The Constitution: Capitalizing 'The' In Legal Documents

do you capitalize the the in the constitution

The US Constitution is a foundational document of immense significance, but its capitalization remains a subject of debate. The text, drafted in the 18th century, follows the convention of capitalizing nouns, a style favored by Gouverneur Morris, its principal author. However, this practice was already waning by the end of the 1700s, and the Constitution's capitalization has been a topic of discussion and scrutiny ever since. The original document features inconsistent capitalization, and even today, different copies exhibit slight variations in punctuation and capitalization.

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Capitalization of 'Constitution' in the US

The capitalization rules for the US Constitution have been a subject of some debate and discussion. The word "constitution" itself is generally lowercase, as it is a common noun. However, when referring specifically to the US Constitution as a proper noun or a named document, it is often capitalized. This is a common practice in American English, where capitalizing common nouns in a title or as a shorthand for a specific document is standard.

For example, in the phrase "federal constitutional law," the "c" in "constitutional" should remain lowercase. On the other hand, "The Constitution," when specifically referring to the US Constitution, is typically capitalized. This is because it is now treated as a proper noun, referring to the specific founding document of the United States.

The capitalization of the US Constitution itself has also been a topic of interest. The original document, drafted by Gouverneur Morris, followed the 18th-century convention of capitalizing nouns in fancy documents. However, by the end of the 1700s, this practice was fading, and Congress had decided to drop the capitalization rule. Despite this, the final Constitution included several inconsistently capitalized common nouns, which can be attributed to Morris's preference for capitalization.

Additionally, each copy of the Constitution may have slightly different capitalization and punctuation due to variations in transcription and emphasis. The official printed archetype, whose existence was once a well-kept secret, also differs in capitalization and punctuation from the familiar parchment. Despite these inconsistencies, the National Archives version is considered accurate enough for government use.

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Capitalization of nouns in the 18th century

In the 18th century, it was common practice to capitalise nouns in English-language sources. This trend, which began in the 17th century, was influenced by the German language, in which all nouns are capitalised, and by the increasing influence of Continental books. However, there were no standardised rules for capitalisation during this period, and the practice varied across different texts. Some writers chose to capitalise all or most nouns, while others were more selective, capitalising only nouns that they considered important or wanted to emphasise.

By the beginning of the 18th century, the influence of Continental books caused the practice of capitalisation to extend beyond proper nouns and important common nouns to include titles ("Sir", "Lady"), forms of address ("Father", "Mistris"), and personified nouns ("Nature"). Emphasised words and phrases were also often capitalised. This trend was particularly noticeable in fancy documents and may have been driven by aesthetic considerations or uncertainty among printers about which nouns to capitalise.

The fashion for capitalising nouns was at its height in the later 17th century and continued into the 18th century. The manuscripts of writers such as Butler, Traherne, Swift, and Pope from this period are known for their frequent use of initial capitals. However, by the late 18th century, grammarians began to criticise the proliferation of capital letters as unnecessary and confusing. They introduced rules that significantly reduced the types of nouns that were permitted to be capitalised.

The US Constitution, drafted in the 18th century, provides an interesting example of capitalisation practices during this period. Each copy of the Constitution has slightly different capitalisation and punctuation, reflecting the lack of standardised rules at the time. While some nouns are consistently capitalised, others are capitalised in some copies but not in others, suggesting that capitalisation was used to draw attention to certain words or phrases.

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Differences in capitalization across copies

During the 18th century, it was common for nouns in fancy documents to be capitalized. This convention was influenced by German practices and was favoured by Gouverneur Morris, the man who physically drafted the final Constitution. However, by the end of the 1700s, this trend was fading, and Congress had decided to move away from consistent noun capitalization. As a result, the original copy of the US Constitution, handwritten and signed, contains inconsistencies in capitalization, with some common nouns inadvertently left capitalized.

