Isabella Carter
The US Constitution has undergone several changes since its inception, with some parts being repealed, modified, or amended. The original document, transcribed by Jacob Shallus, contained errors and variations in punctuation, spelling, and capitalization, which were partly due to typesetting errors and partly due to printers' stylistic tastes. Some portions of the Constitution that have been superseded by legitimate amendments are shown as strike-outs, while additions are shown in italics. These changes are made to reflect the evolution of the Constitution, which has addressed significant issues such as slavery and Prohibition.
| Characteristics | Values |
|---|---|
| Reason for cross-outs | Parts of the Constitution that have been repealed, modified, or are no longer in effect are crossed out. |
| Reason for italics | Parts of the Constitution that have been added are italicized. |
| Origin of practice | This typesetting convention has been used since 1791 when ten of the twelve items of the Bill of Rights were ratified. |
| Examples of errors | Variations in punctuation, spelling, capitalization, and other stylistic details. |
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What You'll Learn
Crossed-out parts are no longer in use
The US Constitution is a document that outlines the nation's basic values and confirms and strengthens the principle that it is the supreme law of the land. It has been amended several times since its inception, with some parts being repealed, modified, or rendered ineffective.
The crossed-out portions of the Constitution are no longer in use but are kept for historical value. These strike-outs indicate portions of the original text that have been superseded by legitimate amendments. For example, the original Constitution included a provision that gave slave owners the right to recapture runaway slaves, even from states where slavery was outlawed. The adoption of Amendment XIII, which abolished slavery and prohibited involuntary servitude, nullified this provision.
Similarly, the original Constitution included a clause that forbade any amendment affecting the slave trade before the year 1808. This date was written as "one thousand seven hundred and eight" due to a typesetting error, but the clause itself was superseded by the Thirteenth Amendment.
The use of strike-throughs and italics to indicate amendments to the Constitution has been a standard typesetting practice since the Bill of Rights was ratified in 1791. This practice allows for a clear presentation of the changes made to the document over time, ensuring transparency and providing a historical record of the evolution of American law and values.
While the crossed-out portions of the Constitution are no longer legally binding, their presence serves as a reminder of the document's evolution and the efforts made to align it with the nation's changing values and beliefs. The process of amending the Constitution demonstrates the flexibility and adaptability of American democracy, allowing for the correction of past injustices and the creation of a more just and equitable society.
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Amendments and the Bill of Rights
The US Constitution has been amended 27 times, with the first ten amendments, known as the Bill of Rights, being ratified on December 15, 1791. The Bill of Rights was added to the Constitution to limit federal powers and protect individual liberties. James Madison, then a member of the US House of Representatives, drafted the amendments, altering the Constitution's text where he deemed appropriate.
The First Amendment protects the freedom of religion, speech, and the press, as well as the right to assemble and petition the government. The Second Amendment protects the right to keep and bear arms. The Third Amendment prevents the government from forcing homeowners to allow soldiers to use their homes. The Fourth Amendment bars the government from unreasonable searches and seizures without a warrant. The Fifth Amendment provides several protections for people accused of crimes, including the right to a grand jury, protection against double jeopardy, and the right against self-incrimination. The Sixth Amendment grants people accused of crimes the right to a speedy and public trial, an impartial jury, and to be informed of the criminal charges. The Seventh Amendment extends the right to a jury trial in federal civil cases. The Eighth Amendment bars excessive bail and fines and cruel and unusual punishment. The Ninth Amendment states that the listing of specific rights in the Constitution does not deny other rights retained by the people. The Tenth Amendment states that the federal government only has the powers delegated to it by the Constitution.
The Thirteenth Amendment, ratified in 1865, abolished slavery and prohibited involuntary servitude, nullifying the "fugitives from labor" provision that gave slave owners the right to recapture runaway slaves.
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Historical value
The US Constitution is a historical document that has undergone several changes and amendments since its inception. The original document, penned with a quill, contained errors in punctuation, spelling, and capitalization, as well as ink splotches. Over time, as the document was reproduced, variations emerged due to typesetting errors and printers' stylistic preferences.
The Constitution's historical value is evident in the retention of certain clauses that are no longer in effect, such as those related to slavery. These clauses are crossed out or italicized, reflecting their amendment or repeal. For instance, the fugitives from labor provision, which gave slave owners the right to recapture runaway slaves, was nullified by the adoption of the 13th Amendment, abolishing slavery and involuntary servitude.
