Jonah Patel
When discussing the specific founding document of the US Constitution, it is appropriate to capitalize the word Constitution. This is because it is a proper noun referring to a specific document. However, when using the word constitution descriptively or as a common noun, it is written in lowercase. Similarly, the adjective constitutional is typically not capitalized, as in the phrase constitutional amendment. That being said, capitalization practices can vary across different publications and contexts, and the original US Constitution exhibits variable capitalization itself.
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'Constitution' is capitalised when referring to the US Constitution
When it comes to the capitalisation of the word "Constitution", there are differing views and conventions depending on the style guide and country in question.
Technically, "constitution" is not a proper noun, so it shouldn't be capitalised. However, in the United States, the term has taken on the status of a proper noun due to the country's veneration for its political system and institutions. As such, it is common to see "Constitution" capitalised when referring specifically to the US Constitution, the country's founding document. This capitalisation extends to both the standalone word "Constitution" and when it is used in phrases like "the Constitution".
On the other hand, when referring to a constitution in a general or descriptive sense, it is treated as a common noun and not capitalised. For example, one might say, "The chess club needed a new constitution" or "We should look that up in our constitution." Additionally, the adjective "constitutional", as in "federal constitutional law" or "a constitutional amendment", is always written in lowercase.
Media style guides may also play a role in the decision to capitalise "Constitution" or not. Different publications may have their own conventions, with some choosing to capitalise the term and others opting for lowercase.
Therefore, when specifically referring to the US Constitution, it is generally acceptable to capitalise "Constitution", reflecting the significance and uniqueness attributed to this document in American political culture.
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Constitutional is an adjective and should be lowercase
When discussing a constitutional amendment, the word "constitutional" should be lowercase because it is an adjective. This rule applies even in the phrase "federal constitutional law".
However, when referring to the specific founding document of the US Constitution, the word "Constitution" is capitalized. This is due to the American veneration for their political system's institutions, which has elevated the term to the status of a proper noun.
In the context of other countries' constitutions, the decision to capitalize the word "constitution" may vary. Some sources suggest that when referring to a specific country's constitution, it should be treated as a proper noun and capitalized, while others recommend only capitalizing the name of the country followed by the lowercase "constitution" (e.g., "China's 1978 Constitution").
It is worth noting that the original printed archetype of the US Constitution, ratified by Americans in the late 1780s, featured different punctuation and capitalization from the familiar parchment we know today.
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Nouns in the US Constitution are often capitalised
In the US Constitution, nouns are often capitalised. This is a stylistic choice that is not always followed, as the capitalisation of nouns in the US Constitution has been a somewhat stochastic sociolinguistic process. The National Archives version of the Constitution is considered good enough for government work, and it is likely that the original Constitution followed a similar pattern of capitalisation.
The capitalisation of nouns in the US Constitution may be due to the American veneration for their political system's institutions, which has led to terms like "Constitution" taking on the status of proper nouns. This decision to capitalise certain terms is often codified in media style guides, which may differ in their recommendations. For example, the UK's Guardian newspaper often chooses not to capitalise terms like "Constitution", even when referring to UK institutions, unless it is referring formally to Queen Elizabeth II.
In general, when referring to the US Constitution specifically, it is appropriate to capitalise the word "Constitution". However, when using the word "constitution" descriptively or as an adjective, it is lowercase. For example, one would say "the US Constitution" or "the Constitution" but "the state constitution" or "a new constitution".
Additionally, when referring to specific subdivisions and names within the US Constitution, these are also typically capitalised. For example, one would capitalise the "Full Faith and Credit Clause" or the "First Amendment". However, this does not apply to state constitutions, where subdivisions and names are not capitalised.
