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This, the Bill of Rights as the obvious answer, is a misnomer.

Only two states, North Carolina and Rhode Island, refused to ratify the US Constitution of 1787 before the new government was formed on March 4, 1789. Six months later Congress proposed 12 Amendments to the Constitution on September 25, 1789. The following month, North Carolina called a second State ratifying convention and approved the US Constitution on November 21, 1789. Rhode Island remained a separate nation.

When it became clear that Congress was going to enact legislation to treat Rhode Island as a foreign government, it ratified the Constitution by the narrowest margin (two votes) on May 29, 1790. In both cases, the US Constitution of 1787 had no additional amendments.

Ten of the 12 Amendments, now known as the Bill of Rights, were finally ratified by 4/5ths of the States (including Rhode Island and North Carolina), on December 15, 1791.

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