Article VII: Ratification of the Constitution

Constitutional text excerpts, statutory breakdowns, and comprehensive legal analysis.

Article

Executive Constitutional Summary

Article VII establishes the constitutional procedure by which the new Constitution would be ratified and brought into effect. It provided that ratification by conventions in nine of the thirteen original states would be sufficient to establish the Constitution between the states ratifying it. Unlike the ordinary legislative approval process under the Articles of Confederation, Article VII called for specially chosen state conventions to decide whether to ratify the Constitution. The provision was therefore the final step in moving from the Articles of Confederation to the new constitutional government.

Constitutional Text Excerpt

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

This page displays official constitutional text excerpts and annotations. Consult the official Constitution sources below for the archival records.

Simplified Explanation & Constitutional Framework

Article VII is the Constitution’s ratification provision. It contains no sections or multiple procedural stages like Article V; instead, it establishes a single historical rule for bringing the new Constitution into force. The Framers specified that conventions in nine states would be sufficient for establishment of the Constitution "between the States so ratifying the Same." This was significant because the Articles of Confederation had required approval by all thirteen states for alterations to the Confederation. The Constitution instead used specially convened state ratifying conventions and set a threshold of nine states. New Hampshire became the ninth state to ratify on June 21, 1788. After that ninth ratification, preparations for the new federal government proceeded, although Virginia, New York, North Carolina, and Rhode Island had not yet ratified. Virginia ratified on June 25 and New York on July 26, 1788. North Carolina ratified in November 1789, and Rhode Island became the final original state to ratify on May 29, 1790. Thus, the Constitution was established under Article VII before all thirteen original states had formally ratified it.

Core Constitutional Principles

Nine-State Ratification Rule

Article VII provided that conventions in nine of the thirteen original states were sufficient to establish the Constitution between the states that ratified it.

Special State Conventions

The Constitution was submitted for ratification to specially chosen state conventions rather than to ordinary state legislatures. The delegates to those conventions were selected by the people under the process established in each state.

Establishment Among Ratifying States

Article VII expressly stated that the Constitution would be established "between the States so ratifying the Same." This language recognized that the new constitutional system would initially operate among the states that had ratified it rather than requiring all thirteen to ratify first.

Departure from the Articles of Confederation

The Articles of Confederation contemplated unanimous state approval for amendments to the Confederation. Article VII instead established a nine-state threshold for the Constitution’s ratification.

Popular Ratifying Conventions

The ratification mechanism reflected the Framers’ decision to submit the proposed Constitution to conventions chosen by the people rather than rely on the existing Confederation Congress or state legislatures alone.

Historical Transition

Article VII provided the legal mechanism for transitioning from the Confederation system to the Constitution, after which the new federal government could be organized and inaugurated.

Article VII Ratification Architecture

Total Original States

13

13 Colonies/States

Required Ratification Threshold

9 States

69% Supermajority

The Nine-State Departure:

Nine of thirteen original states were required, which was less than the unanimous approval that would have been required to amend the Articles of Confederation.

Conventions Method:

Ratification had to occur through conventions in the individual states. Article VII did not provide for a national popular vote or require approval by the ordinary state legislatures.

Constitutional Legal Effect:

Once nine states had ratified, the Constitution became established between the states that had ratified it under Article VII.

Historical Significance:

The provision allowed the new constitutional government to move forward even though several original states initially opposed or delayed ratification.

Special State Ratifying Conventions

Each state considered the proposed Constitution in a specially convened convention whose delegates were chosen for the purpose of deciding whether the state would ratify the Constitution.

Not Ordinary Legislatures:

Article VII specifically referred to "Conventions," making the ratifying bodies distinct from ordinary state legislatures.

Popular Selection of Delegates:

The Constitutional Convention’s September 17, 1787 resolution recommended submission to conventions of delegates chosen in each state by the people under the recommendation of the state legislature.