Over time, the practice of capitalizing all nouns fell out of favour due to pressure from writers, who felt it limited their ability to emphasize specific words through capitalization. This shift towards more selective capitalization resulted in variations across different copies of the Constitution. Some people may have added capitals to certain words to draw attention to them or emphasize specific ideas.

The existence of an official printed archetype of the Constitution, marked by different punctuation and capitalization from the widely circulated version, further contributes to the differences in capitalization across copies. This archetype was kept secret for many years, and the National Archives version, which differs in capitalization and punctuation, became the more commonly referenced text.

It is worth noting that the specific copy of the Constitution that was ratified by Americans in the late 1780s, printed in New York shortly after the signing of the original parchment, closely resembles the text that has become familiar to the public. While there may be minor variations in capitalization and punctuation across different copies, the core words and content of the Constitution remain consistent.

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'Constitution' as a common noun

The word "constitution" is a common noun and, as such, does not need to be capitalised unless it is appearing at the beginning of a sentence. However, when referring to a specific country's constitution, such as the US Constitution, it is often treated as a proper noun and is, therefore, capitalised. This is a linguistic convention and a stylistic choice.

The US Constitution, ratified on 21 June 1788, is a statement of the basic principles and laws of the United States. It is a written, codified constitution, meaning that it is encompassed in a single comprehensive document. This is in contrast to the UK Constitution, which is uncodified and written in numerous fundamental acts of a legislature, court cases, and treaties.

The US Constitution has remained in force for several centuries and has influenced the constitutions of other countries, such as the Polish-Lithuanian Commonwealth Constitution, passed on 3 May 1791. The Swedish Constitution of 1772 was enacted under King Gustavus III and was inspired by the separation of powers by Montesquieu.

The decision to capitalise terms like "Constitution" is often codified in media style guides and can vary from country to country. For example, the UK's Guardian newspaper chooses not to capitalise these terms, even when referring to specific institutions or individuals, such as "queen" when not referring to Queen Elizabeth II.

It is worth noting that the original copy of the US Constitution, drafted by Gouverneur Morris, featured different punctuation and capitalisation from the official printed archetype. This was due to the convention in the 18th century of capitalising nouns in fancy documents, a practice that was fading away by the end of the 1700s.

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'Constitution' as a proper noun

The use of capitalisation in the US Constitution has been a topic of discussion and debate. The document, which was drafted in the 18th century, follows the convention of the time by capitalising most, if not all, nouns. This includes the word "the" in certain instances, which has led to questions about whether it should be capitalised when referring to the document today.

The US Constitution is a specific founding document of the United States government and is thus treated as a proper noun. When referring to this document, it is appropriate to capitalise the word "Constitution." This is similar to how other important government terms, such as "Federal Bureau of Investigation," are capitalised. The capitalisation of "Constitution" also distinguishes it from more general or descriptive uses of the word, where it would be lowercase.

In general, the convention is to capitalise proper nouns and leave common nouns in lowercase. The word "constitution" can be either a proper or common noun, depending on the context. When referring to a specific country's constitution, such as the US Constitution, it is often treated as a proper noun and capitalised. However, this varies across different countries and their conventions.

It is worth noting that the original US Constitution had slightly different capitalisation and punctuation in each copy. This was due to the drafting process and the conventions of the time, which were already starting to change by the end of the 1700s. Today, the National Archives version is considered the definitive copy, and it follows a similar text to what is commonly known.

In summary, when referring to the US Constitution as a specific and important document, it is appropriate to capitalise the word "Constitution," treating it as a proper noun. However, the conventions around capitalisation may vary slightly depending on the country and context.

Frequently asked questions

No, you only capitalize 'Constitution' when referring to the US Constitution as this is a proper noun.

'Constitutional' is always lowercase.

No, only the US Constitution is capitalized.

No, only capitalize 'constitution' when referring to the US Constitution.

It is a linguistic convention to capitalize proper nouns, and the US Constitution is a proper noun.

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