The Constitution: Ratification Requirements And Approval Conditions

The US Constitution was drafted by delegates to the Constitutional Convention in Philadelphia, who voted to approve the document on 17 September 1787. However, before it could become the law of the land, it had to be ratified by the states. Article VII of the Constitution required that the document be ratified by nine of the thirteen states. Copies of the Constitution were sent to each of the states, which were to hold ratifying conventions to either accept or reject it. The delegates felt it necessary to obtain majorities of both states and people. The Federalists argued in favour of ratification, promising to add a bill of rights to the Constitution. Finally, in June 1788, New Hampshire became the ninth state to approve the Constitution, making it the law of the land.

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Ratification by nine of the thirteen states

Article VII, the final article of the Constitution, required that before the Constitution could become law and a new government could form, the document had to be ratified by nine of the thirteen states. Eleven days after the delegates at the Philadelphia convention approved it, copies of the Constitution were sent to each of the states, which were to hold ratifying conventions to either accept or reject it. This approach to ratification was an unusual one. Since the authority inherent in the Articles of Confederation and the Confederation Congress had rested on the consent of the states, changes to the nation’s government should also have been ratified by the state legislatures.

The greatest sticking point when it came to ratification was the relative power of the state and federal governments. The framers of the Constitution believed that without the ability to maintain and command an army and navy, impose taxes, and force the states to comply with laws passed by Congress, the young nation would not survive for very long. But many people resisted increasing the powers of the national government at the expense of the states.

The convention delegates, who were chosen by popular vote, approved the Constitution, meaning the new government could rightly claim that it ruled with the consent of the people. The convention also decided to substitute state conventions instead of state legislatures as the bodies to consider ratification. A proposal to allow each of the states their own discretion in deciding its method of ratification was rejected.

Approval by convention delegates

The approval of convention delegates was crucial for the ratification of the Constitution. Convention delegates were chosen by popular vote, and their approval signified that the new government ruled with the consent of the people. This was essential, as the greatest challenge in ratification was the balance of power between state and federal governments. The framers of the Constitution believed that the federal government needed the power to maintain and command an army and navy, impose taxes, and enforce compliance with laws passed by Congress for the nation to survive. However, many resisted increasing the power of the federal government at the expense of the states.

To address this challenge, the framers of the Constitution opted for an unusual approach to ratification. Instead of seeking approval from state legislatures, they called upon state legislatures to hold ratification conventions. This strategy avoided asking legislators to approve a document that would reduce their power. The delegates at the Philadelphia convention approved the Constitution, and copies were sent to each state for ratification.

The delegates decided that nine states were required to ratify the Constitution, which was consistent with the Confederation Congress's practice for significant matters. This decision was made by a vote of eight states to three. The convention also substituted state conventions for state legislatures as the bodies responsible for considering ratification. A proposal to allow each state to decide its method of ratification was rejected.

The approval of convention delegates was a critical step in the ratification process, ensuring that the new government had the support and consent of the people. By addressing the power dynamics between state and federal governments and employing a strategic ratification approach, the framers of the Constitution laid the foundation for the nation's governance.

Relative power of state and federal governments

The relative power of state and federal governments was a key issue in the ratification of the US Constitution. The framers of the Constitution believed that the federal government needed to be able to maintain and command an army and navy, impose taxes, and force the states to comply with laws passed by Congress. Without these powers, they argued, the young nation would not survive for long. However, many people resisted increasing the powers of the national government at the expense of the states.

The Constitution required ratification by nine of the thirteen states. This was an unusual approach, as changes to the nation's government should have been ratified by the state legislatures. 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 some of their power.

The delegates to the ratification conventions were chosen by popular vote. If these delegates approved the Constitution, then the new government could claim that it ruled with the consent of the people.

The ratification process was not without its challenges. A proposal to allow each state to decide its own method of ratification was rejected. Instead, the Convention decided to substitute state conventions for state legislatures as the bodies to consider ratification. This decision ensured that the Constitution would be implemented among the ratifying states, as 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.

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The role of state legislatures

The framers of the Constitution were aware that asking the state legislatures to ratify a document that would reduce their power could be problematic. By calling for state conventions, they avoided this potential obstacle. However, this approach was not without its critics, as some believed that increasing the powers of the national government at the expense of the states was unacceptable.

The relative power of the state and federal governments was a significant sticking point during the ratification process. The framers of the Constitution argued that without the ability to maintain an army and navy, impose taxes, and enforce compliance with laws passed by Congress, the young nation would struggle to survive. They believed that ratification by nine states was necessary to implement important matters, such as borrowing money, declaring war, ratifying treaties, and admitting new states into the Union.

The use of state conventions

Ratification of the US Constitution was an unusual process. Article VII, the final article of the Constitution, required that before the Constitution could become law and a new government could form, the document had to be ratified by nine of the thirteen states. Copies of the Constitution were sent to each of the states, which were to hold ratifying conventions to either accept or reject it.

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 convention delegates decided by a vote of eight states to three 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.

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