What would have happened if Virginia or New York didn’t ratify the Constitution?


Paul Newkirk –

It would have been a problem. New York and Virginia were the ones with the largest populations as well as the most land, and they both were situated physically right smack in the middle of the 13 States.

Combined with the actual hold-out States of Rhode Island and North Carolina, those four States could not have blocked the remaining 9 States from putting the Constitution into effect legally, since 9 States was all that was called for. But the result would have been impractical, with the Constitution States separated by wide geographical areas by those hold-outs. Not readily defensible, and not an efficient way to do business, with each other, nor with the rest of the world.

Faced with an intolerable situation such as that posed by your question, they would have called for ANOTHER Constitutional convention and either started over from scratch, or they would have negotiated with the 4 hold-outs to deal with their demands. Which would have generated a few Amendments to the hung-up, but already ratified (by nine States), first effort at a Constitution.

This kind of situation could have gotten very dicey, since the reluctant 4 States were perfectly within their Rights to DEMAND that all 13 States remain under the Articles of Confederation.

How so? The AOC clearly stated that the only way to amend THAT document was by unanimous consent of ALL of the States; which certainly had not been achieved in the process followed to Adopt and Ratify the new Constitution. If the hold-outs had been really upset about something, and continued their holding-out, they could have told James Madison and friends to go take a flying leap. Legally.

Might have been a good idea to remove any sharp implements or heavy objects from Constitution Hall before the next Convention began. Virginia decided on its own to join up in return for a Bill of Rights, and luckily, the Founders were able to explain to the other hold-outs what life would be like for them if all the other States were slow to support them when another “acquisitive” European power became “interested” in them. Whereupon all the remaining hold-outs decided to sign up.