Malcolm Rivera
Ratifying the US Constitution is a complex process. Previous attempts to amend the Articles of Confederation had failed due to the requirement for unanimous approval of the state legislatures. To overcome this challenge, the framers of the Constitution called upon state legislatures to hold ratification conventions, where delegates elected by their neighbours would represent their interests. This approach avoided asking legislators to approve a document that would require them to give up their power. The delegates felt it was necessary to obtain majorities of both states and people, and on August 31, they decided that nine states would be appropriate to implement the Constitution among the ratifying states. To become part of the Constitution, any amendment proposed by a convention must be ratified by three-fourths of the states through a vote of either the state legislature or a state convention.
| Characteristics | Values |
|---|---|
| Approval of state legislatures | Unanimous |
| Number of states required for ratification | 9 |
| Number of states required for ratification through a vote of either the state legislature or a state convention | 3/4 |
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What You'll Learn
Unanimous approval of state legislatures
Ratification of the U.S. Constitution requires the approval of three-fourths of the states. This can be achieved through a vote of either the state legislature or a state convention.
The unanimous approval of state legislatures was a requirement for the ratification of the Articles of Confederation. It took three and a half years to ratify the Articles due to this requirement.
The delegates at the Constitutional Convention knew that the unanimity requirement would make ratification difficult. Rhode Island was not even represented in the Convention, and New York was likely to oppose any significant transfer of power from the states to Congress.
To avoid the need for unanimous approval, the framers of the Constitution called upon state legislatures to hold ratification conventions. These conventions were attended by delegates elected by their neighbours to represent their interests. The delegates were not being asked to give up their power but to place limits on the power of their state legislators.
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Ratification by nine states
The delegates at the Constitutional Convention knew that the unanimity requirement of the Articles would doom any hopes of ratification. They felt it necessary to obtain majorities of both states and people. Ratification by seven small states might not provide a majority of people.
The procedure established in ratifying the proposed new Constitution of 1787 was critical. Previous attempts to amend the Articles of Confederation had failed because of the requirement in the Articles for the unanimous approval of the state legislatures. Without an alternative method of ratification, it was unlikely the Convention’s proposal would be adopted. Consequently, politically astute alternatives were proposed and utilized in ratifying the new Constitution.
Instead, by calling upon state legislatures to hold ratification conventions to approve the Constitution, the framers avoided asking the legislators to approve a document that would require them to give up a degree of their own power. The men attending the ratification conventions would be delegates elected by their neighbours to represent their interests. They were not being asked to relinquish their power; in fact, they were being asked to place limits upon the power of their state legislators, whom they may not have elected in the first place.
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Ratification by three-fourths of the states
The delegates at the Constitutional Convention knew that obtaining unanimous approval would be challenging, given that some states, such as Rhode Island and New York, were likely to oppose any significant transfer of power from the states to Congress. Therefore, they proposed politically astute alternatives to ensure the adoption of their proposal.
To achieve ratification by three-fourths of the states, the delegates decided that nine states would be appropriate to implement the Constitution among the ratifying states. This number was significant 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 framers of the Constitution called upon state legislatures to hold ratification conventions, where delegates elected by their neighbours would represent their interests. These delegates were not being asked to give up their power but rather to place limits on the power of their state legislators. Ultimately, the acceptance or rejection of the Constitution was left to the nation's citizens, as the new nation was to be a republic where power was held by the people through their elected representatives.
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Ratification conventions
To overcome this challenge, ratification conventions were proposed as an alternative method of ratification. These conventions were gatherings of delegates elected by their neighbours to represent their interests. The delegates were not asked to give up their power but instead to place limits on the power of state legislators, whom they may not have elected. This approach aligned with the principle of a republic, where power is held by the people through their elected representatives.
The decision-making process at ratification conventions was carefully considered. In the case of the U.S. Constitution, the delegates recognised that unanimity among the states might not be achievable. Therefore, they decided that ratification by nine states would be sufficient to implement the Constitution among the ratifying states. This number was significant because it mirrored the number of states required in the Confederation Congress to adopt important matters, such as declaring war or ratifying treaties.
To ensure the successful ratification of a constitution, it is essential to obtain the approval of a majority of both states and people. This can be achieved through ratification conventions, where delegates work together to determine the most suitable method for their specific circumstances.
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Approval by the nation's citizens
Ratification of the Constitution requires approval by the nation's citizens. This is because the new nation was to be a republic in which power was held by the people through their elected representatives. It was therefore considered appropriate to leave the ultimate acceptance or rejection of the Constitution to the nation's citizens.
The procedure established in ratifying the proposed new Constitution of 1787 was critical. Previous attempts to amend the Articles of Confederation had failed because of the requirement in the Articles for the unanimous approval of the state legislatures. Without an alternative method of ratification, it was unlikely the Convention’s proposal would be adopted. Consequently, politically astute alternatives were proposed and utilized in ratifying the new Constitution.
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.
To become part of the Constitution, any amendment proposed by that convention must be ratified by three-fourths of the states through a vote of either the state legislature or a state convention convened for that purpose.
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Frequently asked questions
Approval from three-fourths of the states.
Through a vote of either the state legislature or a state convention.
Adopting the constitution.
