Omar Bennett
The U.S. Constitution was ratified on June 21, 1788, when New Hampshire became the ninth state to ratify it, satisfying Article VII's requirement for ratification. The road to ratification was not straightforward, with delegates to the Constitutional Convention of 1787 knowing that obtaining ratification from all 13 states would be challenging. The Convention's primary purpose was to address the need for a stronger, more centralized government, as the Articles of Confederation, which previously governed the country, were tailored to a newly formed nation of states acting as independent, sovereign countries.
| Characteristics | Values |
|---|---|
| Date of signing | September 17, 1787 |
| Number of delegates present | 41 |
| Number of delegates who signed | 38 |
| Number of states required for ratification | 9 out of 13 |
| First state to ratify | Delaware |
| Date of first ratification | December 7, 1787 |
| Date of official ratification | June 21, 1788 |
| Number of states required for modern-day ratification | 38 out of 50 |
| Date of last state ratification | May 29, 1790 |
| Date the Bill of Rights was ratified | December 15, 1791 |
| Date the capital was set | July 16, 1790 |
| Date of first federal elections | December 15, 1788 |
| Date the new government was set to begin | March 4, 1789 |
| First President | George Washington |
| First Vice President | John Adams |
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What You'll Learn
Ratification by nine states
The ratification of the U.S. Constitution was a significant event in the country's history, marking a shift from the Articles of Confederation to a stronger, more centralized government. The process of ratification played a crucial role in ensuring that the new Constitution reflected the will of the people and addressed the need for a more effective national government.
The Constitutional Convention of 1787, led by Alexander Hamilton, brought together representatives from all 13 states to draft a new Constitution. However, the delegates faced a challenge in determining the method of ratification that would ensure the adoption of their proposal. They had to consider the requirement for a majority of both states and people, as a simple majority of seven small states might not represent a majority of the population.
To address this, the delegates decided that ratification by nine states would be necessary for implementing the new Constitution. This decision was influenced by the precedent set in the Confederation Congress, where nine states were required to make important decisions such as declaring war or ratifying treaties. By requiring ratification from a substantial number of states, the delegates aimed to ensure broad support and legitimacy for the new Constitution.
The process of achieving ratification by nine states began with the delegates returning to their home states to build support for the proposed charter. The document faced scrutiny and debate, and state conventions, rather than existing state legislatures, served as forums for proponents and opponents to articulate their ideas before the citizens. This approach ensured that the Constitution's authority derived from representatives specifically elected to approve or reject the charter, reflecting the will of the electorate.
On June 21, 1788, the U.S. Constitution was officially ratified when New Hampshire became the ninth state to approve it. The states that ratified the Constitution before New Hampshire were Delaware, Pennsylvania, New Jersey, Georgia, Connecticut, Massachusetts, Maryland, and South Carolina. This ratification process fulfilled the requirements of Article VII of the Constitution, which stipulated that nine states needed to ratify the document for it to take effect.
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State conventions for ratification
State conventions were a crucial mechanism for the ratification of the US Constitution, ensuring that it reflected the will of the people. The delegates to the Constitutional Convention of 1787 were aware of the challenges posed by the decade-long constitutional heritage, which required unanimous ratification by state legislatures. To address this, they proposed that the new Constitution be ratified by state conventions, ensuring that it garnered support from both a majority of states and a majority of people.
The state conventions served multiple purposes beyond the legal requirements for ratification. They informed the public about the provisions of the proposed new government, providing a forum for proponents and opponents to articulate their ideas. This approach ensured that the Constitution's authority derived from representatives specifically elected to approve or disapprove of the charter, reflecting the will of the electorate. By bypassing state legislatures, the Constitution also avoided potential amendments that might have been attached by states reluctant to cede authority to a national government.
The state conventions for ratification played out against a backdrop of public debate and scrutiny. Able and articulate individuals used newspapers, pamphlets, and public meetings to discuss ratification. Those opposed to the Constitution, known as Antifederalists, accepted the ratification procedure but held differing views on the role of the delegates in Philadelphia. Some Antifederalists argued that the delegates had exceeded their authority by creating an illegal new document, while others criticised the document for serving the special interests of the well-born and the propertied classes.
