United States Congress
The United States Congress is the bicameral legislature of the Federal Government of the United States. The legislature consists of two chambers: the House of the Senate; the Congress meets in the United States Capitol in Washington, D. C.. Both senators and representatives are chosen through direct election, though vacancies in the Senate may be filled by a gubernatorial appointment. Congress has 535 voting members: 100 senators; the House of Representatives has six non-voting members representing Puerto Rico, American Samoa, the Northern Mariana Islands, the U. S. Virgin Islands, the District of Columbia in addition to its 435 voting members. Although they cannot vote in the full house, these members can address the house and vote in congressional committees, introduce legislation; the members of the House of Representatives serve two-year terms representing the people of a single constituency, known as a "district". Congressional districts are apportioned to states by population using the United States Census results, provided that each state has at least one congressional representative.
Each state, regardless of population or size, has two senators. There are 100 senators representing the 50 states; each senator is elected at-large in their state for a six-year term, with terms staggered, so every two years one-third of the Senate is up for election. To be eligible for election, a candidate must be aged at least 25 or 30, have been a citizen of the United States for seven or nine years, be an inhabitant of the state which they represent; the Congress was created by the Constitution of the United States and first met in 1789, replacing in its legislative function the Congress of the Confederation. Although not mandated, in practice since the 19th century, Congress members are affiliated with the Republican Party or with the Democratic Party and only with a third party or independents. Article One of the United States Constitution states, "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives."
The House and Senate are equal partners in the legislative process—legislation cannot be enacted without the consent of both chambers. However, the Constitution grants each chamber some unique powers; the Senate ratifies treaties and approves presidential appointments while the House initiates revenue-raising bills. The House initiates impeachment cases. A two-thirds vote of the Senate is required before an impeached person can be forcibly removed from office; the term Congress can refer to a particular meeting of the legislature. A Congress covers two years; the Congress ends on the third day of January of every odd-numbered year. Members of the Senate are referred to as senators. Scholar and representative Lee H. Hamilton asserted that the "historic mission of Congress has been to maintain freedom" and insisted it was a "driving force in American government" and a "remarkably resilient institution". Congress is the "heart and soul of our democracy", according to this view though legislators achieve the prestige or name recognition of presidents or Supreme Court justices.
One analyst argues that it is not a reactive institution but has played an active role in shaping government policy and is extraordinarily sensitive to public pressure. Several academics described Congress: Congress reflects us in all our strengths and all our weaknesses, it reflects our regional idiosyncrasies, our ethnic and racial diversity, our multitude of professions, our shadings of opinion on everything from the value of war to the war over values. Congress is the government's most representative body... Congress is charged with reconciling our many points of view on the great public policy issues of the day. Congress is changing and is in flux. In recent times, the American south and west have gained House seats according to demographic changes recorded by the census and includes more minorities and women although both groups are still underrepresented. While power balances among the different parts of government continue to change, the internal structure of Congress is important to understand along with its interactions with so-called intermediary institutions such as political parties, civic associations, interest groups, the mass media.
The Congress of the United States serves two distinct purposes that overlap: local representation to the federal government of a congressional district by representatives and a state's at-large representation to the federal government by senators. Most incumbents seek re-election, their historical likelihood of winning subsequent elections exceeds 90 percent; the historical records of the House of Representatives and the Senate are maintained by the Center for Legislative Archives, a part of the National Archives and Records Administration. Congress is directly responsible for the governing of the District of Columbia, the current seat of the federal government; the First Continental Congress was a gathering of representatives from twelve of the thirteen British Colonies in North America. On July 4, 1776, the Second Continental Congress adopted the Declaration of Independence, referring to the new nation as the "United States of America"; the Articles of Confederation in 1781 created the Congress of the Confederation, a
Article Seven of the United States Constitution
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. Under the terms of Article VII, constitutional ratification conventions were held in each of the thirteen states, with the ratification of nine states required for the Constitution to take effect. Delaware was the first state to ratify the Constitution, doing so on December 7, 1787. On June 21, 1788, New Hampshire became the ninth state to ratify the Constitution, ensuring that the Constitution would take effect. Rhode Island was the last state to ratify the Constitution under Article VII, doing so on May 29, 1790; the Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same. 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; the Constitution was ratified by the 13 states between December 7, 1787 and May 29, 1790 as follows: In 1787 and 1788, following the Constitutional Convention, a great debate took place throughout the United States over the Constitution, proposed. The supporters of the Constitution began the ratification campaign in those states where there was little or no controversy, postponing until the more difficult ones. On July 21, 1788, New Hampshire became the ninth state to ratify the Constitution, thus establishing it as the new framework of governance for the United States. Though enacted, four states, 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. After twelve amendments, including the ten in the Bill of Rights, were sent to the states in June 1789, North Carolina ratified the Constitution. Rhode Island, after having rejected the Constitution in a March 1788 referendum, called a ratifying convention in 1790. Faced with the threat of being treated as a foreign government, it ratified the Constitution by the narrowest margin. Secessionists have used Article VII to argue that states have a right to secede from the Union by revoking their ratification of the Constitution. Virginia's ratification of the Constitution declared that, "the powers granted under the Constitution being derived from the People of the United States may be resumed by them whensoever the same shall be perverted to their injury or oppression." New York and Rhode Island's ratifications declared that, "That the powers of government may be reassumed by the people, whensoever it shall become necessary to their happiness."
The New York Convention contemplated going a step farther, adding language to the effect that "there should be reserved to the state of New York a right to withdraw herself from the union after a certain number of years." The Madison federalists opposed this, with Hamilton, a delegate to the convention, reading aloud in response a letter from James Madison stating: "the Constitution requires an adoption in toto, for ever". Hamilton and John Jay told the convention that in their view, reserving "a right to withdraw inconsistent with the Constitution, was no ratification"; the New York convention ratified the Constitution without including the "right to withdraw" language proposed by the anti-federalists. At the start of the Civil War, four of the original thirteen states seceded from the Union, South Carolina, Georgia and North Carolina. In their ordinances of secession they declared that their newly elected conventions were repealing the acts of the previous conventions ratifying the Constitution.
Abraham Lincoln maintained that secession was unconstitutional, these States along with the other Confederate States were defeated. Timeline of drafting and ratification of the United States Constitution The Federalist Papers Anti-Federalist Papers Gary Lawson & Guy Seidman, When Did the Constitution become Law, 77Notre Dame L. Rev.1 Steve Mount, The Federalists and Anti-Federalists, usconstitution.net
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Arguably one of the most consequential amendments to this day, the amendment addresses citizenship rights and equal protection of the laws and was proposed in response to issues related to former slaves following the American Civil War; the amendment was bitterly contested by the states of the defeated Confederacy, which were forced to ratify it in order to regain representation in Congress. The amendment its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark decisions such as Brown v. Board of Education regarding racial segregation, Roe v. Wade regarding abortion, Bush v. Gore regarding the 2000 presidential election, Obergefell v. Hodges regarding same-sex marriage; the amendment limits the actions of all state and local officials, including those acting on behalf of such an official. The amendment's first section includes several clauses: the Citizenship Clause, Privileges or Immunities Clause, Due Process Clause, Equal Protection Clause.
The Citizenship Clause provides a broad definition of citizenship, nullifying the Supreme Court's decision in Dred Scott v. Sandford, which had held that Americans descended from African slaves could not be citizens of the United States. Since the Slaughter-House Cases, the Privileges or Immunities Clause has been interpreted to do little; the Due Process Clause prohibits state and local governments from depriving persons of life, liberty, or property without a fair procedure. The Supreme Court has ruled this clause makes most of the Bill of Rights as applicable to the states as it is to the federal government, as well as to recognize substantive and procedural requirements that state laws must satisfy; the Equal Protection Clause requires each state to provide equal protection under the law to all people, including all non-citizens, within its jurisdiction. This clause has been the basis for many decisions rejecting irrational or unnecessary discrimination against people belonging to various groups.
