Omar Bennett
The U.S. Constitution was signed by 38 out of 41 delegates on September 17, 1787, but it was agreed that the document would not be binding until it was ratified by nine of the 13 existing states. The first state to ratify the Constitution was Delaware on December 7, 1787, followed by Pennsylvania, New Jersey, Georgia, and Connecticut. The Constitution was ratified by the required number of states on December 15, 1791, and the new government was set to begin on March 4, 1789.
| Characteristics | Values |
|---|---|
| Proposal for an amendment | Two-thirds majority vote in both the House of Representatives and the Senate or by a national convention requested by two-thirds of the state legislatures |
| Ratification | Ratification by three-fourths of the States (38 of 50 States) |
| Signing | 39 delegates endorsed the constitution |
| Custody | Department of State |
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What You'll Learn
Ratification by nine of the 13 existing states
The United States Constitution was signed on September 17, 1787, by 39 delegates who endorsed the constitution during the convention. The convention was held in the East Room on the first floor of the Pennsylvania State House, also known as Independence Hall. The Constitution would only go into effect once it was ratified by nine of the 13 existing states.
The Articles of Confederation and Perpetual Union was the first constitution of the United States, drafted by a committee appointed by the Second Continental Congress in June 1777 and adopted by the full Congress in November 1777. However, it took more than three years for it to be ratified by all 13 colonies, and it was finally completed on March 1, 1781. The Articles gave limited power to the central government, and the Confederation Congress lacked enforcement powers. This led to the realisation that a stronger, more centralised government was required for future stability.
The Constitutional Convention of 1787 was convened to address these issues and create a new form of government. The convention was led by General George Washington and included delegates such as Alexander Hamilton, James Madison, John Jay, and James Wilson. The delegates took an oath of secrecy and met behind closed doors. The outcome was the proposal of a new constitution, which required ratification by nine of the 13 states to become binding.
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, making it the official framework of the US government. The remaining four states could then join the union by ratifying the Constitution. The process of ratification was long and challenging, and it was not until May 29, 1790, that all states had ratified the Constitution, with Rhode Island being the last to approve the document.
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Proposal by two-thirds of both houses of Congress
The United States Constitution was signed on September 17, 1787, by 39 delegates, endorsing the constitution created during the convention. The signing of the document included a brief declaration stating that the delegates' work had been successfully completed and that they subscribed to the final document. The Constitution was proposed and created by a convention of delegates, which was initially intended to amend the Articles of Confederation. However, the outcome was the proposal and creation of a completely new form of government.
The Articles of Confederation and Perpetual Union was the first constitution of the United States, drafted by a committee appointed by the Second Continental Congress in mid-June 1777 and adopted by the full Congress in mid-November of the same year. Ratification by the 13 colonies took over three years and was completed on March 1, 1781. The Articles gave limited power to the central government, and while the Confederation Congress had some decision-making abilities, it lacked enforcement powers.
The proposal for an amendment to the Constitution must be adopted by two-thirds of both houses of Congress. This is also known as a joint resolution and does not require the signature or approval of the President. Once the proposal has passed, Congress must decide whether the proposed amendment is to be ratified by state legislatures or state ratifying conventions. The proposed amendment and the chosen method of ratification are sent to the Office of the Federal Register, which then submits it to the states.
A proposed amendment becomes an operative part of the Constitution when it is ratified by three-quarters of the states (38 out of 50 states). The Office of the Federal Register then drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the nation's framework of government. This certification is published in the Federal Register and United States Statutes at Large and serves as official notice to Congress and the nation that the ratification process has been successfully completed.
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A national convention requested by two-thirds of state legislatures
The United States Constitution was signed on September 17, 1787, by 39 delegates, concluding the Constitutional Convention. The Constitutional Convention was called for by nationalists, led by prominent figures such as James Madison, George Washington, Alexander Hamilton, and John Jay. They aimed to strengthen the federal government, which was initially governed by the Articles of Confederation, by calling for a convention.
The convention was held in Philadelphia, and representatives from all 13 states were invited to participate. The delegates took an oath and met behind closed doors to ensure secrecy. The initial purpose of the convention was to amend the Articles of Confederation, but the outcome was the proposal and creation of a new form of government.
Under Article V of the Constitution, a proposal for an amendment must be adopted by either two-thirds of both houses of Congress or by a national convention requested by two-thirds of the state legislatures. This process is overseen by the Archivist of the United States, who heads the National Archives and Records Administration (NARA).
The convention method of proposing amendments has never been used, and the convention method of ratification has only been used once, for the Twenty-first Amendment. The proposal, along with the method of ratification, is sent to the Office of the Federal Register, which then submits it to the states. Once an amendment is ratified by three-fourths of the states (38 out of 50), it becomes an operative part of the Constitution.
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Ratification by three-quarters of the states
The procedure for amending the Constitution is outlined in Article V of the Constitution, which grants Congress the authority to propose amendments. An amendment can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or through a constitutional convention called for by two-thirds of the state legislatures. Once an amendment is proposed, Congress determines the method of ratification, whether it will be by state legislatures or state ratifying conventions.
The role of the OFR is to process and publish the proposed amendment, providing information packages to the states. When a state ratifies an amendment, it submits an original or certified copy of the state action to the Archivist. The OFR examines these ratification documents for legal sufficiency and authenticity of signatures. If the documents are in order, the OFR acknowledges receipt and maintains custody.
Once the OFR verifies the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist. The Archivist then certifies that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and serves as official notice to Congress and the nation that the amendment process is complete.
The process of ratification by three-quarters of the states ensures that any changes to the United States Constitution reflect the consensus of a significant majority of states, safeguarding against unilateral changes and promoting broad support for constitutional amendments.
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Certification by the Archivist
The Archivist of the United States is responsible for administering the ratification process. The Archivist's duties include submitting amendments proposed by Congress to the states for ratification, collecting state ratifications, and certifying amendments as part of the Constitution once three-fourths of the states (38 out of 50) ratify them.
The Office of the Federal Register (OFR) assists the Archivist in this process. 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 that the amendment is valid and has become part of the Constitution.
The Archivist's certification is then published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the nation that the ratification process has been successfully completed. This certification is a ceremonial function that may be attended by dignitaries, including the President.
To date, the Archivist of the United States Don W. Wilson is the only Archivist to have certified a constitutional amendment. On May 18, 1992, Wilson certified the 27th Amendment, which limits Congress's ability to change its pay until the next term. This amendment was first proposed in 1789, over 200 years before its ratification, making Wilson's actions somewhat controversial. However, Wilson asserted that it was the votes by three-fourths of the states, not his signature, that added the amendment to the Constitution.
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Frequently asked questions
The first step was for the delegates to meet in a convention and draft the Constitution. The Constitutional Convention assembled in Philadelphia in May 1787, and the delegates decided to create a new form of government.
The second step was to ratify the Constitution. The founders set the terms for ratification, bypassing the state legislatures and calling for special ratifying conventions in each state. Ratification by 9 of the 13 states was required to enact the new government, and this was achieved.
Congress set dates for the first federal elections and the official implementation of the Constitution. Elections were held from December 15, 1788, to January 10, 1789, and the new government was set to begin on March 4, 1789. George Washington was elected President.
