Subject: Inquiry about the Constitution
Date: Fri, 07 Dec 2001 13:35:01 -0500
From: "Milton Gustafson" milton.gustafson@nara.gov
To: mikalac@worldnet.att.net
CC: "Rodney Ross" - rodney.ross@nara.gov

December 7, 2001

Mr. Norman Mikalac
1121 Arlington, Blvd #242
Arlington, VA 22209

Dear Mr. Mikalac:

This is in further reply to your November 24, 2001, letter about the difference between State ratification of the Constitution and admission to the Union. Rod Ross sent me copies of his replies to your inquiries. What follows is not a NARA interpretation either; it is my opinion.

But I am curious: I would like to find out what ALIC told you.

You are correct. The effective date for the formation of the United States was March 4, 1789. That was the date specified for the start of the new government. I believe the states became part of the United States on that date, not the date when they ratified the Constitution.

You asked what were the dates North Carolina and Rhode Island were admitted to the Union. You seem to assume some "step" was required following their ratification of the Constitution. I do not know of any step. They became part of the Union when they ratified the Constitution. They were special cases because they had already been states within the Confederation. No formal action was required or taken. Those states had been sent copies of the Constitution to ratify back in 1787 like the other 11 states. After they ratified the Constitution Congress simply took action by extending laws already passed (like the Judiciary Act and the Collection Act) to those states.

You asked about subsequent admissions to the Union. Those states did not ratify the constitution; it had already been ratified. Those states were admitted to the Union by an act of Congress, and sometimes by presidential proclamation (if that is what the act of Congress required). Kentucky was admitted to the Union, but it was separated from Virginia. Kentucky and Vermont sent documents to Congress officially applying for statehood, and Congress then passed laws making them states. The same is true for all later states. None of them ratified the Constitution.

I disagree with Rod Ross. The date of a letter signed by the President informing Congress that some states had done something does not seem to be relevant. As an example, in the amendment process, the amendment becomes part of the Constitution when the 38th State ratifies it, not when that State Governor writes to the Archivist, and not when the Archivist proclaims in a certificate that the amendment is part of the Constitution.

Sincerely,

MILTON O. GUSTAFSON, Ph.D.
Senior Archivist, Civilian Records
Textual Archives Services Division
301-713-7230 x257 ^{Gustafson n.p.}