The second and fourth sections of the amendment are litigated. However, the second section's reference to "rebellion, or other crime" has been invoked as a constitutional ground for felony disenfranchisement; the fourth section was held, in Perry v. United States, to prohibit a current Congress from abrogating a contract of debt incurred by a prior Congress; the fifth section gives Congress the power to enforce the amendment's provisions by "appropriate legislation". Section 1. All persons born or naturalized in the United States, subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States. Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed, but when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, having taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof, but Congress may, by a vote of two-thirds of each House, remove such disability. Section 4; the validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave.
Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. In the final years of the American Civil War and the Reconstruction Era that followed, Congress debated the rights of black former slaves freed by the 1863 Emancipation Proclamation and the 1865 Thirteenth Amendment, the latter of which had formally abolished slavery. Following the passage of the Thirteenth Amendment by Congress, Republicans grew concerned over the increase it would create in the congressional representation of the Democratic-dominated Southern States; because the full population of fre
War of 1812
The War of 1812 was a conflict fought between the United States, the United Kingdom, their respective allies from June 1812 to February 1815. Historians in Britain see it as a minor theater of the Napoleonic Wars. From the outbreak of war with Napoleonic France, Britain had enforced a naval blockade to choke off neutral trade to France, which the US contested as illegal under international law. To man the blockade, Britain impressed American merchant sailors into the Royal Navy. Incidents such as the Chesapeake–Leopard affair, which happened five years before the war, inflamed anti-British sentiment in the US. In 1811, the British were in turn outraged by the Little Belt affair, in which 11 British sailors died. Britain supplied Native Americans who raided American settlers on the frontier, hindering American expansion and provoking resentment. Historians debate whether the desire to annex some or all of British North America contributed to the American decision to go to war. On June 18, 1812, US President James Madison, after heavy pressure from the War Hawks in Congress, signed the American declaration of war into law.
With most of its army in Europe fighting Napoleon, Britain adopted a defensive strategy, with offensive operations limited to the border, the western frontier. American prosecution of the war effort suffered from its unpopularity in New England, where it was derogatorily referred to as "Mr. Madison's War". American defeats at the Siege of Detroit and the Battle of Queenston Heights thwarted attempts to seize Upper Canada, improving British morale. American attempts to invade Lower Canada and capture Montreal failed. In 1813, the Americans won the Battle of Lake Erie, gaining control of the lake, at the Battle of the Thames defeated Tecumseh's Confederacy, securing a primary war goal. A final American attempt to invade Canada was fought to a draw at the Battle of Lundy's Lane during the summer of 1814. At sea, the powerful Royal Navy blockaded American ports, cutting off trade and allowing the British to raid the coast at will. In 1814, one of these raids burned the capital, but the Americans repulsed British attempts to invade New York and Maryland, ending invasions of the northern and mid-Atlantic United States from Canada.
Fighting took place overseas in the Atlantic and Pacific oceans. In neighbouring Spanish Florida, a two-day battle for the city of Pensacola ended in Spanish surrender. In Britain, there was mounting opposition to wartime taxation. With the abdication of Napoleon, the war with France ended and Britain ceased impressment, rendering the issue of the impressment of American sailors moot; the British were able to increase the strength of the blockade on the United States coast, annihilating American maritime trade, but attempts to invade the U. S. ended unsuccessfully. Peace negotiations began in August 1814, the Treaty of Ghent was signed on December 24. News of the peace did not reach America for some time. Unaware of the treaty, British forces invaded Louisiana and were defeated at the Battle of New Orleans in January 1815; these late victories were viewed by Americans as having restored national honour, leading to the collapse of anti-war sentiment and the beginning of the Era of Good Feelings, a period of national unity.
News of the treaty arrived shortly thereafter. The treaty was unanimously ratified by the US Senate on February 17, 1815, ending the war with no boundary changes. Historians have long debated the relative weight of the multiple reasons underlying the origins of the War of 1812; this section summarizes several contributing factors which resulted in the declaration of war by the United States. As Risjord notes, a powerful motivation for the Americans was the desire to uphold national honour in the face of what they considered to be British insults such as the Chesapeake–Leopard affair. H. W. Brands says, "The other war hawks spoke of the struggle with Britain as a second war of independence; the approaching conflict was about violations of American rights, but it was about vindication of American identity." Americans at the time and historians since have called it the United States' "Second War of Independence". The British were offended by what they considered insults such as the Little Belt affair.
