Understanding Capitalization: Constitutional Amendments

The US Constitution is a revered document in American political culture, and this is reflected in the linguistic conventions surrounding it. While constitution is not a proper noun and is usually lowercase, Constitution is capitalized when referring specifically to the US Constitution or naming a constitution in full. This extends to the Amendments to the Constitution, which are also capitalized (e.g., First Amendment, Fourteenth Amendment). However, the adjective constitutional remains lowercase, so one would refer to a constitutional amendment. The capitalization of these terms is a sociolinguistic phenomenon, and different style guides may have varying conventions.

Explore related products

Pocket Constitution (25 Pack): U.S. Constitution with Index & Declaration of Independence

$22.49 $35

The Constitution of the United States

$1.5

Legal Writing in Plain English, Third Edition: A Text with Exercises (Chicago Guides to Writing, Editing, and Publishing)

$17.38 $22.5

Legal Writing QuickStudy Laminated Reference Guide

$7.95

Point Made: How to Write Like the Nation's Top Advocates

$32.87 $41.99

Elegant Legal Writing

$24.95

Capitalization of 'Constitution' in the US

The word "constitution" is generally not a proper noun and therefore should not be capitalised. However, the US Constitution is often capitalised, even when the "US" is dropped, due to American reverence for their political system. This is a stylistic choice, and different publications have different approaches. For example, the UK's Guardian newspaper chooses not to capitalise "constitution" in most cases, even when referring to the US Constitution.

When referring to parts of the US Constitution, there is also variation in practice. Some sources state that parts of the Constitution, such as the Fourteenth Amendment, should be capitalised and spelled out, whereas others state that they should only be capitalised when they are informal names, such as the Commerce Clause. The Chicago Manual of Style states that "constitutional", as an adjective, should not be capitalised.

The US Constitution that was ratified in the late 1780s had different capitalisation and punctuation to the version held in the National Archives today. However, the words remain the same.

In the UK, the traditional attitude was that punctuation and paragraphing should not be used as aids to construing legislation, and this approach may have been adopted for the US Constitution. However, the convention in American law is that if a noun that is not a proper noun is capitalised, it indicates that the term is defined elsewhere in the document.

Capitalization of amendments

The capitalization of the US Constitution and its amendments is a complex issue that has evolved over time. While there are no definitive rules, there are some general guidelines and conventions that are followed by most people and organizations.

Firstly, it is important to note that the word "constitutional" is always lowercase, as it is an adjective. However, when referring specifically to the US Constitution, the "C" in Constitution is capitalized. This capitalization is also applied when naming a specific country's constitution, such as in "China's 1978 Constitution". The full title of the US Constitution, "The Constitution of the United States of America", or its shorthand version, "The US Constitution", is also capitalized.

When referring to parts of the Constitution, such as amendments, articles, and clauses, the general rule is to capitalize them when they are spelled out, for example, "Fourteenth Amendment" or "Article 1". However, when these parts are used in a bracketed citation, they are usually not capitalized, such as in " [U.S. Const. art. 11]". Informal names of parts, like the "Commerce Clause" and "Due Process Clause", are typically capitalized. It is worth noting that the percentage of capitalized nouns in amendments can vary, as seen in the 11th Amendment, which has a significantly lower percentage of capitalized nouns compared to Article 1, Section 1.

Different style guides and organizations may have their own specific rules for capitalization. For example, the Chicago Manual of Style specifies that the Constitution should be capitalized when referring to the US Constitution. Additionally, full titles of companies and institutions, including their departments or divisions, are typically capitalized, such as "the University of Kansas School of Law".

In the context of English law, the traditional attitude was that punctuation and paragraphing were not to be used as aids to interpreting legislation. This suggests that capitalization may also have been disregarded in construing legislation. However, it is important to note that the current convention in American law treats capitalized nouns in legal documents as an indication that the term is defined elsewhere in the document.

Nouns in Article 1, Section 1

In Article 1, Section 1 of the US Constitution, several nouns are used to outline the legislative powers vested in the US Congress. The primary noun phrase is "All legislative Powers," which is the subject of the sentence and sets the tone for the section. The noun "Powers" refers to the authority and ability to make laws and govern.

