Malcolm Rivera
The process of amending the US Constitution is outlined in Article V of the Constitution. It states that amendments can be proposed by 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. Once an amendment is proposed, it must be ratified by three-quarters of the states (38 out of 50) to become part of the Constitution. The process of ratification involves states formally submitting the amendment to their state legislatures or calling for a convention. The first constitutional amendments were submitted to the states for ratification in 1789, and by 1791, the states had ratified 10 of those amendments, known as the Bill of Rights. The US Constitution was not ratified by all states until May 29, 1790, when Rhode Island approved the document.
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What You'll Learn
The first state to ratify was Delaware on December 7, 1787
The US Constitution was signed on September 17, 1787, by 38 out of 41 delegates present. The first state to ratify the Constitution was Delaware on December 7, 1787. This was followed by Pennsylvania, New Jersey, Georgia, and Connecticut. The ratification process was not without opposition, as some states believed that the Constitution did not provide adequate protection for rights such as freedom of speech, religion, and the press.
To address these concerns, the Massachusetts Compromise was reached in February 1788, which led to the proposal of amendments, known as the Bill of Rights. Despite the opposition, the Constitution gained the necessary support for ratification when New Hampshire became the ninth state to ratify it on June 21, 1788. After this, Congress scheduled the first federal elections and set the official implementation of the Constitution for March 4, 1789.
The process of ratifying the Constitution and the subsequent amendments demonstrates the complex and evolving nature of governance in the newly formed nation. The ratification by Delaware and other states was a crucial step in establishing the framework for the United States as we know it today.
It's worth noting that the Constitution-making process in 1787 was not the first of its kind. Prior to this, there had been other conventions, some called by Congress and others by the states themselves. The 1787 Convention, however, stands out as it resulted in the creation of a new form of government rather than amendments to the existing Articles of Confederation.
The ratification of the Constitution by Delaware and other states was a significant milestone in the establishment of a stronger, more centralized government for the United States of America.
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The Bill of Rights was ratified on December 15, 1791
The Bill of Rights, comprising ten amendments, was ratified on December 15, 1791. This was a significant milestone in the evolution of the US Constitution and the establishment of individual rights and freedoms.
The process of amending the Constitution is outlined in Article V of the Constitution. Congress can propose amendments, which require a two-thirds majority vote in both the House of Representatives and the Senate. The amendments are then sent to the states for ratification, where three-fourths of the states (currently 38) must approve for them to become part of the Constitution.
The Bill of Rights came about as a response to concerns that the original Constitution lacked specific guarantees of individual rights. During the ratification process of the Constitution, some states voiced opposition on these grounds. The Massachusetts Compromise, reached in February 1788, addressed these concerns by stipulating that amendments would be proposed to protect rights such as freedom of speech, religion, and the press.
James Madison, a Virginia representative, played a pivotal role in introducing the amendments. Despite some members' protests against altering the new Constitution, Madison's pledge to add specific rights into the document led to the proposal of 17 amendments, of which 12 were agreed upon by Congress on September 25, 1789.
The 12 amendments were then submitted to the states for ratification. By 1791, 10 of these had been ratified by the required number of states, becoming the Bill of Rights. These amendments continue to profoundly affect the nation, shaping the relationship between the individual and the government.
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The Archivist of the U.S. administers the ratification process
The Archivist of the United States is responsible for administering the ratification process. The Archivist heads the National Archives and Records Administration (NARA) and is appointed by the President with the advice and consent of the Senate. The current Archivist of the United States is Dr. Colleen Shogan, who was nominated by President Joe Biden and confirmed by the Senate in May 2023.
Once Congress proposes an amendment, the Archivist submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor along with informational material prepared by NARA's Office of the Federal Register (OFR). The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. The Governors then formally submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified.
When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is immediately conveyed to the Director of the Federal Register. The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in good order, the Director acknowledges receipt and maintains custody of them.
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. 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 their certification of the facial legal sufficiency of ratification documents is final and conclusive.
In addition to their role in the constitutional amendment process, the Archivist of the United States also has duties concerning the custody of important documents, such as Electoral College documents and original statutes of the United States. The Archivist is responsible for safeguarding and making available for study all the permanently valuable records of the federal government, including the original Declaration of Independence, Constitution, and Bill of Rights.
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Amendments are proposed by Congress or a convention of states
The United States Constitution was signed on September 17, 1787, by 38 out of 41 delegates. The first state to ratify the Constitution was Delaware on December 7, 1787, followed by Pennsylvania, New Jersey, Georgia, and Connecticut. The ninth and final state needed to ratify the Constitution was New Hampshire on June 21, 1788.
Amendments to the Constitution may be proposed by Congress or a convention of states. The authority to amend the Constitution is derived from Article V of the Constitution. Congress proposes an amendment in the form of a joint resolution with a two-thirds majority vote in both the House of Representatives and the Senate. This joint resolution does not require the signature or approval of the President.
Alternatively, a convention to propose amendments can be called for by two-thirds of the state legislatures (34 out of 50). This method has never been used, and there is debate over whether such a convention would be limited to discussing a single issue. The Congress then specifies whether the state legislatures or the governor formally submits the amendment.
Once an amendment is proposed, either by Congress or a convention of states, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. The Archivist of the United States administers the ratification process, and the Director of the Federal Register examines ratification documents for authenticity and legal sufficiency. When the required number of ratification documents is verified, a formal proclamation is drafted for the Archivist to certify that the amendment is valid. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment process is complete.
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The ratification process has evolved since the First Congress
The Constitution required ratification by nine of the thirteen original states to become effective. The first state to ratify was Delaware on December 7, 1787, followed by Pennsylvania, New Jersey, Georgia, and Connecticut. The process in Pennsylvania was marked by corruption, as the state assembly considered a special convention before Congress forwarded the Constitution to the states. Antifederalists attempted to block this move.
The ratification process in Massachusetts was also significant, as John Hancock shifted his opposition to lead the move toward ratification. This compromise was adopted by every subsequent state convention except Maryland. On June 21, 1788, New Hampshire became the ninth state to ratify the Constitution, making it the official framework of the US government.
However, the Constitution continued to evolve after ratification. Madison introduced 17 amendments, of which Congress adopted twelve on September 25, 1789, to send to the states for ratification. Ten of these amendments, the Bill of Rights, were ratified on December 15, 1791. The Constitution was not ratified by all states until May 29, 1790, when Rhode Island approved it.
Today, the authority to amend the Constitution is derived from Article V, which allows amendments to be proposed by a two-thirds vote in both houses of Congress or by a national convention called by two-thirds of state legislatures. A proposed amendment becomes part of the Constitution when ratified by three-quarters of the states (38 out of 50). The Archivist of the United States administers the ratification process, following procedures established by the Secretary of State and the Administrator of General Services. The process includes the examination of ratification documents and a formal proclamation certifying the amendment's validity.
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Frequently asked questions
Delaware was the first state to ratify the Constitution on December 7, 1787.
New Hampshire became the ninth and final state needed to ratify the Constitution on June 21, 1788.
The Constitution can be amended through a joint resolution by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. The other method, which has never been used, involves a constitutional convention called for by two-thirds of the state legislatures.
The proposed amendment is sent to the states for ratification. An amendment becomes part of the Constitution when it has been ratified by three-fourths (38 out of 50) of the states.
Article V of the Constitution does not mention any time limit for ratification. However, Congress has attached a time limit to the ratification of proposed amendments beginning with the 20th Amendment.
