The Constitution's Ratification: Popular Vote Or Not?

The ratification of the US Constitution was a complex process that took place over several months. The Constitution was turned over to state legislatures for consideration through specially elected state conventions of the people. Five state conventions voted to approve the Constitution almost immediately, with the first state to ratify being Delaware on December 7, 1787, by a unanimous vote. However, the process was not without opposition, as antifederalists in Rhode Island refused to call a ratifying convention, instead holding a popular referendum on the Constitution. The delegates at the Constitutional Convention also faced challenges, as they knew that obtaining majorities of both states and people would be necessary for successful ratification.

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The first state to ratify the Constitution was Delaware, on December 7, 1787

The ratification of the US Constitution was not a simple matter of popular vote. The process began when the Congress turned the Constitution over to the state legislatures for consideration through specially elected state conventions of the people. Five state conventions voted to approve the Constitution almost immediately (December 1787 to January 1788) and in all of them the vote was unanimous (Delaware, New Jersey, Georgia) or lopsided (Pennsylvania, Connecticut). The Federalists rapidly secured five of the nine states needed to make the Constitution law. However, a closer look at who ratified the Constitution in these early states and how it was done indicates that the contest was much closer than might appear at first glance.

Five state conventions voted to approve the Constitution almost immediately (December 1787 to January 1788)

Five state conventions voted to approve the Constitution almost immediately, between December 1787 and January 1788. The first state to ratify was Delaware, on 7 December 1787, with a unanimous vote of 30-0. The vote was unanimous in Delaware, New Jersey and Georgia, and lopsided in Pennsylvania and Connecticut. The Federalists rapidly secured five of the nine states needed to make the Constitution law.

The Federalists' success in these early states made the Constitution seem to have easy, broad and popular support. However, a closer look at who ratified the Constitution in these early states and how it was done indicates that the contest was much closer than might appear at first glance. For example, John Hancock's shift from initial opposition to the Constitution helped carry the narrow victory in Massachusetts. This compromise was adopted by every subsequent state convention to ratify (except Maryland).

Antifederalists accepted the new ratification procedure, except in Rhode Island

Antifederalists throughout the country willingly accepted the new ratification procedure. Only in Rhode Island did the state legislature refuse to call a ratifying convention, instead holding a popular referendum on the Constitution. Rhode Island was not even represented at the Constitutional Convention, and the Antifederalists' refusal to call a ratifying convention meant that the state was not one of the first nine states to approve the Constitution.

The Antifederalists' acceptance of the new ratification procedure was significant in making ratification of the new Constitution more likely. They also accepted two Federalist positions: that the Constitution in its entirety must be either adopted or rejected, and that the ratifying conventions should not propose amendments as a requirement before they would ratify the Constitution.

The ratification process started when the Congress turned the Constitution over to the state legislatures for consideration through specially elected state conventions of the people. Five state conventions voted to approve the Constitution almost immediately (December 1787 to January 1788) and in all of them the vote was unanimous (Delaware, New Jersey, Georgia) or lopsided (Pennsylvania, Connecticut). The well-organised Federalists rapidly secured five of the nine states needed to make the Constitution law.

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 represented 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. 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.

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The Massachusetts vote included an innovation with broad significance

The ratification of the US Constitution was not done by popular vote. Instead, the ratification process started when the Congress turned the Constitution over to the state legislatures for consideration through specially elected state conventions of the people. Five state conventions voted to approve the Constitution almost immediately (December 1787 to January 1788) and in all of them the vote was unanimous (Delaware, New Jersey, Georgia) or lopsided (Pennsylvania, Connecticut).

The Massachusetts vote was significant because it was the first state to ratify the Constitution with amendments protecting individual rights. This set a precedent for the other states to follow and helped to ensure that the Constitution would become law. It also demonstrated the power of compromise in the ratification process and showed that it was possible to bridge the divide between Federalists and Antifederalists.

Ratification by seven small states might not provide a majority of people

The ratification process started when the Congress turned the Constitution over to the state legislatures for consideration through specially elected state conventions of the people. Five state conventions voted to approve the Constitution almost immediately (December 1787 to January 1788) and in all of them the vote was unanimous (Delaware, New Jersey, Georgia) or lopsided (Pennsylvania, Connecticut). Clearly, the well-organized Federalists began the contest in strong shape as they rapidly secured five of the nine states needed to make the Constitution law.

However, a closer look at who ratified the Constitution in these early states and how it was done indicates that the contest was much closer than might appear at first glance. 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.

By the spring conventions in the required nine states had ratified, and the Constitution could become law. But with powerful, populous, and highly divided Virginia and New York yet to vote, the legitimacy of the new national system had not yet been fully resolved. It took 10 months for the first nine states to approve the Constitution. The first state to ratify was Delaware, on December 7, 1787, by a unanimous vote, 30 - 0.

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