Malcolm Rivera
The ratification power is described in Article II, Section 2 of the United States Constitution, which outlines the process of treaty ratification. The Constitution faced opposition from those who believed it gave too much power to the national government, and it was not ratified by all states until May 29, 1790, when Rhode Island approved the document. The Constitution also does not specify the structure and composition of the Supreme Court, including the number of justices. The ratification of the Constitution was a significant event in the history of the United States, and it continues to be the official framework of the country's government.
| Characteristics | Values |
|---|---|
| Date of Ratification | June 21, 1788 |
| Location | United States of America |
| Who Ratified | Nine of 13 states |
| Who Led the Call for Ratification | New York's Alexander Hamilton |
| Who Signed | 38 of 41 delegates |
| Who Approved | New Hampshire |
| Who Opposed | Virginia's Patrick Henry |
| Who Assisted in Lobbying Efforts | John Jay |
| Number of Essays | 85 |
| First State to Ratify | Delaware |
| Date of First State Ratification | December 7, 1787 |
| Other Early States to Ratify | Pennsylvania, New Jersey, Georgia, Connecticut |
| Date of Final State Ratification | May 29, 1790 |
| Final State to Ratify | Rhode Island |
Explore related products
What You'll Learn
The role of the Senate
The United States Constitution, in Article II, Section 2, describes the role of the Senate in ratifying treaties. The Constitution states that the president "shall have Powers, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur." This clause, often referred to as the "Treaty Clause," outlines the Senate's role in providing advice and consent to the president in the treaty-making process.
The Senate, as described in the Constitution, has a significant role in the ratification of treaties. While the authority to negotiate and conclude treaties rests with the president, the Senate plays a crucial advisory and consenting role. The Senate's "advice and consent" function is not limited to treaty-making but also extends to appointments, as mentioned in Article II, Section 2, and judicial nominations, as outlined in Article II, Section 2, and Article I, Section 3.
In the treaty-making process, the Senate's role has evolved over time. While early interpretations suggested a more active role for the Senate in advising the president during negotiations, this interpretation has changed. The Senate's role is now generally understood to be providing consent to treaties after they have been negotiated by the president. The Senate may also put reservations on treaties, modifying or excluding certain legal effects, and the president then has the choice to ratify or reject the treaty.
The Senate's composition and representation are outlined in the Constitution. According to Article I, the Senate, along with the House of Representatives, constitutes the legislative branch of the United States government. Each state is represented by two senators, chosen by the state legislature, who serve six-year terms. The Senate's legislative powers include the power to lay and collect taxes, regulate commerce, establish uniform rules of naturalization, and make laws necessary for the nation.
Additionally, the Senate has specific powers and responsibilities beyond treaty-making and legislation. These include the power to confirm presidential appointments to federal offices and the Supreme Court, as well as the sole power to try impeachments, including those of the president. The Senate also has procedural rules, such as determining the rules of its proceedings and punishing its members for disorderly behaviour.
The US Constitution: Everlasting and Unparalleled
You may want to see also
Ratification by states
The United States Constitution outlines the ratification power in Article II, Section 2, which states that the president shall have the power to make treaties with the "Advice and Consent of the Senate", provided that two-thirds of the Senators present concur. Treaties are binding agreements between nations and carry the weight of international law. While the Senate does not directly ratify treaties, it plays a crucial role by approving or rejecting a resolution of ratification. If the resolution is approved, the ratification process is finalised through the formal exchange of instruments between the US and the foreign power(s) involved.
The process of "Ratification by states" was a significant aspect of establishing the Constitution as the official framework of the US government. After the Constitutional Convention in Philadelphia, which concluded on September 17, 1787, the document had to be ratified by the states. This process was outlined in Article VII of the Constitution, which required ratification by nine out of the thirteen states for the document to become law and a new government to be formed.
