Getty New Hampshire ratifies U.S. Constitution, June 21, 1788

On this day in 1788, New Hampshire became the ninth and last necessary state of the original 13 colonies to ratify the U.S. Constitution. At that pivotal point, the Constitution became the organic law of the land.

The newly adopted Constitution created a stronger federal government under a system of checks and balances. It placed the duties of Congress (Article I) ahead of those of the presidency (Article II).


George Washington had presided over the Constitutional Convention. Work on the document, aimed at supplanting the Articles of Confederation, had ended at Independence Hall in Philadelphia on Sept. 17, 1787. It was signed by 38 of the 41 delegates present at the convention’s conclusion. The convention then submitted the text to the Congress of the Confederation, where it was approved under Article 13 of the Articles of Confederation.

Despite the efforts of Benjamin Franklin, who urged unanimity, the convention decided that only nine states were required to ratify it — as called for under Article VII of the then pending draft.

New Hampshire’s lawmakers divided 57-47 over ratification. Once the Congress of the Confederation received word of the vote, it set a timetable for the start of operations under the new Constitution. On March 4, 1789, the revised federal structure went into force.

Four smaller states—Delaware, New Jersey, Georgia and Connecticut—had quickly assembled their respective state conventions and ratified the document.

Pennsylvania was the first big win for the Federalists, yet it was not a sure bet: Anti-Federalists held enough sway in the state assembly to prevent a vote for calling a ratifying convention. Finally, the Anti-Federalists were literally dragged to the Statehouse and a vote was cast on Dec. 12, 1787, as they pounded on the doors to escape.

The Anti-Federalists soon began trying to stem the tide in the remaining state conventions, concentrating on New York, Massachusetts and Virginia, states where they retained wide support.

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In Massachusetts, such Patriots as John Hancock and Sam Adams led the Anti-Federalist opposition. They railed against a strong central government and assailed their colleagues for allegedly exceeding their authority to scrap the old governmental system. But with the promise of a Bill of Rights to restrain federal power, the Federalists won the day and ratified the Constitution on Feb. 6, 1788.

On June 25, four days after New Hampshire had acted, the Commonwealth of Virginia (No. 10) voted 89-79 for ratification. New York (No. 11) voted 30-27 the day after. The remaining two of the original 13 — North Carolina (194-77) and Rhode Island (34-32) waited until Nov. 21, 1789, and May 29, 1790, respectively, to ratify.

Rhode Islanders opposed federal control of currency and were critical of the compromise over slavery. A majority resisted ratifying until the federal government threatened to sever commercial relations with the state.

SOURCE: “ARE WE TO BE A NATION? THE MAKING OF THE CONSTITUTION,” BY RICHARD B. BERNSTEIN (1987)

