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Article Seven of the United States Constitution sets the number of state ratifications necessary in order for the Constitution to take effect and prescribes the method through which the states may ratify it.
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The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.
Background
On September 20, 1787, three days after its adoption by the Constitutional Convention, the drafted Constitution was submitted to the Congress of the Confederation for its endorsement. After eight days of debate, the opposing sides came to the first of many compromises that would define the ratification process. The Confederation Congress voted to release the proposed Constitution to the states for their consideration, but neither endorsed nor opposed its ratification.
Implementation
In 1787 and 1788, following the Constitutional Convention, a great debate took place throughout the United States over the Constitution that had been proposed. The supporters of the Constitution began the ratification campaign in those states where there was little or no controversy, postponing until later the more difficult ones.
New Hampshire became the ninth state to ratify the proposed constitution on June 21, 1788, thus establishing it as the new framework of governance for the United States. Though officially enacted, four states, Virginia, New York, North Carolina and Rhode Island remained outside the new government. The Congress of the Confederation chose March 4, 1789 as the day "for commencing proceedings under the Constitution." Virginia and New York ratified the Constitution before the members of the new Congress assembled on the appointed day to bring the new Government into operation. North Carolina and Rhode Island ratified only after Congress sent a series of constitutional amendments to the states (specific guarantees of personal freedoms and rights; clear limitations on the government's power in judicial and other proceedings; and explicit declarations that all powers not specifically delegated to Congress by the Constitution are reserved for the states or the people) for ratification.
The Constitution was ratified by the states in the following order: