The answer is approval of conventions in three-fourths of the states.
Biological determinism is a canard that has repeatedly been explained away by evolutionary informed scientists since time immemorial. Humans are an inextricable mix of their genes and their environments. As a matter of fact, genes get turned on or off as a function of environmental inputs. Evolutionary-based cognitive computational systems take information from the environment to get activated. Natural selection itself, the foundational mechanism of evolution, is shaped by the selective forces within a specific environment. Hence, there is no such thing as biological determinism.
A The Constitution was amended in the form of the Bill of Rights.