Eleanor Finch
The use of italics in legal documents, including constitutions, is a stylistic device that serves multiple purposes. While the titles of constitutions are generally not italicized, certain phrases or sections within the text may be italicized to indicate emphasis, to denote foreign or Latin phrases, or to signify that a particular provision is no longer in force due to amendments or changes in legislation over time. Italicization can also be used for procedural phrases in case names and to distinguish hypothetical elements in legal writing. The specific conventions and guidelines for italicization in legal documents can vary across different jurisdictions and style guides.
| Characteristics | Values |
|---|---|
| Indication | No longer in effect due to the passage of time or changes made by amendments |
| Reason | To point out provisions of the document which are no longer in force |
| Examples | Article 1, Section 2 Paragraph 3, "Representatives and direct taxes shall be apportioned" |
| Other reasons | Emphasis, foreign words and phrases, or other unique circumstances |
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What You'll Learn
To indicate that a phrase is no longer in effect due to amendments
In published copies of the US Constitution, certain phrases are italicized to indicate that they are no longer in effect due to amendments or the passage of time. These italicized phrases are usually provisions of the document that are no longer in force or have expired. For example, in Article 1, Section 2, Paragraph 3, the words "and direct taxes" are often italicized because they are no longer applicable.
The US Constitution has undergone numerous amendments since its inception, and some of its original provisions have become outdated or superseded by subsequent amendments. For instance, the three-fifths clause, which stated that slaves were considered three-fifths of a person, is now unconstitutional and has been italicized in many published copies of the Constitution to indicate its outdated status.
Another example is the apportionment of representatives, which was addressed in the 27th Amendment. This amendment took over 200 years to be added to the Constitution and rendered the original apportionment provisions outdated. While the Constitution prescribes sanctions for persons who commit acts of insurrection or rebellion against the US, these sanctions have not been applied or formally considered since the Civil War.
The use of italics in published copies of the Constitution helps readers quickly identify which parts of the document are no longer operative due to amendments or the passage of time. It provides a visual cue that certain phrases or sections are no longer in effect, allowing for a clearer understanding of the current state of the law.
It is worth noting that the use of italics in published copies of the Constitution may vary depending on the publisher or the specific edition. While italics are commonly used to indicate outdated provisions, other formatting choices, such as blue-lining or other identification methods, may also be employed to highlight these sections.
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To emphasise certain words or phrases
Italicization is a common practice in legal writing and is used to achieve various stylistic and functional objectives. One key reason for italicizing certain words or phrases in the Constitution is to emphasize their importance or unique context. Italics are employed to highlight words or phrases that warrant special attention, either due to their significance within the document or because they require additional explanation or clarification.
The use of italics for emphasis is a recognized convention in legal writing, as outlined in guides such as the Bluebook Guide. By italicizing specific words or phrases, the drafter can signal to the reader that these elements are crucial to understanding the intent or application of the law. This practice helps to draw focus to these elements, ensuring they stand out from the surrounding text.
In some cases, italics may be used to indicate that a particular provision or phrase within the Constitution is no longer in effect or has been amended. Italicization serves as a visual marker, indicating to readers that the italicized portion should be considered in a different light. This practice is especially relevant when dealing with historical or civics textbooks, where it helps readers understand the evolution of the document over time.
It is important to note that the use of italics for emphasis should be exercised judiciously. While italics can effectively highlight key words or phrases, overuse may dilute their impact or create a visually distracting text. Therefore, legal writers must carefully consider the purpose and placement of italicization to ensure it serves its intended function.
In summary, the use of italics to emphasize certain words or phrases in the Constitution is a deliberate stylistic choice. Italics draw attention to specific elements, emphasizing their importance or unique context within the document. This practice aids readers in understanding the weight and significance of certain provisions, ensuring a clearer interpretation of the law.
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To denote non-English words or phrases
The use of italics in legal writing, including the constitution, can serve multiple purposes. One reason for italicizing certain phrases or words is to denote non-English terms or phrases. This is a standard practice in legal writing, as outlined in guides like the Bluebook Guide.
