Ratification Clause: Constitution's Key To Amendments

The Ratification Clause, outlined in Article VII of the United States Constitution, required the ratification of the Constitution by nine of the 13 states, a supermajority, for it to take effect. The process of ratification was a long and arduous one, with intense controversy during debates over the Constitution's ratification. The first state to ratify the Constitution was Delaware on December 7, 1787, and the Constitution was eventually ratified on June 21, 1788, when New Hampshire became the ninth state to do so.

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The Ratification Clause's original meaning

The original meaning of the Ratification Clause, also known as Article VII, is that the U.S. Constitution would become effective once it had been ratified by nine of the 13 existing states, thus forming a two-thirds majority. This process ignored the amendment provision of the Articles of Confederation, which required unanimous approval of all the states.

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 the Constitution, thus making it the official framework of the U.S. government.

However, the Constitution took effect in stages, as some parts required further specific action to become effective, such as the election of the first President, George Washington, for Article II to become effective. The Constitution was not ratified by all states until May 29, 1790, when Rhode Island finally approved the document.

The Ratification Clause has been interpreted to mean that the Constitution became effective on the date the eighth state convention ratified the document, not on the date when the First Congress convened, as the Supreme Court has held. This interpretation is based on the idea that constitutional norms should emanate from the popular sovereign.

The process of ratification also applies to private contract law, international treaties, and constitutions in federal states such as the United States and Canada. In the case of international treaties, ratification is accomplished by filing instruments of ratification and exchanging them between nations.

The process of ratification

Under Article VII, the state legislatures were tasked with organising "Federal Conventions" to ratify the document. This meant that, unlike the Articles of Confederation, which required unanimous approval from all states, the Constitution only needed ratification by nine of the 13 states—a two-thirds majority. This process ignited fierce debates across the nation, with two factions emerging: the Federalists, who supported the Constitution, and the Anti-Federalists, who opposed it.

The journey to achieving the required number of ratifications was long and challenging. On December 7, 1787, Delaware became the first state to ratify the Constitution, followed by Pennsylvania, New Jersey, Georgia, and Connecticut. However, some states voiced opposition due to the absence of protections for fundamental rights, including freedom of speech, religion, and the press. This concern was addressed through the Massachusetts Compromise in February 1788, which led to the proposal of amendments, resulting in the Bill of Rights.

The momentum continued, and on June 21, 1788, New Hampshire became the ninth state to ratify the Constitution, marking a pivotal moment in American history. The Constitution officially became the framework of the US government, and the country transitioned from being governed by the Articles of Confederation to embracing a stronger, more centralised form of governance.

While the Constitution was ratified in 1788, the process of refining and amending it continued. The Bill of Rights, comprising ten amendments, was ratified on December 15, 1791. The Constitution was not ratified by all states until May 29, 1790, when Rhode Island, the last holdout, finally approved the document.

The role of Alexander Hamilton

The ratification clause in the United States Constitution, also known as the Article VII clause, outlines the process by which the Constitution would be ratified and established. It states that the new framework would go into effect once ratified by nine of the thirteen original states. Alexander Hamilton played a pivotal role in the ratification process and the overall formation of the Constitution.

Alexander Hamilton, a founding father and one of the framers of the Constitution, was a key figure in the American Revolution and the subsequent formation of the American political system. Hamilton's role in the ratification of the Constitution was significant, and his influence can be seen in several key aspects of the document and its adoption. Hamilton was a delegate from New York to the Constitutional Convention in 1787, where he actively participated in the debates and contributed to shaping the final document.

One of Hamilton's most notable contributions during the ratification process was his collaboration with James Madison and John Jay to write the Federalist Papers. These were a series of essays published under the pseudonym "Publius" in New York newspapers, aimed at persuading the people of New York to ratify the proposed Constitution. The Federalist Papers are considered one of the most important sources of interpretation and understanding of the Constitution and the intentions of its framers. Hamilton wrote 51 of the 85 essays, including Federalist No. 78, which discusses the role of the judicial branch and the concept of judicial review.

