Malcolm Rivera
The US Constitution has undergone several amendments since its inception, with some major faults that have been addressed, such as slavery and Prohibition, and other smaller ones that remain, like the rule preventing governors of California and Michigan from running for president. The earliest errors in the Constitution were made by the scribe, Jacob Shallus, who had to make corrections with penknife and ink, and printers who produced the first copies in 1787. Some mistakes are substantive, while others are grammatical, and some are a combination of the two. For example, in the 1700s, it was common to capitalise every noun, but in the Constitution, capitalization is inconsistent. These errors, while notable, have not weakened the power of the Constitution.
| Characteristics | Values |
|---|---|
| Grammatical errors | Inconsistent capitalization, incorrect spelling, and missing hyphens |
| Spelling errors | "Pensylvania," omitting the second "n" |
| Ambiguities | Rules that prevent governors from offering themselves as presidential candidates |
| Procedural errors | Lack of clarity on which entity has the power to appoint judges |
| Structural issues | States conducting their own foreign policies, lack of a common currency, inability to settle war-era debts |
| Slavery | |
| Prohibition |
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What You'll Learn
Grammatical and spelling errors
The US Constitution, drafted in 1787, contains several grammatical and spelling errors. These errors are understandable given the time constraints and the manual process of writing and printing. However, they highlight the challenges of creating a lasting framework for governance.
One notable grammatical error in the Constitution is the inconsistent capitalization. For example, "defense" in the preamble is spelled as "defence", and words like "credit" in Article I, Section 8, and "duty" and "present" in Article I, Section 9 are not capitalised. The inconsistent capitalization continued with the drafting of the Bill of Rights two years later, further emphasising the lack of standardisation.
Spelling errors are also present in the Constitution. Alexander Hamilton, who assisted in writing the names of the states next to the signatories, spelled "Pennsylvania" as "Pensylvania" next to Benjamin Franklin's name. This error is particularly ironic given that the Constitutional Convention took place in Philadelphia, Pennsylvania.
Another type of grammatical error found in the Constitution is the omission of hyphens in compound numbers. In Article I, Section 2, for example, "twenty five" is written without a hyphen, which contradicts the standard grammar rule for writing compound numbers.
While these grammatical and spelling errors may seem minor, they have not diminished the power of the Constitution. They serve as a reminder of the human effort and dedication that went into creating this foundational document of American democracy.
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Inconsistent capitalisation
The U.S. Constitution, drafted in 1787, contains several inconsistencies in capitalisation. In the 1700s, it was common practice to capitalise every noun. However, the Constitution exhibits inconsistent capitalisation, with certain nouns, such as "defense" in the preamble, "credit" in Article I, Section 8, and "duty" and "present" in Article I, Section 9, appearing in lowercase. The Bill of Rights, drafted two years later, introduced further deviations from the heavy capitalisation style, as Congress moved away from it.
The inconsistent capitalisation in the Constitution can be attributed to the rushed nature of its production. Jacob Shallus, the assistant clerk of the Pennsylvania legislature, was tasked with inscribing the more than 4,000 words of the Constitution by hand across four large sheets of parchment. He completed this work in a short time frame, finishing just after the Convention's adjournment on Saturday, September 15, 1787. Despite the time constraints, Shallus did a commendable job, but some errors, including inconsistencies in capitalisation, were inevitable.
The process of drafting and producing the Constitution involved multiple steps, each introducing potential discrepancies in capitalisation. After Shallus's engrossed copy, printers created additional versions of the document, likely using typesetting. The transition from handwritten manuscripts to typeset copies may have contributed to the inconsistent capitalisation, as typesetters might have had different interpretations or styles for capitalisation.
Furthermore, the evolution of language conventions and stylistic preferences over time also played a role in the inconsistent capitalisation. The practice of capitalising all nouns was prevalent in the first half of the eighteenth century but was gradually abandoned in the latter part. The Constitution, being a document of its time, reflects the linguistic norms and variations of the late eighteenth century. By the time the Bill of Rights was drafted, a shift away from heavy capitalisation had occurred, leading to further inconsistencies when compared to the main body of the Constitution.
While inconsistent capitalisation may seem like a minor issue, it underscores the human effort and challenges involved in crafting a foundational document for a nation. These inconsistencies, along with other grammatical and spelling errors, highlight the complexities of creating a lasting framework for governance. They serve as a reminder that despite our best efforts, perfection is often elusive, and even our most cherished documents can contain flaws.
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Lack of standard hyphenation
The hyphen is a punctuation mark used to join words and separate the syllables of a single word. The hyphen is distinct from dashes, which are longer and have different uses, and the minus sign, which is also longer in some contexts. The hyphen's primary function is to connect two or more things that are closely related, usually words that work together as a single concept (a compound term) or that serve as a joint modifier (a phrasal adjective).
The lack of standard hyphenation can lead to confusion and misunderstanding. For example, consider the sentence, "The new tax deduction is designed to aid small business owners." Without a hyphen, it is unclear whether "small business owners" refers to owners of small businesses or business owners who are small in physical stature. Proper hyphenation clarifies the intended meaning: "The new tax deduction is designed to aid small-business owners."