This gave the British a particular interest in capturing the United States flagship President, which they succeeded in doing in 1815. In 1807, Britain introduced a series of trade restrictions via the Orders in Council to impede neutral trade with France, which Britain was fighting in the Napoleonic Wars; the United States contested these restrictions as illegal under international law. Historian Reginald Horsman states, "a large section of influential British opinion, both in the government and in the country, thought that America presented a threat to British maritime supremacy."The American merchant marine had nearly doubled between 1802 and 1810, making it by far the largest neutral fleet. Britain was the largest trading partner, receiving 80% of U. S. cotton and 50% of other U. S. exports. The British public and press were resentful of commercial competition; the United States' view was. During the Napoleonic Wars, the Royal Navy expanded to 176 ships of the line and 600 ships overall, requiring 140,000 sailors to man.
While the Royal Navy could man its ships with volunteers in peacetime, it competed in wartime with merchant shi
Article Five of the United States Constitution
Article Five of the United States Constitution describes the process whereby the Constitution, the nation's frame of government, may be altered. Under Article V, the process to alter the Constitution consists of proposing an amendment or amendments, subsequent ratification. Amendments may be proposed either by the Congress with a two-thirds vote in both the House of Representatives and the Senate or by a convention of states called for by two-thirds of the state legislatures. To become part of the Constitution, an amendment must be ratified by either—as determined by Congress—the legislatures of three-quarters of the states or state ratifying conventions in three-quarters of the states; the vote of each state carries equal weight, regardless of a state's population or length of time in the Union. Article V is silent regarding deadlines for the ratification of proposed amendments, but most amendments proposed since 1917 have included a deadline for ratification. Legal scholars agree that the amending process of Article V can itself be amended by the procedures laid out in Article V, but there is some disagreement over whether Article V is the exclusive means of amending the Constitution.
In addition to defining the procedures for altering the Constitution, Article V shields three clauses in Article I from ordinary amendment by attaching stipulations. Regarding two of the clauses—one concerning importation of slaves and the other apportionment of direct taxes—the prohibition on amendment was absolute but of limited duration, expiring in 1808. Scholars disagree as to whether this shielded clause can itself be amended by the procedures laid out in Article V; the Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress.
Thirty-three amendments to the United States Constitution have been approved by the Congress and sent to the states for ratification. Twenty-seven of these amendments are now part of the Constitution; the first ten amendments were adopted and ratified and are known collectively as the Bill of Rights. Six amendments adopted by Congress and sent to the states have not been ratified by the required number of states and are not part of the Constitution. Four of these amendments are still technically open and pending, one is closed and has failed by its own terms, one is closed and has failed by the terms of the resolution proposing it. All totaled 11,539 measures to amend the Constitution have been proposed in Congress since 1789. Article V provides two methods for amending the nation's frame of government; the first method authorizes Congress, "whenever two-thirds of both houses shall deem it necessary", to propose Constitutional amendments. The second method requires Congress, "on the application of the legislatures of two-thirds of the several states", to "call a convention for proposing amendments".
This duality in Article V is the result of compromises made during the 1787 Constitutional Convention between two groups, one maintaining that the national legislature should have no role in the constitutional amendment process, another contending that proposals to amend the constitution should originate in the national legislature and their ratification should be decided by state legislatures or state conventions. Regarding the consensus amendment process crafted during the convention, James Madison declared: It guards against that extreme facility which would render the Constitution too mutable, it moreover enables the General and the State Governments to originate the amendment of errors, as they may be pointed out by the experience on one side, or on the other. Each time the Article V process has been initiated since 1789, the first method for crafting and proposing amendments has been used. All 33 amendments submitted to the states for ratification originated in the Congress; the second method, the convention option, a political tool which Alexander Hamilton argued would enable state legislatures to "erect barriers against the encroachments of the national authority", has yet to be invoked.