The journey to achieving the necessary ratifications was not without challenges. Some states opposed the Constitution, arguing that it did not adequately protect certain rights, such as freedom of speech, religion, and the press. To address these concerns, the Massachusetts Compromise of February 1788 was reached, which stipulated that amendments, later known as the Bill of Rights, would be proposed to safeguard these freedoms. This compromise played a pivotal role in securing the ratification of the Constitution by Massachusetts, Maryland, South Carolina, and, crucially, New Hampshire, which became the ninth state to ratify on June 21, 1788.
The process of "Ratification by states" also highlighted the ongoing debate between the Federalists and Anti-Federalists regarding the balance of power between the state and federal governments. The Federalists, including Alexander Hamilton, James Madison, and John Jay, advocated for a stronger national government, assuring citizens that the federal system would prevent any single branch from becoming too powerful. On the other hand, Anti-Federalists like Patrick Henry of Virginia, expressed concerns about the expansion of federal powers at the expense of the states, particularly in areas such as taxation and the establishment of a federal judiciary.
It is worth noting that achieving full ratification by all states took time. While New Hampshire's ratification in 1788 marked a significant milestone, it was not until May 29, 1790, that Rhode Island approved the document, completing the ratification process by all states. This period also witnessed the ratification of the Bill of Rights, which became an integral part of the Constitution by the end of 1791.
Framers' Vision: Democracy and the Constitution
You may want to see also
The Articles of Confederation
The Articles outlined a Congress with representation not based on population – each state held one vote. Ratification by all 13 states was necessary for the Confederation to come into effect. Virginia was the first state to ratify, on December 16, 1777, and by February 1779, 12 states had followed suit. However, disputes over representation, voting, and western land claims delayed ratification by Maryland, the final state needed to bring the Congress of the Confederation into being, until March 1, 1781.
The Articles could only be altered with the approval of Congress and the ratification of all state legislatures. In 1787, the Constitutional Convention assembled in Philadelphia to revise the Articles, ultimately resulting in the creation of a new Constitution that remains in effect today.
Origin of Money Bills: The House Initiation
You may want to see also
Explore related products
![The history of political parties in the state of New-York, from the ratification of the federal Constitution to December, 1840 ... / By Jabez D. Hammond, LL. D. Volume v.1 1850 [Leather Bound]](https://m.media-amazon.com/images/I/416JPiaex-L._AC_UY218_.jpg)
The Federalist Papers
Hamilton, Jay, and Madison analyzed the Constitution in detail and outlined the built-in checks and balances meant to divide power between the three branches of government and preserve the rights of the people. They addressed fears that the Constitution would give the central government too much power and limit individual freedom. Hamilton, in particular, feared that a Bill of Rights, once written down explicitly, would later be interpreted as a list of the only rights that people had.
The Constitution and Popular Sovereignty: A Reflection
You may want to see also
The Bill of Rights
The United States Constitution provides that the president has the power to make treaties with the approval of the Senate, as outlined in Article II, Section 2. Treaties are binding agreements between nations that are part of international law and federal legislation. While the Senate does not ratify treaties, it plays a crucial role in their approval or rejection.
Now, the Bill of Rights comprises the first ten amendments to the United States Constitution. These amendments were proposed following a contentious debate over the ratification of the Constitution, during which Anti-Federalists, who favoured power remaining with state and local governments, pushed for a bill of rights to protect individual liberty. James Madison, initially an opponent of the idea of a bill of rights, became its author. He addressed concerns by including the 9th Amendment, clarifying that the absence of a right from the list did not imply its non-existence.
The Tenth Amendment further reinforces the division of power between the federal government and the states, stating that any powers not delegated to the United States by the Constitution are reserved for the states or the people. This amendment underscores the federal system's critical role in the American constitutional order. The Bill of Rights has been subject to ongoing interpretation and application, with the Fourteenth Amendment opening the door for its incorporation into state and local governments.
Understanding Treason and Its Constitutional Punishment
You may want to see also
Frequently asked questions
Article VII, the final article of the Constitution, outlines the ratification process.
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.
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 US government when New Hampshire became the ninth state to ratify it. The Constitution was not ratified by all states until May 29, 1790, when Rhode Island approved the document.