According to the Bluebook Guide, non-English words and phrases should generally be italicized unless they have been commonly adopted into the English language. For example, Latin phrases and terms that are commonly used in legal writing, such as "e.g." or "res judicata," are not italicized. However, longer or less common Latin phrases, such as "expressio unius est exclusio alterius," should be italicized.
The use of italics for non-English terms helps to distinguish them and may provide clarity for readers who are not familiar with those specific languages or phrases. It is important to note that the conventions around italicizing non-English words and phrases can vary, and there may be exceptions or unique circumstances where italics are not used, even for non-English terms.
In the context of the United States Constitution, italics are often used to indicate provisions or sections that are no longer in force due to amendments or changes over time. For example, in Article 1, Section 2, Paragraph 3, the phrase "and direct taxes" may be italicized in some published copies to signify that those words are no longer applicable.
Additionally, italics may be used in the constitution to emphasize certain words or phrases, or for stylistic purposes, similar to their use in other forms of writing. However, the primary focus of italics in legal writing, including the constitution, is to provide clear identification of non-English terms and to indicate which portions of the document are no longer operative.
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To highlight procedural phrases in case names
Italicization is used in legal writing to emphasize certain words or phrases. One reason for italicizing phrases in the constitution is to highlight procedural phrases in case names. For example, phrases like "In re" or "ex rel." are often italicized in case names.
The use of italics in legal writing is guided by specific style guides, such as the Bluebook Guide, which provides direction on italicization for emphasis, foreign words and phrases, and unique circumstances. Italicization can be used to indicate that a particular provision or phrase in the constitution is no longer in effect due to amendments or changes in the law over time. For instance, in Article 1, Section 2, Paragraph 3 of the U.S. Constitution, the phrase "and direct taxes" is often italicized to indicate that those words are no longer applicable.
In addition to indicating outdated provisions, italics may also be used to draw attention to important or significant passages within the text. This can be particularly common in history and civics textbooks, where the emphasis is on educating readers about the evolution of the constitution and the amendments made to it over time.
It is worth noting that the use of italics in legal writing can vary depending on the specific jurisdiction and the style guide being followed. While italics are commonly used to emphasize procedural phrases in case names, there may be exceptions or additional guidelines outlined in specific style guides for legal citations.
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To distinguish published editions of the constitution from the document's title
The use of italics in published editions of the constitution serves a specific purpose: to distinguish the title of the document from the text of the constitution itself. When referring to the document in running text, the title of the constitution is not italicized or placed within quotation marks. However, when citing a specific published edition, the title takes on the same formatting as the title of any other published work and is italicized.
For example, in the United States Constitution, the title "The Constitution of the United States" is italicized in the works-cited-list entry, indicating a reference to a particular published edition. This consistent application of italics for published edition titles aligns with the treatment of titles in other contexts, such as books or movies, where titles are generally italicized.
It is important to note that the use of italics can also serve other functions within the text of the constitution. In certain circumstances, italics may be used to emphasize specific words or phrases, particularly when quoting procedural phrases, foreign words or phrases, or letters representing hypothetical entities. Additionally, italics can be employed to indicate that certain provisions or sections of the constitution are no longer in effect due to amendments or changes over time.
The guidelines for italicization in legal writing, as outlined in resources like the Bluebook Guide, provide direction on when and how to use italics for various purposes, including emphasis, foreign phrases, and unique circumstances. These guidelines help maintain consistency and clarity in legal documentation, ensuring that the use of italics serves a distinct purpose, such as distinguishing published edition titles or emphasizing specific content within the text.
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Frequently asked questions
Italicized phrases in the constitution indicate that these parts are no longer in effect due to the passage of time or changes made to the Amendments.
Italicized phrases in the US Constitution refer to provisions of the document that are no longer in force and have expired.
Yes, in legal writing, words or phrases may be italicized for emphasis, and to italicize non-English words and phrases unless they have been incorporated into common English usage. Additionally, titles of constitutions are italicized when they are cited as individual published editions.