The historical value of the Constitution is also seen in the evolution of its interpretation. For example, the Eighth Amendment's "cruel and unusual" provision, originally intended to outlaw gruesome punishments, has been broadened to challenge prison conditions and certain criminal sentences. Similarly, the confrontation clause, requiring prosecutors to put witnesses on the stand, has been subject to exceptions, allowing for out-of-court statements in specific circumstances.
The historical context of the Constitution is essential for understanding the document's evolution and the changes made to it over time. The retained clauses and amendments provide a record of the nation's journey, including the significant shift from accepting to abolishing slavery. This historical value is why the US Constitution is cherished, even with its faults and amendments, as it reflects the country's ongoing pursuit of a more perfect union.
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Typesetting errors
The US Constitution was drafted by members of the Constitutional Convention, as led by James Madison, in 1787. On September 15, 1787, as the convention wound down, a man named Jacob Shallus, who was a clerk for the Pennsylvania State Assembly, set about committing it to “final form”. Shallus inscribed the more than 4,000 words across four large sheets of parchment paper by hand, with pen and ink, as was standard for the time.
Shallus made several errors, and further errors were made by others who had a hand in its signing and amendment. Some were substantive, some grammatical, and some involved a little of both. For example, in Article 1, Section 10, the text reads: "No State shall … lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it’s Inspection Laws." Here, the word "it’s" was meant to refer to the possessive of the word "it". Nevertheless, the word is spelled as if it were the contraction of "it" and "is" (i.e. "it’s"). Because "its" is used properly in other sections of the Constitution, the error here seems to be more about careless transcription than failure to know the rules of grammar.
Another example of a typesetting error is the inconsistent use of capitalisation. In the 1700s, it was common practice to capitalise the first letter of every noun. Yet every noun is not capitalised. For example, in the Preamble, the word "defense," which is spelled “defence” as discussed below, appears in all lowercase. In Article I, Section 8, Clause 2 (regarding congressional borrowing power), the word "credit" does not begin with a capital "C." And in Article I, Section 9, Clause 1, “duty” is left uncapitalised.
In addition to typesetting errors, there are also variations in punctuation, spelling, capitalisation, and other stylistic details that appeared in many prints of the Constitution. These variations likely originated partly as typesetting errors and partly as a result of the printers' idiosyncratic stylistic tastes. This textual variability was enhanced by the fact that, for many decades after 1787, the national government failed to adopt and disseminate an official printing of the Constitution in booklet or broadside form.
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Stylistic preferences
The stylistic preferences of the US Constitution are a result of the document's long and complex history, which includes typesetting errors, printers' stylistic tastes, and amendments. The presence of crossed-out words or phrases, also known as strike-outs, in the US Constitution indicates portions that have been superseded by legitimate amendments. These strike-outs serve as a standard typesetting way to reflect changes or modifications made to the document.
The process of amending the Constitution has resulted in variations in stylistic details such as punctuation, spelling, capitalization, and formatting. These variations can be attributed to typesetting errors and the stylistic preferences of individual printers. The lack of an official printing of the Constitution in the early decades after its creation contributed to the textual variability.
The Constitution has undergone several amendments to address issues such as slavery, the slave trade, and the right to hold office. The process of amending the document has resulted in crossed-out sections, reflecting the changes made. The use of strike-outs and italics is a standard method of indicating modifications, ensuring transparency and providing historical context.
The original transcription of the Constitution, inscribed by Jacob Shallus on parchment, is preserved in the National Archives Museum. This version includes corrections, last-minute changes, and ink splotches from the use of a quill pen. Shallus included a note explaining his corrections to prevent any confusion or illegitimate additions to the text.
The stylistic preferences and variations in the US Constitution are a result of its evolution over time, incorporating amendments, corrections, and the stylistic choices of those involved in its reproduction. The use of strike-outs and italics helps readers understand the changes made and provides a historical record of the document's development.
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Frequently asked questions
Parts of the Constitution that have been crossed out are no longer in use but are kept for historical value. They have been repealed, modified, or superseded by legitimate amendments.
The fugitives from labor provision, which gave slave owners the right to recapture runaway slaves, was nullified by the adoption of the 13th Amendment, which abolished slavery and prohibited involuntary servitude.
Apart from crossed-out sections, the Constitution also contains variations in punctuation, spelling, capitalization, and other stylistic details due to typesetting errors and printers' stylistic tastes. For example, in Article V, the date was written as "one thousand seven hundred and eight" instead of "one thousand eight hundred and eight."
Amendments to the Constitution are promulgated and ratified as stated in Article V. However, "amendments" by force of Supreme Court decisions are not included in the text of the Constitution.
