superior to any specific legislature. Conventions would also allow prominent men who were not state legislators to participate in the ratification debate. Many prominent men throughout the country had retired from public service, while others were prohibited by law from serving in state legislatures—governors, judges, delegates to Congress, and in five states, religious ministers.

Some states voiced opposition to the Constitution on the grounds that it did not provide protection for rights such as freedom of speech, religion, and the press. However, the terms of the Massachusetts Compromise reached in February 1788 stipulated that amendments to that effect—what became the Bill of Rights—would be immediately proposed. The constitution was subsequently ratified by Massachusetts, Maryland, South Carolina, and, finally, New Hampshire. After ratification, Congress set dates for the first federal elections and the official implementation of the Constitution.

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Some states voiced opposition to the Constitution on the grounds that it did not provide protection for rights such as freedom of speech, religion, and the press

The ratification of the U.S. Constitution was a complex process that involved navigating political and philosophical considerations. The delegates at the Constitutional Convention sought to ensure their proposal's adoption, recognising the challenge of achieving unanimity among the states. A key decision was to opt for state conventions, which would meet only once, instead of state legislatures as the bodies responsible for considering ratification. This approach was politically expedient as it avoided the potential obstacle of legislatures being reluctant to cede power. Additionally, state conventions enabled the participation of prominent individuals who were not state legislators, including retired public servants, governors, judges, and religious ministers in some states.

Some states voiced opposition to the Constitution, arguing that it lacked provisions safeguarding fundamental rights such as freedom of speech, religion, and the press. This concern was significant enough to threaten the ratification process. However, the terms of the Massachusetts Compromise, reached in February 1788, addressed these concerns by stipulating that amendments, which later became the Bill of Rights, would be promptly proposed to protect these freedoms.

The compromise proved effective in assuaging the concerns of several states, including Massachusetts, Maryland, South Carolina, and New Hampshire, which subsequently ratified the Constitution. This development paved the way for the first federal elections and the official implementation of the Constitution. The elections, held from December 15, 1788, to January 10, 1789, resulted in George Washington being elected as the nation's first president, with John Adams as vice president. The new government was set to commence its duties on March 4, 1789, marking a pivotal moment in the nation's history.

The ratification process for the U.S. Constitution was a delicate endeavour, requiring careful navigation of political and ideological differences among the states. The opposition raised by some states regarding the absence of explicit protections for certain fundamental rights highlights the importance placed on individual liberties in the nascent American republic. The successful resolution of this issue through the Massachusetts Compromise and the subsequent ratification by key states demonstrated the delegates' ability to address concerns and forge a path toward the establishment of a unified nation under the Constitution.

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The delegates decided that nine states would be appropriate to implement the Constitution among the ratifying states

The ratification of the US Constitution was a complex process. The delegates at the Constitutional Convention decided that nine states would be appropriate to implement the Constitution among the ratifying states. This was because nine was the number of states necessary in the Confederation Congress to adopt important matters, such as borrowing money, declaring war, ratifying treaties, and admitting new states into the Union. The delegates also knew that Rhode Island was not represented in the Convention and that New York would likely oppose any significant transfer of power from the states to Congress. Therefore, they decided to substitute state conventions instead of state legislatures as the bodies to consider ratification. This would make the new federal Constitution superior to any specific legislature.

The ratification process was also influenced by the political realities of the time. It would be easier to obtain ratification from ad hoc state conventions that would meet only once and then disappear, as opposed to legislatures, which would have to consider giving up some of their own powers. Additionally, eleven states had bicameral legislatures, meaning that two struggles would be necessary to obtain a single state’s adoption. Conventions would also allow prominent men who were not state legislators to participate in the ratification debate, including governors, judges, delegates to Congress, and, in five states, religious ministers.

Some states voiced opposition to the Constitution on the grounds that it did not provide protection for certain rights, such as freedom of speech, religion, and the press. However, the terms of the Massachusetts Compromise reached in February 1788 stipulated that amendments to that effect—what became the Bill of Rights—would be immediately proposed. The constitution was subsequently ratified by Massachusetts, Maryland, South Carolina, and, finally, New Hampshire. After ratification, Congress set dates for the first federal elections and the official implementation of the Constitution.

Frequently asked questions

The process of ratifying the Constitution involved the delegates of the Constitutional Convention determining the method most likely to ensure their proposal's adoption. This included substituting state conventions instead of state legislatures as the bodies to consider ratification.

It was decided that it would be easier to obtain ratification from ad hoc state conventions that would meet only once and then disappear forever, as opposed to legislatures which would have to consider giving up some of their own powers.

The delegates decided that nine states would be appropriate to implement the Constitution among the ratifying states. This was because nine was the number of states necessary in the Confederation Congress to adopt important matters.

The first states to ratify the Constitution were Massachusetts, Maryland, South Carolina, and New Hampshire.

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