There is some conflict as to the exact ratification dates of the
amendment. In some cases, a state's ratification resolution was signed
by legislative officers before that state's second house had acted. In
other cases, severalgovernors subsequently"approved" the resolutions,
even though gubernatorial action is notrequired by Article V (which
requires ratification only by state legislatures or state
conventions). Many state legislative journals areunavailable. [ 5 ]
States that ratified pre-certification
The Congress proposed this amendment on September 25, 1789 and the
following states ratified the amendment:
1. Maryland (December 19, 1789)
2. North Carolina (December 22,1789, re-ratified in 1989) [ 6 ]
3. South Carolina (January 19, 1790)
4. Delaware (January 28, 1790)
5. Vermont (November 3, 1791)
6. Virginia (December 15, 1791)
7. Kentucky (June 27, 1792; this came to light after the amendment was
adopted, as noted in the paragraph at the end of this list.)
8. Ohio (May 6, 1873)
9. Wyoming (March 6, 1978)
10. Maine (April 27, 1983)
11. Colorado (April 22, 1984)
12. South Dakota (February 21, 1985)
13. New Hampshire (March 7, 1985)
14. Arizona (April 3, 1985)
15. Tennessee (May 28, 1985)
16. Oklahoma (July 1, 1985)
17. New Mexico (February 14, 1986)
18. Indiana (February 24, 1986)
19. Utah (February 25, 1986)
20. Arkansas (March 13, 1987)
21. Montana (March 17, 1987)
22. Connecticut (May 13, 1987)
23. Wisconsin (July 15, 1987)
24. Georgia (February 2, 1988)
25. West Virginia (March 10, 1988)
26. Louisiana (July 7, 1988)
27. Iowa (February 9, 1989)
28. Idaho (March 23, 1989)
29. Nevada (April 26, 1989)
30. Alaska (May 6, 1989)
31. Oregon (May 19, 1989)
32. Minnesota (May 22, 1989)
33. Texas (May 25, 1989)
34. Kansas (April 5, 1990)
35. Florida (May 31, 1990)
36. North Dakota (March 25, 1991)
37. Alabama (May 5, 1992)
38. Missouri (May 5, 1992)
39. Michigan (May 7, 1992)
40. New Jersey (May 7, 1992)
41. Illinois (May 12, 1992)
The Archivist of the United States certified that the amendment's
ratification was completed on May 7, 1992, with Michigan beingthe 38th
state to ratify. [ 7 ] It latercame to light that the Kentucky General
Assembly had ratified all 12 amendments during that state's initial
month of statehood, [ 8 ] technically making Missouri the 38th state
to ratify the amendment and finalize its addition to the Constitution.
[ 9 ] Nonetheless, the federal government's official record still
holds that Michigan was the 38th state to ratify the amendment. [ 5 ]
[ 7 ] [ 10 ]
States that ratified post-certification
1. California (June 26, 1992)
2. Rhode Island (June 10, 1993) [ 11 ]
3. Hawaii (April 29, 1994) [ 11 ]
4. Washington (April 6, 1995) [ 11 ]
*. Kentucky (March 21, 1996) [ 11 ] (re-ratification, had previously
ratified on June 27, 1792)
States that have not ratified the amendment
1. Massachusetts
2. Mississippi
3. Nebraska
4. New York
5. Pennsylvania
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