Proposal and ratification Third Amendment to the United States Constitution

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james madison, drafter of bill of rights


in 1st united states congress, following state legislatures request, james madison proposed twenty constitutional amendments based on state bills of rights , english sources such bill of rights 1689; 1 of these prohibition against quartering troops in private homes. several revisions future third amendment proposed in congress, chiefly differed in way in peace , war distinguished (including possibility of situation, such unrest, neither peace nor war), , whether executive or legislature have authority authorize quartering. however, amendment passed congress unchanged , unanimous vote. congress reduced madison s proposed twenty amendments twelve, , these submitted states ratification on september 25, 1789.


by time bill of rights submitted states ratification, opinions had shifted in both parties. many federalists, had opposed bill of rights, supported bill means of silencing anti-federalists effective criticism. many anti-federalists, in contrast, opposed it, realizing bill s adoption lessen chances of second constitutional convention, desired. anti-federalists such richard henry lee argued bill left objectionable portions of constitution, such federal judiciary , direct taxation, intact.


on november 20, 1789, new jersey ratified eleven of twelve amendments, rejecting article ii, regulated congressional pay raises. on december 19 , 22, respectively, maryland , north carolina ratified twelve amendments. on january 19, 25, , 28, 1790, respectively, south carolina, new hampshire, , delaware ratified bill, though new hampshire rejected amendment on congressional pay raises, , delaware rejected article i, regulated size of house. brought total of ratifying states 6 of required ten, process stalled in other states: connecticut , georgia found bill of rights unnecessary , refused ratify, while massachusetts ratified of amendments, failed send official notice secretary of state had done so.


in february through june 1790, new york, pennsylvania, , rhode island ratified eleven of amendments, though 3 rejected amendment on congressional pay raises. virginia postponed debate, after vermont admitted union in 1791, total number of states needed ratification rose eleven. vermont ratified on november 3, 1791, approving twelve amendments, , virginia followed on december 15, 1791. secretary of state thomas jefferson announced adoption of ten ratified amendments on march 1, 1792.





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