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Article VII

Ratification

Article VII established the process for the Constitution to become the supreme law of the land, requiring ratification by nine states through special conventions elected by the people. This final article transformed a proposed document into the foundation of American government.

Overview

Article VII is the Constitution's "birth certificate" — it set the rules for how the Constitution would become law. By requiring only nine of thirteen states to ratify (instead of unanimous consent required under the Articles of Confederation) and using special state conventions (instead of state legislatures), the Framers created a path for constitutional change and grounded the new government inpopular sovereignty.

This article uses the TICRI Constitutional Breakdown methodology to provide:

  • 📜 Exact Constitutional Text
  • 💭 Plain English Translation
  • ⚡ Government Powers Created
  • 🚫 Government Restrictions
  • ❌ What It Does NOT Say
  • ⚖️ Supreme Court Interpretations

Article VII — Full Text

📜 Exact Text

"The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same."

💭 Plain English

When nine states ratify this Constitution through special state conventions, it becomes the law of the land for those nine states. The Constitution takes effect among the states that approve it, even if other states reject it.

Why This Was Revolutionary

Article VII was legally and politically radical. It bypassed the requirement in the Articles of Confederation for unanimous state consent to amendments, and it used popular conventions instead of state legislatures. This grounded the Constitution in "We the People" rather than state governments, establishing popular sovereignty as the foundation of American government.

⚡ Revolutionary Features of Article VII

9️⃣Only Nine States Required

  • Departed from Articles of Confederation — Articles required unanimous consent of all 13 states for amendments
  • Made Change Possible — Unanimous consent was impossible to achieve (Rhode Island refused to even send delegates)
  • Supermajority, Not Unanimity — 9 of 13 states = 69% supermajority
  • Practical Politics — Framers knew unanimous ratification would never happen
  • Created path forward despite inevitable opposition

🗳️Ratification by State Conventions

  • Popular Sovereignty — People elect delegates to conventions specifically to vote on Constitution
  • Bypassed State Legislatures — State governments might reject Constitution to protect their own power
  • Direct Democratic Legitimacy — Constitution derives authority from "We the People," not state governments
  • Special Purpose Elections — Convention delegates elected solely to decide on Constitution
  • Established that Constitution came from the people, not the states

📍"Between the States so ratifying"

  • Partial Implementation — Constitution takes effect only among ratifying states
  • No Force on Non-Ratifying States — States that reject Constitution remain under Articles of Confederation
  • Pressure to Join — Creates incentive for holdout states to ratify (economic/political isolation)
  • Flexible Timeline — Doesn't require all states to ratify simultaneously
  • Allowed Constitution to begin even if some states initially refused

🏛️ Why the Framers Made These Choices

Why 9 States (Not 13)?

The Framers chose 9 states for several reasons:

  • Practical Necessity — Unanimous consent under Articles was impossible (Rhode Island didn't even attend)
  • Supermajority Legitimacy — 9 of 13 = nearly 70%, showing broad support
  • Enough for Viability — 9 states included largest/most important states needed for success
  • Compromise — Not simple majority (too easy), not unanimity (impossible)

Why Conventions (Not State Legislatures)?

Using state conventions instead of legislatures was crucial:

  • Avoid Self-Interest — State legislatures would lose power under Constitution; might reject to protect themselves
  • Popular Sovereignty — Grounded Constitution in "We the People," not state governments
  • Democratic Legitimacy — People directly chose whether to adopt Constitution
  • Legal Clarity — Made Constitution supreme over state governments (people > state legislatures)
  • Bypassed Articles — Articles required state legislature approval; conventions were new mechanism

Why "Between States Ratifying"?

Allowing partial implementation was strategically smart:

  • Creates Momentum — Early ratifications pressure holdouts to join
  • Avoids Veto Power — Single state cannot block entire Constitution
  • Economic Pressure — Non-ratifying states face isolation from new union
  • Flexibility — Allows Constitution to begin while debate continues elsewhere

📅 The Ratification Process: 1787-1790

Timeline of Ratification

1. Delaware — December 7, 1787

First state to ratify (unanimous 30-0)

2. Pennsylvania — December 12, 1787

46-23 (controversial, some delegates forced to attend)

3. New Jersey — December 18, 1787

Unanimous

4. Georgia — January 2, 1788

Unanimous (needed federal protection from Native American conflicts)

5. Connecticut — January 9, 1788

128-40

6. Massachusetts — February 6, 1788

187-168 (very close, recommended Bill of Rights)

7. Maryland — April 28, 1788

63-11

8. South Carolina — May 23, 1788

149-73

9. New Hampshire — June 21, 1788 ⭐

57-47 (NINTH STATE — Constitution takes effect!)

