Jonah Patel
The US Constitution was ratified on June 21, 1788, when New Hampshire became the ninth state to approve it, satisfying the requirement for ratification. The procedure for ratification was outlined in Article VII of the Constitution, which required that the document be ratified by nine of the thirteen states. This approach to ratification was unusual, as it called for state conventions to be held to approve the Constitution, rather than asking state legislatures to approve it. The ratification process was led by Federalists such as Alexander Hamilton, James Madison, and John Jay, who promoted ratification through essays and correspondence with political leaders. The Constitution was not ratified by all states until May 29, 1790, when Rhode Island, the last state, approved the document.
| Characteristics | Values |
|---|---|
| Date of ratification | June 21, 1788 |
| Number of states required for ratification | 9 out of 13 |
| First state to ratify | Delaware |
| Date of first state ratification | December 7, 1787 |
| Last state to ratify | Rhode Island |
| Date of last state ratification | May 29, 1790 |
| Number of votes for in last state ratification | 34 |
| Number of votes against in last state ratification | 32 |
| Total number of amendments at the time of ratification | 17 |
| Number of amendments ratified by December 15, 1791 | 10 |
| Date of first presidential election | December 15, 1788 |
| Date of new government formation | March 4, 1789 |
| First President | George Washington |
| First Vice President | John Adams |
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What You'll Learn
The Articles of Confederation
Under the Articles, the central government, called the Confederation Congress, had limited powers. It could declare war, sign treaties, and resolve disputes between the states. However, it lacked the power to tax, regulate trade, or enforce laws. The Articles established a unicameral legislature where each state had one vote, regardless of its population. Decisions were made by a majority vote of the states, and any changes to the Articles required the unanimous consent of all the states.
The shortcomings of the Articles led to calls for a stronger central government. Leaders such as Alexander Hamilton argued that a more centralized government was necessary to ensure the country's future stability. As a result, a Constitutional Convention was convened in Philadelphia in 1787 to amend the Articles. However, the Convention ultimately resulted in the creation of a new form of government and the drafting of a new Constitution.
The new Constitution proposed a stronger federal government with three branches: executive, legislative, and judicial. It also provided for a bicameral legislature with representation based on population. The Constitution required ratification by nine of the thirteen states to become binding. The ratification process was contentious, with Federalists supporting ratification and Antifederalists opposing it and calling for amendments, including a bill of rights. The Constitution was eventually ratified by the required number of states on June 21, 1788, and replaced the Articles of Confederation as the nation's governing document.
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Ratification by nine of 13 states
The procedure for ratifying the U.S. Constitution was laid out in Article VII, the final article of the Constitution. It stated that the document would only become law and form a new government if it was ratified by nine of the thirteen states. This was an unusual approach, as the Articles of Confederation, which the Constitution sought to replace, rested on the consent of the states. This meant that changes to the nation's government should have been ratified by the state legislatures.
To avoid asking the legislators to approve a document that would require them to give up some of their power, the framers of the Constitution called upon state legislatures to hold ratification conventions to approve it. The men attending these conventions were delegates elected by their neighbours to represent their interests. They were being asked to place limits on the power of their state legislators, whom they may not have elected. As the new nation was to be a republic, it was considered appropriate to leave the ultimate acceptance or rejection of the Constitution to the people.
The delegates wanted the new constitution to be ratified by both a majority of states and a majority of the country's citizens. They believed that this ratification process would demonstrate that the new constitution was established by the will of the people rather than by a few political elites in state legislatures. Ratification by seven small states might not provide a majority of people, so they added the requirement that nine states, rather than a simple majority of seven, would be needed for ratification.
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, the Constitution became the official framework of the U.S. government when New Hampshire became the ninth of 13 states to ratify it. The Constitution was not ratified by all states until May 29, 1790, when Rhode Island finally approved the document.
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Federalist Papers
The Federalist Papers were a series of 85 essays written by Alexander Hamilton, James Madison, and John Jay to promote the ratification of the U.S. Constitution and explain how the proposed new government would function. The essays were published in newspapers nationwide and played a crucial role in the ratification process.
