Malcolm Rivera
The United States Constitution was ratified on June 21, 1788, when New Hampshire became the ninth state to approve the document. The Constitution is governed by Article V, which outlines the process of amending the Constitution and requires ratification from three-fourths of the states. The original 13 states were invited to a convention in Philadelphia on May 25, 1787, to draft and approve the Constitution. The delegates, known as the Framers, initially intended to amend the Articles of Confederation but ultimately created a new form of government. The Constitution faced opposition from some states due to concerns over individual liberties and the balance of power between state and federal governments. The ratification process played a crucial role in shaping the early United States and its governing principles.
| Characteristics | Values |
|---|---|
| Article dealing with ratifying the Constitution | VII |
| Number of states required for ratification | 9 of 13 |
| Date of ratification | June 21, 1788 |
| First state to ratify | Delaware |
| Date of first state's ratification | December 7, 1787 |
| Date Constitution took effect | March 4, 1789 |
| Date all states ratified | May 29, 1790 |
| Amendment ratification process | Proposed by Congress with a two-thirds majority in both houses or by a constitutional convention called for by two-thirds of state legislatures; ratified by three-fourths of states |
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What You'll Learn
The role of the Archivist
The Archivist is also responsible for submitting amendments that Congress has proposed to the states for ratification, collecting state ratifications, and certifying amendments as part of the Constitution once three-fourths of the states ratify them. When the OFR verifies that it has received the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large and serves as official notice to Congress and the Nation that the amendment process has been completed.
The Archivist does not make any substantive determinations as to the validity of state ratification actions, but it has been established that the Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive. In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President.
The current Archivist of the United States is David S. Ferriero, who was confirmed in November 2009. The Archivist, who oversees the administration of the preservation of government records, committed the National Archives and Records Administration to the principles of Open Government—transparency, participation, and collaboration.
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Ratification by three-quarters of states
The process of ratifying the Constitution of the United States was a significant event in the country's history, shaping the way the nation was governed. The original Constitution, drafted by 55 delegates at the Constitutional Convention in Philadelphia in 1787, required ratification by the states before it could become the law of the land. This approach to ratification was unusual, as it involved holding ratifying conventions in each state rather than seeking approval from state legislatures.
Article VII of the Constitution, also known as federalism in action, played a crucial role in this process. It stipulated that the ratification of nine out of the thirteen states was necessary for the Constitution to take effect and establish a new government. The delegates to the Constitutional Convention approved the document on September 17, 1787, and copies were sent to each state for ratification.
The first state to ratify the Constitution was Delaware on December 7, 1787, followed by Pennsylvania, New Jersey, Georgia, and Connecticut. However, several states opposed the Constitution due to its lack of protection for individual rights and liberties. This led to the Massachusetts Compromise, which stipulated that amendments, later known as the Bill of Rights, would be proposed to address these concerns.
The pivotal ninth state needed for ratification was New Hampshire, which ratified the Constitution on June 21, 1788. Subsequently, other states followed suit, including Virginia and New York. The process of ratification continued, and by May 29, 1790, Rhode Island became the final state to approve the document, completing the ratification process for the Constitution.
Today, amendments to the Constitution fall under Article V, which requires ratification by three-quarters of the states, or 38 out of 50 states, for an amendment to be adopted and become part of the Constitution. This process is administered by the Archivist of the United States, who receives certified copies of state actions and delegates duties to the Director of the Federal Register. The ratification documents are examined for legal sufficiency, and once the required number of authenticated documents is verified, a formal proclamation is drafted for the Archivist to certify the amendment's validity.
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State ratification conventions
The process of ratifying the Constitution involved state ratification conventions, where delegates elected by their neighbours would assemble to vote on whether to accept or reject the Constitution. This approach to ratification was unusual, as it bypassed the state legislatures and allowed the sentiments of registered voters to be more directly considered.
The first state to ratify the Constitution was Delaware, which held its state ratification convention on December 7, 1787. The 30 delegates, all Federalists, voted unanimously to ratify the Constitution. This was followed by Pennsylvania, New Jersey, Georgia, and Connecticut. However, there was opposition in some states, such as Pennsylvania and Connecticut, where objections were raised.
The process of state ratification conventions was not without its challenges. Some states, like Rhode Island, took longer to approve the document, with Rhode Island being the last state to ratify the Constitution on May 29, 1790. Additionally, the Bill of Rights was not ratified until the end of the following year. The location of the capital was also a point of contention, with the final decision being made almost a year and a half after the general elections.
The ratification of the Constitution was a complex and lengthy process, with state ratification conventions playing a crucial role in shaping the future of the nation. The conventions allowed for direct voter representation and provided an opportunity to debate and deliberate on the proposed Constitution.
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The Federalist Papers
The high demand for the essays led to their publication in a more permanent form. On January 1, 1788, the New York publishing firm J. & A. McLean announced that they would publish the first 36 essays as a bound volume. This volume was released on March 22, 1788, and was titled The Federalist Volume 1. A second bound volume was released on May 28, 1788, containing Federalist Nos. 37–77 and the previously unpublished Nos. 78–85.
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Amendments to the Constitution
The authority to amend the US Constitution is derived from Article V of the Constitution. Amendments to the Constitution can be proposed either 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 the state legislatures.
The process of amending the Constitution begins with the proposal stage, where either Congress or a constitutional convention introduces an amendment for consideration. If Congress proposes an amendment, it does so in the form of a joint resolution, which is then forwarded to the National Archives and Records Administration (NARA) for processing and publication. The NARA Office of the Federal Register (OFR) adds legislative history notes to the joint resolution and publishes it. The OFR also assembles an information package for the states, providing them with formal copies of the resolution.
Once the proposal stage is complete, the amendment moves to the ratification stage. The Archivist of the United States is responsible for administering the ratification process, although the specific procedures are not outlined in detail in Article V. Typically, the Archivist follows established customs and procedures, including those previously performed by the Secretary of State and the Administrator of General Services. During the ratification process, states may hold ratification conventions or take action through their state legislatures. When a state ratifies a proposed amendment, it sends an original or certified copy of the state action to the Archivist, who conveys it to the Director of the Federal Register.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50). Once the OFR verifies that it has received the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify the amendment's validity. This certification is published in the Federal Register and serves as official notice that the amendment process is complete. The signing of this certification has become a ceremonial event attended by dignitaries, including the President.
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Frequently asked questions
Article VII of the US Constitution outlines how the document would take effect as the primary law for the United States of America.
Article VII states that "The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same."
The Constitution required nine of the thirteen states to ratify it for it to become law and a new government to form.
Delaware was the first state to ratify the Constitution on December 7, 1787, followed by Pennsylvania, New Jersey, Georgia, and Connecticut.
The Constitution was not ratified by all states until May 29, 1790, when Rhode Island approved the document.