Similarly, the phrase "common law mirror image rule" can be confusing without a hyphen. The reader may initially interpret "common law" as the noun, not realising that the true noun is "rule." Adding a hyphen clarifies the phrase: "common-law mirror-image rule."
Hyphenation is particularly important when dealing with adjectival phrases to avoid ambiguity and promote clearer understanding. For example, "common-law partner" is an adjectival phrase, whereas "the common law" is a noun phrase. Hyphenation also improves comprehension when multiple compound adjectives modify a single noun, as in "common-law mirror-image rule."
While the use of hyphens can vary in modern English, the primary goal of hyphenation is to aid understanding and improve readability. As Fowler notes, "the hyphen is not an ornament but an aid to being understood, and should be employed only when it is needed for that purpose." Thus, standard hyphenation is essential to ensuring clarity and consistency in legal and legislative documents, including the Constitution.
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Incomplete amendments
The United States Constitution has been amended several times throughout its history to address errors and outdated provisions. However, the process of amending the Constitution is notoriously difficult, and there have been instances where proposed amendments were not fully realised or implemented as intended, resulting in incomplete amendments.
One example of an incomplete amendment is the effort to end slavery. While the Constitution was amended to prohibit slavery, the amendment process itself took a significant amount of time, and the delay had profound consequences for the country. The Thirteenth Amendment, which abolished slavery, was passed in 1865, but the fight against slavery and the civil rights movement continued long after.
Another example of an incomplete amendment relates to the prohibition of alcohol, often referred to as "Prohibition". While the Constitution was amended to prohibit the manufacture, sale, and transportation of alcoholic beverages, it did not effectively address the issues associated with alcohol consumption. The Eighteenth Amendment, which established Prohibition, was ratified in 1919, but it was later repealed by the Twenty-First Amendment in 1933 due to widespread opposition and the rise of organised crime.
In addition to these major amendments, there have been numerous smaller amendments that have not fully achieved their intended outcomes. For instance, the Constitution has been criticised for preventing governors of certain states, such as California and Michigan, from becoming presidential candidates. This limitation has created a barrier for individuals seeking to transition from state-level governance to the presidency, potentially limiting the talent pool for presidential candidates.
The difficulty in amending the Constitution has been a topic of concern for democratic reformers. In the last half-century, there have been numerous proposals to make the Constitution more equal, inclusive, and just. However, due to the rigid nature of the amendment process, these proposals have faced significant challenges, and few have progressed beyond the initial stages.
While the Constitution has undergone several amendments, the process is complex and time-consuming, sometimes resulting in incomplete amendments that do not fully address the issues at hand. These challenges highlight the need for a more flexible and responsive approach to constitutional reform to ensure that the document remains adaptable to the evolving needs of a democratic society.
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Misspelling of state names
The U.S. Constitution, drafted in 1787, is a revered document in American history. However, it is not without its faults, and one notable issue is the misspelling of state names. While some errors may seem minor, they have sparked debates and highlighted the challenges of creating a lasting governance framework.
One famous example of a misspelled state name in the Constitution is the omission of the second "n" in "Pensylvania", which was written by Alexander Hamilton next to Benjamin Franklin's signature. This ironic mistake occurred despite Hamilton's role in assisting with the transcription of state names. The error is particularly notable given that the Constitutional Convention took place in Philadelphia, Pennsylvania.
In addition to spelling errors, the Constitution also contains inconsistencies in capitalization and punctuation. For instance, the word "defence" in the preamble is lowercase, while in Article I, Section 8, "credit" is also lowercase. The lack of a hyphen in "twenty five" in Article I, Section 2, deviates from the grammar rules of the time for compound numbers.
While some may view these errors as insignificant, they have had real-world implications. For example, the placement of commas in the Second Amendment has fueled debates over gun rights, with some interpreting the commas as linking arms ownership solely to militia service. These mistakes serve as a reminder of the human element involved in drafting the Constitution.
The misspellings and errors in the Constitution can be attributed to the scribe, Jacob Shallus, who had a limited timeframe to complete the task. Shallus did an admirable job, given the time constraints, but some errors were inevitable. Additionally, the printers who produced the initial copies may have introduced further mistakes.
In conclusion, while the U.S. Constitution is a revered document, it is not immune to errors, including the misspelling of state names. These mistakes provide insight into the challenges faced during its creation and serve as a reminder of the human effort involved in crafting this enduring framework for American governance.
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Frequently asked questions
A serious technical error in the constitution is a defect that is not merely technical but fundamental and often requires automatic reversal. An example of this is the appointment of a judge that is invalid under the Appointments Clause of the US Constitution.
Some examples of technical errors in the US Constitution include inconsistencies in capitalization and the misspelling of state names.
The earliest errors in the US Constitution were made by the scribe, Jacob Shallus, who had to produce the engrossed copy in a very short time. Shallus made several mistakes, including omissions and even scraping away an entire line of text.
Yes, in addition to technical errors, there are also grammatical errors and substantive errors in the US Constitution.
No, some constitutional errors have been deemed "`unimportant and insignificant," and thus harmless, by state courts.
