Article VII. Ratification

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                               ARTICLE VII

                               __________

                              RATIFICATION

  The Ratification of the Conventions of nine States, shall be
sufficient for the Establishment of this Constitution between the States
so ratifying the Same.
      In General

        In Owings v. Speed,\1\ the question at issue was whether the
Constitution of the United States operated upon an act of Virginia
passed in 1788. The Court held it did not, stating in part:

        \1\5 Wheat. (18 U.S.) 420, 422-423 (1820).
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        ``The Conventions of nine States having adopted the
Constitution, Congress, in September or October, 1788, passed a
resolution in conformity with the opinions expressed by the Convention,
and appointed the first Wednesday in March of the ensuing year as the
day, and the then seat of Congress as the place, `for commencing
proceedings under the Constitution.'

        ``Both Governments could not be understood to exist at the same
time. The New Government did not commence until the old Government
expired. It is apparent that the Government did not commence on the
Constitution being ratified by the ninth State; for these ratifications
were to be reported to Congress, whose continuing existence was
recognized by the Convention, and who were requested to continue to
exercise their powers for the purpose of bringing the new Government
into operation. In fact, Congress did continue to act as a Government
until it dissolved on the 1st of November, by the successive
disappearance of its Members. It existed potentially until the 2d of
March, the day proceeding that on which the Members of the new Congress
were directed to assemble.

        ``The resolution of the Convention might originally have
suggested a doubt, whether the Government could be in operation for
every purpose before the choice of a President; but this doubt has been
long solved, and were it otherwise, its discussion would be useless,
since it is apparent that its operation did not commence before the
first Wednesday in March 1789 . . . .''