The following nouns in this section are "Congress," "Senate," and "House of Representatives." These are all proper nouns, referring to the specific institutions that make up the legislative branch of the US government. "Congress" refers to the collective body of representatives from each state, while "Senate" and "House of Representatives" are the two chambers that comprise Congress.

Additionally, there are nouns related to the legislative process, such as "Laws," "Rules," and "Proceedings." These nouns refer to the output of the legislative branch—the laws and rules they create, as well as the processes they follow during their work.

Another noun in this section is "Government," referring to the overall governing body of the United States, of which Congress is a part. This noun emphasizes the role of Congress within the broader context of the US governmental structure.

Lastly, there are nouns related to geography and administration, such as "States" and "Departments." "States" refer to the individual states that make up the US, while "Departments" can refer to various executive departments within the federal government. These nouns provide context for the jurisdiction and scope of the legislative powers being discussed.

Explore related products

Examples & Explanations for Legal Writing

$67.92 $76.95

The Elements of Legal Style

$21.4 $35.99

Level Up Your Legal Writing: Techniques and Technology to Supercharge Your Skills [Connected eBook with Study Center] (Aspen Coursebook)

$53.11 $67

Speak Like a Lawyer: Write Like a Lawyer: Communicate Like a Top Legal Professional in the Digital Age.: For Law Students, Attorneys, Lawyers, and Paralegals.

$13.45

Reading Legal Writing 101: The Essential Guide to Clearly and Accessibly Understanding the Fundamentals of Law Language and Navigating the Legal System with Confidence and Security

$19.97

The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts

$75.1 $88

Capitalization in the original document

The US Constitution, also known as The Constitution of the United States of America, is the founding document of the United States. When referring to this specific document, "Constitution" is typically capitalised. This is a linguistic convention, as "Constitution" in this context is a proper noun.

However, the adjective "constitutional" is not capitalised. For example, one would refer to a "constitutional amendment" in lowercase.

The original, archived version of the US Constitution is marked by different punctuation and capitalization when compared to the official printed archetype. In the original document, all the nouns in Article 1, Section 1 are capitalised. For example:

> "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

In contrast, the 11th Amendment, passed by Congress on March 4, 1794, and ratified by the states on February 7, 1795, has a significantly smaller percentage of capitalised nouns. For example:

> "When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies."

The inconsistent use of capitalisation in the original document may be due to the fact that, at the time, punctuation and paragraphing were not used as aids to construing legislation. Thus, the drafters of the Constitution and the amendments did not have a consistent approach to capitalisation.

'Constitutional' as an adjective

When discussing the US Constitution and its amendments, it is important to distinguish between the use of "Constitution" as a proper noun and "constitutional" as an adjective.

The word "Constitution" is often capitalised when referring specifically to the US Constitution, which is the founding document of the United States. This capitalisation is due to the significance and respect accorded to this document in American political culture. However, when using "constitution" descriptively or in reference to another country's constitution, it is generally not capitalised. For example, one might say, "China's 1978 constitution outlines the country's fundamental laws." Here, "constitution" is not capitalised because it is not referring specifically to the US Constitution.

The adjective "constitutional," on the other hand, is never capitalised. This is true even when referring to something directly related to the US Constitution. For example, one would write about a “constitutional amendment" or "constitutional law," with "constitutional" in lowercase. This distinction between the proper noun "Constitution" and the adjective "constitutional" is an important one to remember when discussing the US Constitution and its amendments.

Additionally, when referring to specific amendments, it is standard practice to capitalise their formal names, such as the "First Amendment" or the “Fourteenth Amendment." This capitalisation extends to other legislation and treaties associated with the Constitution, such as the “Bill of Rights" and the "Declaration of Independence." However, when referring to informal names or parts of the Constitution, capitalisation may vary. For example, while the "Commerce Clause" and "Due Process Clause" are often capitalised, the specific words "commerce" and "due process" within those clauses are not.

It is worth noting that capitalisation conventions can vary depending on style guides and specific contexts. For example, some publications may choose not to capitalise "Constitution" consistently, even when referring to the US Constitution. Ultimately, consistency and adherence to established style guides are essential when discussing the US Constitution and its amendments to ensure clear and accurate communication.

Frequently asked questions