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Article VII — Ratification

Complete TICRI Constitutional Breakdown of Article VII: How the Constitution became the supreme law through ratification by nine states

🇺🇸 ARTICLE VII — FULL TEXT + COMPLETE TICRI BREAKDOWN

Ratification of the Constitution

1. Exact Text (Verbatim)

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

2. Plain English

Once nine states approved the Constitution through state conventions, it would go into effect for those states. States that did not ratify would not be part of the new government until they chose to ratify.

3. Government Powers Created

Strictly speaking, Article VII is not about “government powers”; it is about transitioning from the Articles of Confederation to the Constitution.

It creates:

✔ A Legal Pathway for Ratification

  • The Constitution becomes valid when 9 out of 13 states ratify.

✔ State Ratifying Conventions

  • Ratification was done by the people through specially elected delegates, not by state legislatures.
  • This method legitimized the Constitution as an act of popular sovereignty.

✔ A New Legal Order

  • Once ratified by 9 states, the old government under the Articles of Confederation ended for those states.

✔ Optional Entry for Remaining States

  • States could ratify later and join the Union voluntarily, preserving state sovereignty during transition.

4. Government Restrictions / Limits

Article VII:

  • Does not allow Congress to ratify the Constitution.
  • Does not require unanimous consent (the Articles required unanimity).
  • Does not bind states that do not ratify (at least not initially).
  • Does not allow amendments without Article V once ratified.

5. What It Does NOT Say

  • Does NOT give Congress authority to approve or reject the Constitution.
  • Does NOT require state legislatures to ratify (they were intentionally bypassed).
  • Does NOT require a national referendum.
  • Does NOT define how to amend the Constitution — Article V does that.
  • Does NOT create any continuing government powers.
  • Does NOT specify how new states after the original 13 would ratify (handled under Article IV and admission laws).

6. Historical Context (Essential for TICRI)

✔ The Articles of Confederation required all 13 states to amend.

  • The Framers intentionally rejected this rule.

✔ The Constitution was ratified by conventions of the people.

  • This transformed the United States from a confederation into a federal republic.

✔ Ratification Timeline:

  • Delaware — 1st
  • Pennsylvania — 2nd
  • New Jersey — 3rd
  • Georgia — 4th
  • Connecticut — 5th
  • Massachusetts — 6th
  • Maryland — 7th
  • South Carolina — 8th
  • New Hampshire — 9th (the required state)

✔ After the 9th state ratified:

The Constitution became operational, even though:

  • New York
  • Virginia
  • North Carolina
  • Rhode Island

had NOT yet ratified.

They eventually did.

7. Supreme Court Interpretations

Article VII is historical and transitional; courts rarely cite it, but it underpins doctrine such as:

Texas v. White (1869) – States cannot un-ratify or secede.

McCulloch v. Maryland (1819) – The Constitution derives its authority from the people, not from the states acting as governments.

8. Amendments Affecting Article VII

None.

Article VII remains exactly as written and now functions as a historical closing clause.

🇺🇸 TICRI SUMMARY — ARTICLE VII

Article VII explains how the United States Constitution became valid:

  • Ratification required 9 of 13 states
  • Ratification was done by the people, not state governments
  • Once ratified by 9 states, the Constitution became binding for them
  • Remaining states could join voluntarily
  • This completed the transformation from a loose confederation to a federal constitutional republic

It is the Constitutional “final page,” marking the legal birth of the United States government as it exists today.


Further Reading

  • Article I — Legislative Branch
  • Article V — Amendment Process
  • Article VI — Federal Supremacy
  • Constitutional Timeline
  • Federalism and State Powers
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