When the 1st Congress considered a series of constitutional amendments, it was suggested that the two houses first adopt a resolution indicating that they deemed amendments necessary. This procedure was not used. Instead, both the House and the Senate proceeded directly to consideration of a joint resolution, thereby implying that both bodies deemed amendments to be necessary; when proposed by James Madison, the amendments were d
United States Constitution
The United States Constitution is the supreme law of the United States. The Constitution comprising seven articles, delineates the national frame of government, its first three articles embody the doctrine of the separation of powers, whereby the federal government is divided into three branches: the legislative, consisting of the bicameral Congress. Articles Four and Six embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relationship to the federal government, the shared process of constitutional amendment. Article Seven establishes the procedure subsequently used by the thirteen States to ratify it, it is regarded as the oldest codified national constitution in force. Since the Constitution came into force in 1789, it has been amended 27 times, including an amendment to repeal a previous one, in order to meet the needs of a nation that has profoundly changed since the eighteenth century. In general, the first ten amendments, known collectively as the Bill of Rights, offer specific protections of individual liberty and justice and place restrictions on the powers of government.
The majority of the seventeen amendments expand individual civil rights protections. Others modify government processes and procedures. Amendments to the United States Constitution, unlike ones made to many constitutions worldwide, are appended to the document. All four pages of the original U. S. Constitution are written on parchment. According to the United States Senate: "The Constitution's first three words—We the People—affirm that the government of the United States exists to serve its citizens. For over two centuries the Constitution has remained in force because its framers wisely separated and balanced governmental powers to safeguard the interests of majority rule and minority rights, of liberty and equality, of the federal and state governments."The first permanent constitution of its kind, adopted by the people's representatives for an expansive nation, it is interpreted and implemented by a large body of constitutional law, has influenced the constitutions of other nations. From September 5, 1774, to March 1, 1781, the Continental Congress functioned as the provisional government of the United States.
Delegates to the First and the Second Continental Congress were chosen through the action of committees of correspondence in various colonies rather than through the colonial or state legislatures. In no formal sense was it a gathering representative of existing colonial governments; the process of selecting the delegates for the First and Second Continental Congresses underscores the revolutionary role of the people of the colonies in establishing a central governing body. Endowed by the people collectively, the Continental Congress alone possessed those attributes of external sovereignty which entitled it to be called a state in the international sense, while the separate states, exercising a limited or internal sovereignty, may rightly be considered a creation of the Continental Congress, which preceded them and brought them into being; the Articles of Confederation and Perpetual Union was the first constitution of the United States. It was drafted by the Second Continental Congress from mid-1776 through late 1777, ratification by all 13 states was completed by early 1781.
The Articles of Confederation gave little power to the central government. The Confederation Congress lacked enforcement powers. Implementation of most decisions, including modifications to the Articles, required unanimous approval of all thirteen state legislatures. Although, in a way, the Congressional powers in Article 9 made the "league of states as cohesive and strong as any similar sort of republican confederation in history", the chief problem was, in the words of George Washington, "no money"; the Continental Congress could print money but it was worthless. Congress couldn't pay it back. No state paid all their U. S. taxes. Some few paid an amount equal to interest on the national debt no more. No interest was paid on debt owed foreign governments. By 1786, the United States would default on outstanding debts. Internationally, the United States had little ability to defend its sovereignty. Most of the troops in the 625-man United States Army were deployed facing – but not threatening – British forts on American soil.
They had not been paid. Spain closed New Orleans to American commerce. S. officials protested, but to no effect. Barbary pirates began seizing American ships of commerce. If any military crisis required action, the Congress had no credit or taxing power to finance a response. Domestically, the Articles of Confederation was failing to bring unity to the diverse sentiments and interests of the various states. Although the Treaty of Paris was signed between Great Britain and the U. S. and named each of the American states, various states proceeded blithely to violate it. New York and South Carolina prosecuted Loyalists for wartime activity and redistributed their lands. Individual state legislatures independently laid embargoes, negotiated directly with foreign authorities, raised armies, and
Third Amendment to the United States Constitution
The Third Amendment to the United States Constitution places restrictions on the quartering of soldiers in private homes without the owner's consent, forbidding the practice in peacetime. The amendment is a response to Quartering Acts passed by the British parliament during the buildup to the American Revolutionary War, which had allowed the British Army to lodge soldiers in private residences; the Third Amendment was introduced in Congress in 1789 by James Madison as a part of the United States Bill of Rights, in response to Anti-Federalist objections to the new Constitution. Congress proposed the amendment to the states on September 28, 1789, by December 15, 1791, the necessary three-quarters of the states had ratified it. Secretary of State Thomas Jefferson announced the adoption of the amendment on March 1, 1792; the amendment is one of the least controversial of the Constitution and is litigated, with the American Bar Association calling it the "runt piglet" of the U. S. Constitution. To date, it has never been the primary basis of a Supreme Court decision, though it was the basis of the Court of Appeals for the Second Circuit case Engblom v. Carey.
