ABSTRACT

This whole ratification process was a departure from the provisions of the then fundamental law of the land—the Articles of Confederation—which provided that all alterations and amendments made by Congress and receive the approval of the legislature of every state. On July 23 the resolution regarding ratification came before the Convention again for discussion, when it was moved that the Constitution be referred to the state legislatures. One of the principal objections urged against this plan was the possibility of a later legislature's repealing the ratification by a preceding body of the same authority. A study of the opinions of the members of the Convention shows that several leading reasons led to the agreement on ratification by state conventions. Whatever was thought of the merits of the controversy over the proposed plan of ratification, it was accepted by the state legislatures which were invited by Congress to transmit the Constitution to special conventions.