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The US Constitution differs from the UK Guardian's style guide
The US Constitution differs significantly from the UK's uncodified constitution, which is outlined in the UK Guardians style guide. The US Constitution is a written, codified, and entrenched document serving as the 'supreme law' of the land. Any changes to it must satisfy additional requirements, making it challenging to amend. In contrast, the UK's constitution is spread across various sources, including specific Acts of Parliament, constitutional conventions, and judicial decisions. It can be amended by a simple majority vote in Parliament, giving the government of the day considerable flexibility in making changes.
The US Constitution, as a proper noun, is always capitalised, while "constitutional" as an adjective is not. This is a key distinction to make when discussing US constitutional law and amendments. The UK, on the other hand, does not have a single written or codified constitution like most modern liberal democracies. Its constitution is unwritten, with core aspects spread across multiple legal sources. This dispersal can make the UK's constitution more challenging to identify and understand.
The flexibility of the UK's uncodified constitution is often praised as it allows for a pragmatic approach. It can be modified in response to changing circumstances, enabling the country to try, test, and develop different approaches over time. This adaptability is advantageous when updating political systems to align with evolving attitudes and realities. Additionally, the absence of a codified constitution is considered more democratic as it empowers each generation to influence the constitution through their elected representatives.
While the US Constitution is entrenched and challenging to amend, its permanence has drawbacks. For example, the Second Amendment's right to bear arms has proven difficult to update in line with modern gun control discussions. In contrast, the UK's flexible constitution enables swift changes, as evidenced by the introduction of the Human Rights Act and devolution to Scotland, Wales, and Northern Ireland. However, the ease of amending the UK's constitution may also be a disadvantage, as it lacks the permanence and supreme authority of its US counterpart.
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The US Constitution differs from English law
In the United States, the "Constitution" is capitalized when referring to the specific founding document. However, the adjective "constitutional" is always lowercase.
The US Constitution and English law differ in several ways. Firstly, the US Constitution is a federal constitution, influenced by the study of the Magna Carta and other ancient and modern federations. The Due Process Clause of the US Constitution, for instance, was inspired by the Magna Carta's foundation of English liberty against arbitrary power. In contrast, English law does not have a written constitution and instead relies on various sources, including common law, statutes, and conventions.
The US Constitution and English law also differ in their structures of government. The US Constitution embodies the doctrine of the separation of powers, dividing the federal government into the legislative, executive, and judiciary branches. On the other hand, English law operates under a parliamentary system, where the executive branch (led by the Prime Minister) is part of the legislative branch (Parliament).
Additionally, the US Constitution and English law vary in their approaches to federalism. In the US, states are plenary sovereigns, each with their own constitution, while the federal government has limited supreme authority as outlined in the US Constitution. This allows states to grant broader rights to their citizens than those enumerated in the federal Constitution, as long as they do not infringe upon federal constitutional rights. In contrast, the United Kingdom does not have a federal system, and while Scotland, Wales, and Northern Ireland have devolved legislatures, they do not have the same level of sovereignty as US states.
Furthermore, the process of amending the US Constitution is outlined in Article V, requiring a proposal to be adopted by two-thirds of both houses of Congress or a national convention requested by two-thirds of state legislatures. The proposed amendment and ratification method are then sent to the states for approval. In contrast, the UK does not have a codified constitution, and any amendments or changes to existing laws or procedures are made through the passage of new laws or the interpretation of existing laws by the courts.
Finally, while both the US Constitution and English law recognize certain fundamental rights and liberties, the specific rights protected may differ. For example, the US Constitution includes a Bill of Rights, inspired by the English Bill of Rights of 1689, but with some differences in the rights guaranteed, such as the right to keep and bear arms.
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Frequently asked questions
No. "Constitutional" is lowercase because it is an adjective. However, "Constitution" is capitalized when referring to the US Constitution.
The capitalization of the US Constitution is due to American veneration for their political system's institutions. This decision is also often codified in media style guides.
When "Constitution" is used descriptively, it is lowercase. For example, "We should look that up in our constitution." When referring to the specific founding document of the US Constitution, it is capitalized.
