Ratification, Article VII

Here’s an analysis of Article VII of the United States Constitution, which deals with the ratification of the Constitution:

Article VII:

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

• Commentary: Nine States Requirement: This clause sets the threshold for the Constitution’s adoption at nine states, reflecting a compromise between those who wanted a unanimous consent (as required under the Articles of Confederation) and those who feared that unanimity would prevent the Constitution’s adoption. This number was chosen because it ensured a majority of the then 13 states, providing enough legitimacy to form a new government while acknowledging the practical difficulties of achieving full consensus. Conventions for Ratification: The decision to use specially elected conventions for ratification, rather than state legislatures or the Continental Congress, was strategic. It allowed for a direct expression of public will, bypassing potentially resistant state governments or the Confederation’s central authority, aiming to secure more democratic legitimacy for the new constitutional framework.

Done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independence of the United States of America the Twelfth In witness whereof We have hereunto subscribed our Names.

• Commentary: Completion and Signing: This concluding statement notes the completion of the Constitution, specifying the date (September 17, 1787) and the year of American independence (the 12th year since 1776). The phrase “unanimous consent of the States present” does not imply that every delegate agreed but that the states represented at the convention agreed to the document as presented. Signatures: The mention of subscribing names signifies the formal act of signing the document, which was done by 39 delegates (out of about 55 who attended the convention at various times). The signatures lent personal and official weight to the document, symbolizing the commitment of the attendees to the new Constitution.

Commentary on the Article as a Whole:

• Article VII is essentially the Constitution’s “birth certificate,” detailing how it would transition from a draft to the governing document of the United States. The choice of ratification by conventions was a novel approach, reflecting the framers’ intent to base the new government on popular sovereignty while navigating the complex political landscape of the time.
• The requirement for only nine states to ratify was a pragmatic decision that facilitated the Constitution’s adoption, leading to a situation where the new federal government could begin operations even if not all states agreed, though eventually, all would join.
• This article marks the end of the document but also the beginning of a new chapter in American governance, emphasizing the importance of consent and the establishment of a government based on a written constitution, rather than one by tradition or decree.
• The signing of the Constitution was a pivotal moment, not just legally but symbolically, as it represented a collective commitment to a new form of government, one that would grow and evolve through amendments and interpretations over the centuries.