10. Virginia — June 25, 1788

89-79 (crucial large state, very close)

11. New York — July 26, 1788

30-27 (extremely close, recommended many amendments)

12. North Carolina — November 21, 1789

Initially rejected, ratified after Bill of Rights proposed

13. Rhode Island — May 29, 1790

34-32 (last state, extremely reluctant, threatened with trade sanctions)

Key Moments
  • June 21, 1788: New Hampshire becomes 9th state — Constitution legally in effect
  • March 4, 1789: New government begins operations under Constitution
  • April 30, 1789: George Washington inaugurated as first President
  • September 25, 1789: Congress proposes Bill of Rights (to satisfy holdouts)
  • December 15, 1791: Bill of Rights ratified

💬 The Ratification Debates: Federalists vs. Anti-Federalists

✅ Federalists (Pro-Constitution)

Supported ratification. Leaders: Madison, Hamilton, Jay, Washington

Arguments FOR Constitution:
  • Articles of Confederation too weak to govern
  • Need strong national government for defense and commerce
  • Separation of powers prevents tyranny
  • Large republic better than small republics (Federalist 10)
  • Union necessary for survival
  • Enumerated powers limit federal authority
Key Documents:
  • The Federalist Papers — 85 essays by Hamilton, Madison, Jay
  • Federalist 10 (factions), 51 (checks and balances), 78 (judicial review)

❌ Anti-Federalists (Anti-Constitution)

Opposed ratification. Leaders: Patrick Henry, George Mason, Brutus

Arguments AGAINST Constitution:
  • Federal government too powerful, threatens liberty
  • No Bill of Rights protecting individual freedoms
  • President too much like a king
  • States will lose sovereignty
  • Large republic cannot preserve freedom (too distant from people)
  • Necessary and Proper Clause too broad
  • Supremacy Clause destroys state authority
Key Demands:
  • Bill of Rights — Explicit protections for individual liberty
  • Amendments to limit federal power
The Compromise: Conditional Ratification

Several states (Massachusetts, Virginia, New York) ratified with recommendations for amendments, particularly a Bill of Rights. Federalists promised to add a Bill of Rights in the first Congress. This compromise secured ratification while addressing Anti-Federalist concerns, leading to the first 10 amendments (Bill of Rights) in 1791.

❌ What Article VII Does NOT Say

  • Does NOT require all 13 states — Only 9 needed
  • Does NOT use state legislatures — Uses special state conventions
  • Does NOT specify how convention delegates are chosen — Left to states
  • Does NOT set a deadline for ratification — States could take their time
  • Does NOT allow states to ratify conditionally — Must accept Constitution as written (can recommend amendments but not require them)
  • Does NOT specify what happens to non-ratifying states — Implied they remain under Articles of Confederation
  • Does NOT allow for partial ratification — States must accept entire Constitution, not pick and choose
  • Does NOT require congressional approval — Bypassed Congress entirely

⚖️ The Legal Controversy: Was Article VII Illegal?

The Problem

Article VII violated the Articles of Confederation in two ways:

  • Unanimity Requirement: Articles of Confederation required unanimous consent of all 13 states for amendments
  • Legislature Approval: Articles required state legislatures to approve, not conventions

By these standards, the Constitution was technically "illegal" under existing law.

The Framers' Response

  • Popular Sovereignty Trumps Legal Formalism — Constitution derives from "We the People," not state governments or Articles of Confederation
  • Revolutionary Right — People have right to alter or abolish government (Declaration of Independence)
  • Articles Were Failing — Existing system couldn't be reformed through its own procedures
  • Higher Authority — Direct popular ratification > state legislature approval
  • Practical Necessity — Unanimous consent was impossible; nation needed workable government
Historical Verdict

While Article VII technically violated the Articles of Confederation, the Framers justified it throughpopular sovereignty — the people's inherent right to choose their form of government. The use of state conventions gave the Constitution democratic legitimacy superior to the Articles. History vindicated this approach: the Constitution worked, and no state seriously challenged its legal validity once ratified.

⚖️ Supreme Court Cases on Ratification

  • United States v. Sprague (1282) — Article V's ratification procedures are exclusive; no other method allowed
  • Hollingsworth v. Virginia (1798) — President has no role in amendment process (extends Article VII principle)
  • Hawke v. Smith (1920) — States must use method specified by Congress; cannot add referendum requirement

Courts have generally avoided questioning the validity of Article VII's ratification process, treating it as a successfully completed political act. The Constitution's ratification is accepted as legitimate based on popular sovereignty and successful operation for over 230 years.

🏛️ Article VII's Lasting Legacy

Popular Sovereignty Established

By requiring ratification through popular conventions, Article VII established that the Constitution derives from "We the People," not state governments. This foundational principle remains central to American constitutional theory.

Practical over Formal Legality

Article VII demonstrated that when formal legal procedures fail (unanimous consent impossible), popular sovereignty justifies constitutional change. This principle influenced later constitutional developments and revolutions worldwide.

Compromise and Persuasion

The ratification debates showcased democratic deliberation at its best. The Federalist Papers remain the most sophisticated defense of constitutional government ever written. The compromise to add a Bill of Rights showed flexibility and responsiveness to popular concerns.

Created a Nation

Article VII transformed 13 separate states under a failing confederation into a unified nation under a working constitution. The successful ratification demonstrated that radical change through peaceful, democratic means was possible — a model for the world.

Article VII Summary

Article VII established the rules for the Constitution's birth — requiring nine states to ratify through special popular conventions. This revolutionary process bypassed the impossible unanimity requirement of the Articles of Confederation and grounded the Constitution in popular sovereignty rather than state governments.

The ratification debates between Federalists and Anti-Federalists produced the Federalist Papers and led to the crucial compromise: ratification in exchange for a Bill of Rights. New Hampshire's ratification on June 21, 1788 made the Constitution law, though all 13 states eventually joined.

While technically "illegal" under the Articles of Confederation, Article VII's success vindicated the principle that popular sovereignty trumps formal legality — the people's right to choose their government is supreme. This principle, combined with the democratic legitimacy of state conventions, transformed an extraordinary proposal into the enduring foundation of American government.