Debate & Deliberation:

The state conventions produced extensive debates over federal power, representation, taxation, individual rights, the proposed national government, and the absence of an initial federal Bill of Rights.

Federalists & Antifederalists:

Supporters of ratification became known as Federalists, while opponents were generally called Antifederalists. The ratification debates helped shape the political environment in which the first ten amendments were later proposed.

Chronological 13-State Ratification Sequence

Order	State	Ratification Date	Convention Vote	Historical Significance & Context
#1	Delaware	December 7, 1787	30–0	Delaware was the first state to ratify the Constitution.
#2	Pennsylvania	December 12, 1787	46–23	Pennsylvania became the second state to ratify.
#3	New Jersey	December 18, 1787	38–0	New Jersey was the third state to ratify.
#4	Georgia	January 2, 1788	26–0	Georgia was the fourth state to ratify.
#5	Connecticut	January 9, 1788	128–40	Connecticut was the fifth state to ratify.
#6	Massachusetts	February 6, 1788	187–168	Massachusetts ratified after a closely contested convention debate and vote.
#7	Maryland	April 28, 1788	63–11	Maryland became the seventh state to ratify.
#8	South Carolina	May 23, 1788	149–73	South Carolina became the eighth state to ratify.
#9	New Hampshire 9th State (Trigger)	June 21, 1788	57–47	New Hampshire became the ninth state and thereby reached the Article VII threshold necessary to establish the Constitution between the ratifying states.
#10	Virginia	June 25, 1788	89–79	Virginia ratified four days after New Hampshire.
#11	New York	July 26, 1788	30–27	New York ratified by a narrow margin.
#12	North Carolina	November 21, 1789	Voice / Delayed	North Carolina ratified after the new federal government had begun operating.
#13	Rhode Island	May 29, 1790	Voice / Delayed	Rhode Island was the final original state to ratify the Constitution.

Threshold AchievedJune 21, 1788

The 9th State Milestone (New Hampshire)

New Hampshire became the ninth state to ratify, satisfying the Article VII threshold for establishment of the Constitution among the states that had ratified it.

Important Distinction: The ninth-state milestone did not mean every original state had ratified. Virginia, New York, North Carolina, and Rhode Island had not yet ratified at that point.

Government Transition: After the ninth ratification, the transition to the new constitutional government proceeded. The Confederation Congress eventually established the timetable for the first federal elections and the opening of the new government.

Full Union CompletedMay 29, 1790

All 13 Original States Ratified

Although Article VII required only nine states for establishment of the Constitution among the states ratifying it, all thirteen original states eventually ratified. Rhode Island completed the process on May 29, 1790.

Final State: Rhode Island (May 29, 1790)

Significance: The later ratifications demonstrated that the Constitution ultimately became accepted by every state that had belonged to the original thirteen-state Union, although the constitutional government had already begun operating before the final ratifications.

Relationship to the Articles of Confederation

Articles of Confederation Rule (Unanimity):

The Articles of Confederation required the assent of Congress and confirmation by every state legislature for amendments to the Confederation.

Article VII Departure (Nine-State Rule):

Article VII deliberately used a different ratification rule: conventions in nine states were sufficient to establish the new Constitution between the states that ratified it.

Constitutional Significance & Precedent:

This difference reflected the Framers’ decision that the new Constitution would derive its authority through a new ratification process rather than requiring unanimous amendment of the Articles of Confederation.

The Constitution vs. The Articles of Confederation

Constitutional Feature	Articles of Confederation	The U.S. Constitution (Article VII)
Ratifying Body	The Articles of Confederation had been adopted and later amended through the Confederation system and state legislatures.	Article VII used specially chosen state ratifying conventions.
Approval Threshold	Amending the Articles required unanimous state approval.	Nine of the thirteen states were sufficient under Article VII.
Source of New Government	The Confederation operated under a union of states with a relatively weak central authority.	The Constitution created a stronger federal government with separate legislative, executive, and judicial branches.
Effect of Ratification	The Confederation remained the governing framework until the Constitution took effect.	Article VII provided the mechanism for establishing the new Constitution among the ratifying states.