Hamilton also played a crucial role in ensuring New York's ratification of the Constitution. After the Constitutional Convention, he returned to New York and led the Federalists in the state's ratification debates. He published numerous essays and articles, using his persuasive writing skills to advocate for the adoption of the Constitution. Hamilton's efforts were instrumental in securing New York's ratification, which was crucial to reaching the required number of states for the Constitution to take effect.

Additionally, Hamilton's influence extended beyond the ratification process and into the early years of the new government. He served as the first Secretary of the Treasury under President George Washington and shaped the country's economic policies. Hamilton's financial plans, including his reports on public credit and the establishment of a national bank, were controversial but helped stabilize the young nation's economy. His vision of a strong central government with fiscal authority laid the groundwork for many aspects of the American political and economic system that continue today.

In conclusion, Alexander Hamilton's role in the ratification of the Constitution and the formation of the American political system was significant and wide-ranging. Through his contributions during the Constitutional Convention, his persuasive writing in the Federalist Papers, and his leadership in New York's ratification debates, Hamilton helped shape the direction of the young nation. His ideas and policies as Treasury Secretary further solidified his impact on the country's future. Hamilton's legacy remains an important part of the American story and continues to influence constitutional interpretation and political thought.

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Opposition to the Constitution

The ratification of the US Constitution faced significant opposition from Anti-Federalists, who argued that it gave too much power to the federal government at the expense of states' rights. Notable Anti-Federalists included Robert Yates, George Clinton, Samuel Bryan, and Patrick Henry. They mobilized against the Constitution in state legislatures, demanding a Bill of Rights to protect civil liberties and individual freedoms. Rhode Island and North Carolina refused to ratify until they saw the Bill of Rights in place.

The Anti-Federalists' opposition was driven by their fear of a powerful national government that could become tyrannical and threaten individual liberties. They objected to the necessary and proper" clause, believing it granted the central government excessive power. They also criticised the ability of the president and Senate to coordinate and ratify treaties that might harm specific states or regions.

The Federalist Papers, a collection of essays written by Alexander Hamilton, John Jay, and James Madison, defended the Constitution. However, the Anti-Federalists' arguments gained traction, and Federalists like Madison eventually conceded to the need for a Bill of Rights. The period from 1787 to 1790 was unique in world political history, as Americans engaged in a serious debate about the ideal form of government for a free people.

The Anti-Federalists' efforts contributed to the adoption of the Bill of Rights, which comprises ten constitutional amendments securing basic rights and freedoms. These include the right to free speech, a speedy trial, due process, and protections against cruel and unusual punishments. The inclusion of the Bill of Rights reflected a spirit of compromise and genuine patriotism, suggesting that Americans were capable of self-government.

Despite the support of revered figures like George Washington and Benjamin Franklin, the massive grassroots opposition nearly derailed ratification. This opposition reflected a shift in political deference, as citizens felt empowered to decide what best served their interests and vision for the American Republic. The Federalists, with their unified goal, ultimately prevailed, but not without employing manipulative tactics and stifling debate.

The Bill of Rights

The ratification clause in the US Constitution refers to Article VII, which outlines the process for ratifying the Constitution. It required ratification by two-thirds of the states, or nine of the 13 states, through "Federal Conventions". This process ignored the Articles of Confederation's amendment provision, which required unanimous approval of all 13 states.

The journey to ratifying the US Constitution was long and arduous, with fierce debate between Federalists and Anti-Federalists. The first state to ratify the Constitution was Delaware on December 7, 1787, and on June 21, 1788, New Hampshire became the ninth state to ratify it, making it the official framework of the US government.

The ratification process grants states the necessary time to seek approval for a treaty, contract, or constitution on the domestic level and to enact the required legislation to give effect to that agreement. In the context of the US Constitution, ratification by the required number of states was essential for the document to become effective and binding.

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