Article VII: Ratification, and how the Constitution took effect

Article VII says how the Constitution itself would become law: ratification by special conventions in nine of the thirteen states. It's the shortest article and finished its work in 1788–89, but it shows something important about the Constitution's authority.

The 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.

The Word, "the," being interlined between the seventh and eighth Lines of the first Page, The Word "Thirty" being partly written on an Erazure in the fifteenth Line of the first Page, The Words "is tried" being interlined between the thirty second and thirty third Lines of the first Page and the Word "the" being interlined between the forty third and forty fourth Lines of the second Page.

Attest William Jackson Secretary

Source: National Archives transcription Verified1

What it says

• Nine of thirteen. Ratification by conventions of nine states was "sufficient for the Establishment of this Constitution between the States so ratifying the Same." A state that didn't ratify wasn't bound.
• The note about corrections. The second paragraph lists words that were inserted between lines or written over erasures on the parchment, so no one could later claim the document was altered.
• The attestation. Signed in Convention on September 17, 1787, attested by the Convention's secretary, William Jackson, followed by the signatures of the delegates Verified1.

History

The Articles of Confederation required every state to agree to any change. The framers went around that rule: they wrote a new constitution and sent it to state conventions elected for that purpose. Using conventions instead of state legislatures meant the Constitution came from the people of each state, the point made in the Preamble and later in McCulloch v. Maryland Verified2.

The count reached nine in the summer of 1788: "In June 1788, New Hampshire became the ninth state to ratify the Constitution, giving it effect in the ratifying states" Verified3. Our reading: Article VII's limit to the states "so ratifying" mattered here. A state that hadn't ratified wasn't part of the new arrangement until it did.

When did it take effect?

The ninth ratification was reached in 1788. The Supreme Court later explained the timing: Congress under the old Articles set the first Wednesday in March 1789 as the start, and "its operation did not commence before the first Wednesday in March 1789" (Owings v. Speed, 1820, as quoted in the Constitution Annotated) Verified4.

The same case explains why the old and new governments couldn't overlap: "Both Governments could not be understood to exist at the same time. The New Government did not commence until the old Government expired" Verified4.

How it reaches Williams

It doesn't today; its job is done. California joined the Union decades after ratification and was bound by the Constitution as a new state under Article IV.

In Williams

Article VII is history, but its main idea is alive in California. The U.S. Constitution took effect only after the people of the states approved it in conventions. California goes further for its own constitution: every change goes straight to the voters.

"A proposed amendment or revision shall be submitted to the electors and, if approved by a majority of votes cast thereon, takes effect on the fifth day after the Secretary of State files the statement of the vote for the election at which the measure is voted on" (Cal. Const., Art. XVIII, §4) Verified5.

Our reading: when a state constitutional amendment is on your ballot in Williams, you're doing in a small way what the ratifying conventions did in 1787–88: deciding whether a change becomes part of the constitution. Changes to the U.S. Constitution work differently. Voters don't vote on them directly; see Article V. For California's process, see Article XVIII.

Common misconceptions

• "All thirteen states had to agree." Nine was enough.
• "State legislatures ratified the Constitution." Special conventions did.
• "It took effect when it was signed in 1787." It was signed on September 17, 1787, but the Supreme Court said its operation "did not commence before the first Wednesday in March 1789" Verified4.

Check yourself

Pick an answer for each question. You will see right away if it is right, and why.