Foundational Historical Context & Milestones

Constitutional Convention

September 17, 1787

The Constitutional Convention completed and signed the Constitution in Philadelphia and provided for its submission to state conventions for ratification.

Ratification Debates

The proposed Constitution generated major political debates. Federalists supported ratification, while Antifederalists raised concerns about federal power, individual liberties, and the proposed structure of the national government.

Bill of Rights

Several ratifying conventions recommended amendments, including protections later reflected in the Bill of Rights. Congress proposed the first ten amendments in 1789, and they were ratified in 1791.

Start of the Constitutional Government

The first Congress met under the Constitution in 1789, and George Washington was inaugurated as the first President on April 30, 1789. North Carolina and Rhode Island had not yet ratified when the new government began operating.

Enduring Constitutional Significance of Article VII

Constitutional Legitimacy

Article VII supplied the formal ratification mechanism that gave the proposed Constitution legal force among the states that ratified it.

Popular Participation

By using specially chosen state conventions, the Constitution was submitted for approval through a process specifically designed to obtain the assent of representatives chosen for that purpose.

Federalism in Formation

The language concerning establishment "between the States so ratifying" reflected the practical reality that the constitutional Union would begin with states that had accepted the new framework.

Constitutional Continuity

Article VII marks the constitutional transition from the Articles of Confederation to the federal system created by the Constitution.

Essential Constitutional Terminology

Constitutional Term	Legal Definition & Application
Ratification	Formal approval of the Constitution by a state under the procedure established in Article VII.
Ratifying Convention	A specially chosen state convention convened to consider and decide whether to ratify the proposed Constitution.
Nine-State Requirement	The Article VII rule providing that ratification by nine of the thirteen original states was sufficient to establish the Constitution among the states ratifying it.
Federalists	Supporters of ratification who favored adoption of the Constitution and a stronger national government.
Antifederalists	Opponents or critics of ratification who raised concerns about centralized federal power and protections for individual liberty.
Articles of Confederation	The earlier governing framework of the United States that preceded the Constitution.
Establishment Between Ratifying States	The Article VII principle that nine ratifications were sufficient to establish the Constitution among the states that had ratified it.

Why Article VII Matters Today

Article VII is the constitutional bridge between the founding document drafted in Philadelphia and the federal government that followed. Although only one sentence long, it solved a fundamental constitutional problem: how a new national framework could replace the Articles of Confederation without requiring unanimous approval by all thirteen states. By requiring ratification through specially chosen state conventions and setting the threshold at nine states, Article VII established a workable path to constitutional government. New Hampshire’s ninth ratification on June 21, 1788, triggered the constitutional establishment contemplated by Article VII, while the later ratifications of North Carolina and Rhode Island completed acceptance by all thirteen original states. The article therefore has both legal and historical significance as the provision that brought the Constitution into effect.

Common Constitutional Misconceptions

❌ Misconception: "All thirteen original states had to ratify the Constitution before it could take effect."

Constitutional Reality: Article VII expressly required only nine states. New Hampshire’s ratification on June 21, 1788, supplied the ninth ratification.

❌ Misconception: "The Constitution was ratified by the existing state legislatures."

Constitutional Reality: Article VII specified conventions in the states. The National Archives confirms that ratification occurred through special state conventions rather than direct votes by ordinary state legislatures.

❌ Misconception: "Article VII required a nationwide popular vote."

Constitutional Reality: There was no national popular referendum. Ratification occurred through state conventions.

❌ Misconception: "The Constitution became operative only after Rhode Island ratified it in 1790."

Constitutional Reality: The Constitution became established under Article VII after the ninth state, New Hampshire, ratified on June 21, 1788. Rhode Island’s ratification in 1790 completed ratification by all thirteen original states but was not required for the Constitution to begin operating.

