November 20
New Jersey First to Ratify Bill of Rights
New Jersey's legislature became the first to ratify eleven of the twelve amendments proposed by Congress, giving early momentum to what would become the Bill of Rights.
Summary
In the years following the American Revolutionary War, the newly formed United States operated under the Articles of Confederation, which many leaders viewed as too weak to sustain a stable nation. Delegates at the 1787 Constitutional Convention created a stronger framework, but Anti-Federalists demanded explicit protections for individual liberties before ratification. James Madison drafted twelve proposed amendments in 1789 to address these concerns, and Congress approved them for submission to the states. On November 20, 1789, New Jersey's legislature became the first to ratify eleven of the twelve articles. This action helped build momentum, as other states followed over the next two years. The first ten amendments, known collectively as the Bill of Rights, were ultimately added to the Constitution in 1791, establishing foundational guarantees such as freedom of speech, religion, and the right to bear arms.
Context
Following the Revolutionary War, the United States governed itself under the Articles of Confederation, a framework widely regarded as too weak to manage national finances, defense, and interstate relations. Delegates convened in Philadelphia in 1787 to draft a new Constitution that strengthened the federal government, but ratification faced opposition from Anti-Federalists who demanded clear safeguards for individual liberties to prevent overreach.
James Madison, a leading Federalist, responded by crafting twelve proposed amendments drawn from state bills of rights and earlier conventions. The first federal Congress, meeting in New York City, approved these articles on September 25, 1789, and forwarded them to the states for consideration under the Constitution's amendment process, which required approval by three-fourths of the legislatures.
What Happened
New Jersey's lawmakers received the congressional resolution promptly and began review through committees in both chambers. The House of Assembly referred the proposals to a committee on October 29, 1789, and the Legislative Council followed suit on November 4. Legislative records indicate careful examination of each article before final action.
On November 20, 1789, the New Jersey legislature ratified eleven of the twelve proposed amendments. It approved the articles that would become the first ten amendments but rejected the second, which addressed congressional compensation and would later be adopted as the Twenty-seventh Amendment in 1992. The first article on representation also failed to secure nationwide approval. This made New Jersey the initial state to act, with formal notice sent to the federal government.
Aftermath
New Jersey's decision encouraged other states to proceed with ratification. Over the following two years, additional legislatures approved the amendments, reaching the required three-fourths threshold when Virginia ratified on December 15, 1791. Secretary of State Thomas Jefferson then proclaimed the first ten amendments part of the Constitution on March 1, 1792.
The two unratified original articles followed separate paths: one on representation never gained traction, while the compensation provision resurfaced and passed in the twentieth century.
Legacy
The Bill of Rights established enduring protections for speech, religion, assembly, arms, due process, and other liberties that courts have interpreted and expanded over centuries. New Jersey's prompt action illustrated the federal system's reliance on state deliberation to refine national documents and helped legitimize the amendment process during the founding era.
Historians credit the episode with balancing Federalist and Anti-Federalist concerns, preventing calls for a second constitutional convention, and providing a model for later rights expansions. The amendments remain central to American constitutional law and have influenced similar declarations worldwide.
Why It Matters
New Jersey's ratification provided crucial early validation for the Bill of Rights, accelerating its adoption and embedding core civil liberties into the U.S. constitutional system. This precedent influenced later amendments and judicial interpretations that continue to shape American law and governance. It also demonstrated the effectiveness of state-level deliberation in refining the federal framework during the nation's founding era.
Related Questions
Why did New Jersey reject one of the original twelve amendments?
The legislature turned down Article II, which regulated the timing of congressional pay changes; that provision was later ratified as the Twenty-seventh Amendment in 1992.
How many states were needed to ratify the Bill of Rights?
Three-fourths of the existing states, or ten out of the original thirteen, were required; Virginia supplied the decisive vote in December 1791.
What role did James Madison play in the Bill of Rights?
As a member of the first Congress, Madison drafted and guided the twelve proposed amendments through legislative approval to satisfy Anti-Federalist objections.
Where did the first Congress meet when it proposed the amendments?
The Congress convened in Federal Hall in New York City, then the temporary national capital.
Did New Jersey ratify all twelve articles?
No; it approved eleven and rejected the second, while the first article on representation also failed to win enough state support.
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Sources
- Bill of Rights - New Jersey State Archives, New Jersey State Archives. Accessed 2026-07-07.
- New Jersey ratifies Bill of Rights, Nov. 20, 1789, Politico. Accessed 2026-07-07.