Eleanor Finch
The United States Constitution was indeed submitted to the people for ratification. The process was a long and arduous one, with the country being governed by the Articles of Confederation until the new Constitution was ratified. The Articles of Confederation treated the union of states as a perpetual league of friendship, but it soon became clear that the future stability of the nation required a stronger, more centralized government. The Constitutional Convention delegates wanted the new constitution to be ratified by both a majority of states and a majority of the country's citizens.
| Characteristics | Values |
|---|---|
| Date of ratification | June 21, 1788 |
| Number of states required for ratification | 9 out of 13 |
| States that ratified the Constitution | Delaware, Pennsylvania, New Jersey, Georgia, Connecticut, Massachusetts, Maryland, South Carolina, New Hampshire |
| Date of first federal elections | December 15, 1788 |
| Date of new government formation | March 4, 1789 |
| First President | George Washington |
| First Vice President | John Adams |
| Date all states ratified the Constitution | May 29, 1790 |
| Date the Bill of Rights was ratified | December 15, 1791 |
| Number of amendments introduced by Madison | 17 |
| Number of amendments adopted by Congress | 12 |
| Number of amendments ratified | 10 |
| Number of states required for ratification of an amendment | 38 out of 50 |
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What You'll Learn
The Articles of Confederation
The process of drafting the Articles of Confederation began in June 1776, when Richard Henry Lee introduced a resolution before the Continental Congress declaring the colonies' independence and urging them to prepare a plan of confederation for the newly independent states. Benjamin Franklin's proposal for a firm league among the thirteen free and independent states was initially opposed by many delegates, but the need for a national government became apparent following the Declaration of Independence.
The final draft of the Articles of Confederation was achieved by guaranteeing each state's sovereignty, leaving the matter of western land claims to the individual states, establishing a unicameral legislature with limited powers, and agreeing to state-by-state voting and proportional state tax burdens. The Articles were submitted to the states for ratification in late November 1777, with Virginia being the first state to ratify on December 16, 1777. By February 1779, 12 states had ratified the Articles, with Maryland as the lone holdout due to disputes over western land claims. Maryland finally ratified the Articles on February 2, 1781, and Congress officially proclaimed them to be the law of the land.
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The journey to ratification
The journey to the ratification of the U.S. Constitution was a long and arduous process. The country was initially governed by the Articles of Confederation, which were tailored to a newly formed nation of states acting as independent, sovereign countries. However, it soon became apparent to America's leaders that a stronger, more centralized government was needed for future stability.
In May 1786, Charles Pinckney of South Carolina proposed that Congress appoint a committee to amend the Articles of Confederation, which were deemed insufficient, especially in trade, commerce, and defense. Alexander Hamilton of New York led the call for a constitutional convention, and the Confederation Congress endorsed his initiative. On May 25, 1787, representatives from all 13 states convened in Philadelphia to participate in the Convention, with General George Washington elected unanimously as its president.
The Convention's initial purpose was to amend the Articles of Confederation. However, the delegates, led by James Madison, wanted the new constitution to be ratified by both a majority of states and a majority of the country's citizens. They added the requirement that nine states, instead of seven, would be needed for ratification, believing that this would demonstrate that the new constitution was established by the will of the people rather than political elites. The Convention also removed the requirement that Congress approve the proposed Constitution before being sent out for ratification, as it was inappropriate to give Congress veto power over the document that would replace it.
On September 17, 1787, the Convention concluded with 38 out of 41 delegates signing the new U.S. Constitution. The document would not be binding until ratified by nine of the 13 states. Hamilton, Madison, and Jay produced "The Federalist Papers," 85 essays explaining and defending the proposed government, which were published nationwide. The first state to ratify was Delaware on December 7, 1787, followed by Pennsylvania, New Jersey, Georgia, and Connecticut.
Some states voiced opposition to the Constitution, arguing that it did not provide sufficient protection for rights such as freedom of speech, religion, and the press. However, the Massachusetts Compromise of February 1788 stipulated that amendments would be made to include what became the Bill of Rights. Following this compromise, Massachusetts, Maryland, and South Carolina ratified the Constitution. On June 21, 1788, New Hampshire became the ninth state to ratify, making the Constitution the official framework of the U.S. government.