❌ Misconception: "Article VII is the same as the modern amendment process in Article V."

Constitutional Reality: Article VII governed the original ratification of the Constitution in 1787–1790. Article V governs amendments to the Constitution after it was established.

❌ Misconception: "Article VII specified when the President and Congress would take office."

Constitutional Reality: Article VII established the ratification threshold. The practical timetable for the first federal government was developed through the Convention’s recommendations and actions of the Confederation Congress.

Frequently Asked Constitutional Questions

Article VII establishes the original ratification rule for the Constitution. It provided that ratification by conventions in nine of the thirteen original states would be sufficient to establish the Constitution between the states that ratified it.

The Framers chose a nine-state threshold rather than requiring unanimous approval. This differed significantly from the Articles of Confederation, which required unanimous state approval to amend the Confederation. The nine-state rule allowed the new constitutional government to be established even if some states initially declined to ratify.

Special state ratifying conventions decided whether to approve the Constitution. The National Archives confirms that ratification was not conducted through direct nationwide voting and was not simply an act of the ordinary state legislatures.

New Hampshire became the ninth state to ratify on June 21, 1788, with a convention vote of 57 to 47. That ratification satisfied Article VII’s nine-state requirement for establishing the Constitution among the states that had ratified it.

Yes. Although only nine were required under Article VII, all thirteen eventually ratified. North Carolina ratified in November 1789, and Rhode Island was the final original state to ratify on May 29, 1790.

Article VII governed the original adoption and ratification of the Constitution. Article V governs changes to the Constitution after its adoption and establishes the modern amendment process, including proposal and ratification requirements. Article VII is therefore historical and foundational, while Article V remains the operative amendment mechanism.

Official Legal & Government Sources

• National Archives (The Constitution of the United States: A Transcription): https://www.archives.gov/founding-docs/constitution-transcript

Official transcription of Article VII and the complete Constitution as signed on September 17, 1787.

• National Archives (Constitution Questions and Answers): https://www.archives.gov/founding-docs/constitution-q-and-a

Official National Archives resource confirming that ratification occurred through special state conventions, that nine states were sufficient, and listing the order of state ratification.

• National Archives (Observing Constitution Day — Ratification): https://www.archives.gov/education/lessons/constitution-day/ratification.html

Official historical record of the state ratification sequence and convention votes, including New Hampshire as the ninth state.

• National Archives (Constitution of the United States — A History): https://www.archives.gov/founding-docs/more-perfect-union

Official National Archives history of the ratification campaign and debates in states including Massachusetts, Virginia, and New York.

• U.S. Senate (The Constitution): https://www.senate.gov/artandhistory/senate-stories/constitution.htm

Official Senate historical account of Article VII, New Hampshire’s ninth ratification on June 21, 1788, and the transition from the Confederation to the constitutional government.

• Congress.gov — Constitution Annotated (Article VII — Ratification): https://constitution.congress.gov/constitution/article-7/

Authoritative congressional constitutional resource for the text and historical meaning of Article VII.

• U.S. Senate (Creation of the Senate — Article VII): https://www.senate.gov/artandhistory/history/resources/pdf/SchulzCreationSenate.pdf

Official Senate historical publication reproducing Article VII and the Constitutional Convention’s September 17, 1787 ratification resolution.

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Constitutional Authority

The U.S. Constitution has 27 ratified amendments. The first 10 amendments constitute the Bill of Rights. Article V provides multiple proposal and ratification pathways: Congress may propose an amendment by the required two-thirds vote of both Houses, or Congress must call a proposing convention upon applications from two-thirds of the state legislatures. Ratification requires three-fourths of the states through the mode selected by Congress.

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Legal Disclaimer

Constitutional jurisprudence is dynamic and subject to ongoing Supreme Court interpretations. For specific civil rights claims or legal defense, consult with a licensed constitutional lawyer.