The amendment as proposed by Congress in 1789 reads as follows: No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. In 1765, the British parliament enacted the first of the Quartering Acts, requiring the American colonies to pay the costs of British soldiers serving in the colonies, requiring that if the local barracks provided insufficient space, that the colonists lodge the troops in alehouses and livery stables. After the Boston Tea Party, the Quartering Act of 1774 was enacted. One of the Intolerable Acts that pushed the colonies toward revolution, it authorized British troops to be housed wherever necessary, including in private homes; the quartering of troops was cited as one of the colonists' grievances in the United States Declaration of Independence. After several years of comparatively weak government under the Articles of Confederation, a Constitutional Convention in Philadelphia proposed a new constitution on September 17, 1787, featuring a stronger chief executive and other changes.
George Mason, a Constitutional Convention delegate and the drafter of Virginia's Declaration of Rights, proposed that a bill of rights listing and guaranteeing civil liberties be included. Other delegates—including future Bill of Rights drafter James Madison—disagreed, arguing that existing state guarantees of civil liberties were sufficient and that any attempt to enumerate individual rights risked the implication that other, unnamed rights were unprotected. After a brief debate, Mason's proposal was defeated by a unanimous vote of the state delegations. For the constitution to be ratified, nine of the thirteen states were required to approve it in state conventions. Opposition to ratification was based on the Constitution's lack of adequate guarantees for civil liberties. Supporters of the Constitution in states where popular sentiment was against ratification proposed that their state conventions both ratify the Constitution and call for the addition of a bill of rights. Several state conventions proposed a provision against the quartering of troops in private homes.
At the 1788 Virginia Ratifying Convention, Patrick Henry stated, "One of our first complaints, under the former government, was the quartering of troops among us. This was one of the principal reasons for dissolving the connection with Great Britain. Here we may have troops in time of peace, they may be billeted in any manner — to tyrannize and crush us." In the 1st United States Congress, following the state legislatures' request, James Madison proposed twenty constitutional amendments based on state bills of rights and English sources such as the Bill of Rights 1689. Several revisions to the future Third Amendment were proposed in Congress, which chiefly differed in the way in which peace and war were distinguished, whether the executive or the legislature would have the authority to authorize quartering. However, the amendment passed Congress unchanged and by unanimous vote. Congress reduced Madison's proposed twenty amendments to twelve, these were submitted to the states for ratification on September 25, 1789.
By the time the Bill of Rights was submitted to the states for ratification, opinions had shifted in both parties. Many Federalists, who had opposed a Bill of Rights, now supported the Bill as a means of silencing the Anti-Federalists' most effective criticism. Many Anti-Federalists, in contrast, now opposed it, realizing that the Bill's adoption would lessen the chances of a second constitutional convention, which they desired. Anti-Federalists such as Richard Henry Lee argued that the Bill left the most objectionable portions of the Constitution, such as the federal judiciary and direct taxation, intact. On November 20, 1789, New Jersey ratified eleven of the twelve amendments, rejecting Article II, which regulated Congressional pay raises. On December 19 and 22 Maryland and North Carolina ratified all twelve amendments. On January 19, 25, 28, 1790 South Carolina, New Hampshire, Delaware ratified the Bill, though New Hampshire rejected the amendment on Congressional pay raises, Delaware rejected Article I, which regulated the size of the House.
This brought the total of ratifying states to six of the required ten, but the process stalled in other states