The first state to ratify the Constitution was Delaware on December 7, 1787, followed by Pennsylvania, New Jersey, Georgia, and Connecticut. On June 21, 1788, New Hampshire became the ninth state to ratify, fulfilling the requirement for ratification under Article VII of the Constitution. The ratification process concluded on May 29, 1790, when Rhode Island, the last holdout state, approved the document.
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Ratification by three-fourths of the states
The three-fourths requirement translates to 38 out of 50 states needing to approve an amendment for it to become part of the Constitution. This threshold ensures that a substantial majority of states consent to any changes made to the nation's foundational document. The ratification process is not solely a numerical exercise, as it involves engaging with the public and elected representatives. State conventions, rather than existing state legislatures, are the agents of ratification. This approach, chosen by the Constitutional Convention, was designed to garner broader support for the Constitution and avoid potential amendments from individual states, which could hinder the process.
The ratification process also serves as a platform for proponents and opponents of the proposed amendment to articulate their positions before the citizenry. This aspect of ratification underscores the importance of public debate and scrutiny in shaping the nation's laws and governance. The process empowers citizens to influence the direction of the country through their elected representatives.
The three-fourths ratification requirement has been a consistent element in the evolution of the Constitution. For example, the original Constitution, drafted in 1787, required ratification by nine of the 13 existing states, which was achieved on June 21, 1788, when New Hampshire became the ninth state to ratify. Similarly, the Bill of Rights, comprising the first ten amendments to the Constitution, was ratified by three-fourths of the states on December 15, 1791.
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Amendments to the Articles
The Articles of Confederation, which served as the first constitution of the United States, were ratified by the Continental Congress on November 15, 1777, and came into effect on March 1, 1781. This document was tailored to a newly formed nation of 13 independent states, but it soon became apparent that a stronger, more centralized government was needed for future stability.
Between 1781 and 1787, Congress proposed several amendments to the Articles to strengthen the powers of Congress. All of these amendments had the support of a large majority of both the states and the people, but none were adopted because the Articles required the unanimous ratification of state legislatures. Slim majorities in one or two states opposed the transfer of power from the states to Congress.
The delegates to the Constitutional Convention of 1787 were aware of this issue. The primary purpose of the ratification process set up by the Convention was to ensure that the new Constitution had the approval of a majority of people and a majority of states. The delegates decided that nine states would need to ratify the new Constitution, as this was the number required in the Confederation Congress to adopt important matters. They also removed the requirement that Congress approve the proposed Constitution before it was sent out for ratification, as they did not want the existing Congress to have veto power over the document that would replace it.
The new U.S. Constitution was ratified on June 21, 1788, when New Hampshire became the ninth state to ratify, satisfying the requirement for ratification in Article VII of the Constitution. The Constitution was not ratified by all states until May 29, 1790, when Rhode Island approved the document.
Amendments to the Constitution may be proposed 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 state legislatures. Once proposed, an amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50).
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Public scrutiny and debate
Public debate was facilitated by the publication of the 85 essays known as "The Federalist Papers", produced by Alexander Hamilton, James Madison, and John Jay. These essays explained and defended the proposed new government and were published in newspapers nationwide. Able, articulate men also used newspapers, pamphlets, and public meetings to debate ratification.
The ratifying conventions served the function of informing the public of the provisions of the proposed new government, and they also served as forums for proponents and opponents to articulate their ideas before the citizenry. The state conventions, not Congress, were the agents of ratification, and this approach ensured that the Constitution's authority came from representatives of the people specifically elected for the purpose of approving or disapproving the charter, resulting in a more accurate reflection of the will of the electorate.
The delegates to the Constitutional Convention sought to address two crucial issues: the new Constitution should be approved by a majority of people, and a majority of states. Article VII of the proposed Constitution required that nine states ratify the new Constitution, and that the method of ratification would be through state conventions rather than existing state legislatures. This was because approval by a simple majority of seven states might not provide a majority of people.
The first state to ratify the Constitution was Delaware on December 7, 1787, followed by Pennsylvania, New Jersey, Georgia, and Connecticut. The Constitution was ratified on June 21, 1788, when New Hampshire became the ninth state to ratify, satisfying the requirement for ratification in Article VII.
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Frequently asked questions
Nine of the 13 existing states were required to ratify the US Constitution.
All 13 states eventually ratified the US Constitution, with New Hampshire being the ninth and final state required for ratification on June 21, 1788.
The primary purpose of the ratification process was to ensure the new Constitution had the approval of the majority of people and states.