The Constitution continued to evolve, with Madison introducing 17 amendments, 12 of which were adopted by Congress and sent to the states for ratification. Ten of these, known as the Bill of Rights, were ratified on December 15, 1791. The Constitution was not ratified by all states until May 29, 1790, when Rhode Island approved it, and the Bill of Rights became part of the Constitution by the end of the following year.
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The Bill of Rights
The US Constitution was ratified on June 21, 1788, when New Hampshire became the ninth of 13 states to approve it. The Constitution was originally intended to amend the Articles of Confederation, but instead, a new form of government was proposed and created.
James Madison wrote the amendments, which were initially presented as a list of 17 amendments. The Senate approved 12 of these, which were sent to the states for approval in August 1789. Ten of the proposed 12 amendments were ratified by three-fourths of the state legislatures on December 15, 1791.
The ratified amendments constitute the first 10 amendments of the Constitution, or the US Bill of Rights. The first amendment, for example, protects the freedom of speech, the right to publish, and the freedom of religion. The fourth amendment safeguards citizens' right to be free from unreasonable government intrusion in their homes through the requirement of a warrant. The second amendment protects the right to keep and bear arms.
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The role of James Madison
James Madison played a central role in drafting, explaining, and ratifying the US Constitution. He was a key figure at the Virginia ratifying convention, and his opponents included Patrick Henry and George Mason. Madison was initially opposed to the inclusion of a bill of rights, arguing that the government could only exert the powers specified by the Constitution. However, he later recognised that drafting a Bill of Rights was politically imperative. He introduced a list of amendments to the Constitution on 8 June 1789, and was relentless in securing its passage.
Madison was a prime author of The Federalist—a series of newspaper essays co-authored by Alexander Hamilton and John Jay—that explained and defended how the proposed new government would function. He was also instrumental in lobbying for votes in favour of ratifying the Constitution.
Madison's notes from the Federal Convention of 1787, which drafted the US Constitution, were meticulously recorded and provide valuable insights into the debates and compromises that shaped the final document. He struggled to draft a "Preamble" and a preface for his planned publication of these notes.
Madison was a strong advocate for individual liberties and believed that the new federal Constitution would better protect the rights of individuals and minorities. He also emphasised the role of public opinion in a republic and sought to reassure critics of the Constitution by adding guarantees of fundamental liberties.
In addition to his role in the ratification process, Madison was also a key figure in the broader political landscape of the time. He was a leader of the nationalists, who sought to bring the issue of ratification before "the people," rather than Congress or state legislatures. This tactical decision reflected their belief that the proposed constitution would be more likely to succeed through popular support. Madison's partnership with George Washington was instrumental in convening the Federal Convention in Philadelphia in 1787.
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The ratification process
The initial purpose of the convention was to amend the Articles of Confederation, which had been ratified by the states on March 1, 1781, creating a loose confederation of sovereign states. However, it soon became clear that a new form of government was required, with a stronger, more centralized government. The convention was led by Alexander Hamilton, who, along with James Madison and John Jay, produced 85 essays, known as "The Federalist Papers", explaining and defending the proposed new government.
The convention submitted its proposal for a new constitution to Congress on September 17, 1787. This was then sent to the states for ratification, with Delaware becoming the first state to ratify the Constitution on December 7, 1787. The ratification process was not without opposition, with some states voicing concerns over the lack of protection for certain rights. The terms of the Massachusetts Compromise, reached in February 1788, addressed these concerns, stipulating that amendments would be proposed to protect rights such as freedom of speech, religion, and the press, resulting in the Bill of Rights.
On June 21, 1788, the Constitution became the official framework of the U.S. government when New Hampshire became the ninth state to ratify it, satisfying the requirement for ratification. However, it was not until May 29, 1790, that all thirteen states had ratified the Constitution, and the Bill of Rights was not ratified until December 15, 1791. The ratification process was overseen by the Archivist of the United States, who is responsible for administering the process and examining the ratification documents.
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Frequently asked questions
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789.
On September 17, 1787, the Constitutional Convention submitted its proposal for a new constitution to Congress.
The procedure for amending the Constitution is outlined in Article V. The process is overseen by the Archivist of the United States.
The delegates wanted the new constitution to be ratified by both a majority of states and a majority of the country's citizens. They agreed that nine states were needed for ratification, which would yield a majority of citizens. The Constitution became official on June 21, 1788, when New Hampshire became the ninth state to ratify it.