The Federalist Papers addressed many of the concerns that had been raised by opponents of the Constitution, known as Anti-Federalists. These concerns included the lack of protection for individual liberties and the absence of a bill of rights. The Anti-Federalists also argued that the ratification process suggested by the Philadelphia Convention violated the amendment procedure provided by the Articles of Confederation.
In his essays, Hamilton, along with Madison and Jay, defended the idea of a stronger central government, including a Congress with the power to tax. They argued that the new government would better protect the rights and liberties of citizens and that the Constitution could be amended after it was ratified. They also emphasized the importance of obtaining majorities of both states and people, which led to the requirement that nine out of the thirteen states needed to ratify the Constitution.
The Federalist Papers were an effective tool in persuading the states to ratify the Constitution. The first state to do so 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, and it became the official framework of the government of the United States. The remaining states, including Rhode Island, which initially opposed the Constitution, eventually ratified it, though the process took several years.
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State conventions
The delegates at the Constitutional Convention in Philadelphia recognized the need for both a majority of states and a majority of citizens to ratify the Constitution. Initially, seven states would have constituted a majority. However, to ensure a true majority of citizens, the requirement was increased to nine states. This decision was based on the fact that nine states were necessary in the Confederation Congress to make important decisions such as declaring war or admitting new states.
The state conventions were composed of delegates elected by their communities to represent their interests. These delegates were not being asked to give up their power but rather to place limits on the power of state legislators. This approach aligned with the republican ideals of the new nation, where power was held by the people through their elected representatives. The state conventions provided a forum for debate and consideration of the ratification of the Constitution, allowing for democratic participation and direct input from the people.
The process of ratification through state conventions was not without opposition. Some states, like Rhode Island, initially refused to call ratifying conventions and preferred popular referendums. There were also concerns about the lack of protection for individual liberties in the Constitution, leading to calls for a bill of rights. Despite these challenges, the state conventions played a vital role in the ratification process, with the Constitution eventually being ratified by the required number of states, solidifying its place as the official framework of the United States government.
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Amendments
The Amendments to the US Constitution are changes made to the document to ensure it remains relevant and responsive to the country's evolving needs. Amendments can be proposed by both houses of Congress with a two-thirds majority vote, or by a constitutional convention called upon by two-thirds of state legislatures. Proposed amendments must then be ratified by state legislatures or conventions in three-fourths of the states. This rigorous process ensures broad support for any changes to the Constitution.
The process of amending the Constitution begins in Congress, with a new amendment requiring a two-thirds majority in both the House of Representatives and the Senate. After gaining congressional approval, the amendment is sent to the states for ratification. This phase underscores the need for bipartisan backing.
The two methods for ratifying amendments are legislative approval or state convention. Legislative approval requires ratification by three-fourths of state legislatures and is the most common method, emphasising the role of state governments in national decision-making. The less common state convention method involves conventions in three-fourths of the states and is used when a more direct form of democratic participation is warranted. Both methods require consensus among the states and ensure that amendments are thoughtfully and deliberately considered by a substantial majority.
The state convention method of ratification was used for the 21st Amendment, which repealed Prohibition. This option allows states to reflect the will of their constituents directly. The Supreme Court ensures that the state ratification process is constitutional, and the requirement for ratification by three-fourths of the states guarantees widespread agreement on any alterations to the Constitution.
The inclusion of a Bill of Rights was a significant amendment to the Constitution. The lack of a Bill of Rights in the original document was a source of dissatisfaction for many, as it did not guarantee protection of individual liberties, such as freedom of speech, religion, and the press. The Massachusetts Compromise of February 1788 stipulated that amendments would be proposed to address these concerns. Madison introduced 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.
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Frequently asked questions
The procedure for ratifying the Constitution was for it to be sent to the states for approval by specially-elected conventions.
The delegates to the Constitutional Convention in Philadelphia, Federalists, Antifederalists, and George Washington were all involved in the ratification process.
The delegates to the Constitutional Convention in Philadelphia drafted the Constitution and voted to approve it on September 17, 1787.
George Washington was the president of the Constitutional Convention. He facilitated the ratification of the Constitution throughout various states and urged people who had doubts about it to support it.
Nine of the thirteen states needed to ratify the Constitution for it to become law and form a new government.
