Omar Bennett
The US Constitution is known for its grammatical errors, spelling mistakes, and ambiguous punctuation, including the use of random commas. The Second Amendment, for example, has been the subject of debate over gun rights due to the placement of commas. The original version of the Amendment includes three commas, which are confusing to modern readers. The commas have been interpreted differently, with some arguing that they link arms ownership to militia service, while others disagree. The use of commas in the US Constitution reflects the old school of punctuation in the English language, where punctuation was understood as a representation of spoken language. Today, punctuation is viewed as a way to match the structure of written text and silent reading. These random commas in the US Constitution highlight the human effort and challenges in crafting a lasting framework for governance.
| Characteristics | Values |
|---|---|
| Reason for commas | Old school of punctuation in the English language |
| To separate long subjects from their clauses for clarity | |
| To represent the way people spoke | |
| To link arms ownership to militia service | |
| Stylistic features | Capitalization of almost all nouns |
| Random stylistic variation | |
| Errors | Superfluous "s" in the 17th Amendment |
| Missing "s" | |
| Misplaced semicolon in Article VI | |
| Misplaced comma in Article II, Section 1 | |
| Misplaced comma in the Second Amendment |
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What You'll Learn
The Second Amendment's three commas
The Second Amendment to the United States Constitution is a highly debated and often scrutinized amendment, not only for its content but also for its peculiar use of punctuation. At first glance, one might notice the presence of three commas in the relatively short sentence that comprises the amendment. The placement of these commas may seem random, but they serve a specific purpose and have been the subject of much analysis and debate.
The second comma, coming after "Arms," is perhaps the most controversial. This comma has been dubbed the "comma of controversy" or the "mystery comma." Its presence suggests that the phrase "the right of the people to keep and bear Arms" is a parenthetical element within the sentence. One interpretation is that it indicates that the right to bear arms is subordinate to the preamble about a well-regulated militia, implying that the right is connected to service in a militia. Another interpretation is that the comma emphasizes the independence of the right, setting it apart as a stand-alone principle.
The final comma after "State" is often seen as less contentious. This "concluding comma" is typical of the punctuation style of the time and serves to emphasize the independence of the final phrase, "shall not be infringed." By setting off this phrase with a comma, it gains a sense of finality and importance, underscoring the unequivocal nature of the right being asserted. While modern punctuation styles might omit some of these commas, their presence in the Second Amendment reflects the punctuation conventions of the late 18th century and the specific intentions of the amendment's drafters.
The unusual comma usage in the Second Amendment has led to debates over the original intent of the amendment and how it should be interpreted today. These commas have been scrutinized by legal scholars, historians, and grammar enthusiasts alike, each bringing their own perspectives to bear on the matter. The debate surrounding the Second Amendment's commas highlights the intricate relationship between language, law, and historical context, demonstrating how even the smallest punctuation marks can have significant implications for how we understand and apply our constitutional rights.
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The 17th Amendment's missing comma
The 17th Amendment to the United States Constitution introduced a significant change in the process of selecting senators, transferring that power from state legislatures to direct election by the people. However, this amendment is also notable for another reason: the absence of a comma after the word "elections" in the second paragraph. This missing comma has sparked discussions and interpretations about its potential impact on the amendment's meaning and implementation.
Here's the relevant excerpt from the 17th Amendment, with the missing comma in question: "The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures. When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct."
The absence of a comma after "elections" has led to differing interpretations. One school of thought suggests that the lack of a comma indicates that the method of filling Senate vacancies is left to the discretion of the state. In other words, the state legislature can choose to either hold a special election or allow the executive to make a temporary appointment. This interpretation emphasizes the flexibility given to the states in filling Senate vacancies.
Another perspective argues that the missing comma does not significantly alter the meaning of the amendment. Proponents of this view suggest that the absence of a comma does not affect the understanding of the sentence and that the intent of the amendment is clear regardless of punctuation. They contend that the provision still conveys the same message and that the lack of a comma does not grant additional power to the states beyond what is explicitly stated.
The debate around the missing comma in the 17th Amendment highlights the importance of punctuation in legal documents. While it may seem like a minor detail, punctuation can impact the interpretation and implementation of constitutional amendments and laws. In this case, the missing comma has led to discussions about state power and the process of filling Senate vacancies, demonstrating the intricate nature of constitutional interpretation.
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The Second Amendment's interpretation
The Second Amendment to the United States Constitution reads: "A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." This amendment has been a source of intense debate and varying interpretations, with the placement and presence of commas being a particularly interesting aspect.
One school of thought, often attributed to a more originalist or strict interpretation, argues that the Second Amendment protects the right of individuals to possess firearms. This interpretation suggests that the amendment consists of a dependent clause ("A well-regulated Militia, being necessary to the security of a free State") and an independent clause ("the right of the people to keep and bear Arms, shall not be infringed"). The comma after the word "Arms" is seen as crucial because it separates and emphasizes the individual right to bear arms. This view holds that the Second Amendment guarantees a personal right to possess firearms, unrelated to service in a militia.
However, another interpretation, often associated with a more nuanced reading, suggests that the amendment is focused on the collective right of a "well-regulated Militia." According to this view, the comma after "Militia" serves to set off the dependent clause, indicating that the amendment's primary subject is the militia. Proponents of this interpretation argue that the amendment's intent was to ensure that state militias, comprising citizens, would have arms and remain a viable force, safeguarding against both external threats and potential tyranny by the federal government.
The placement of commas, particularly the one after "Militia," has significant implications for how the amendment is understood. Removing the comma after "Militia" could indicate that the right to bear arms is directly linked to service in a militia or a collective right tied to the maintenance of a functional militia system. On the other hand, retaining the comma could suggest a stronger emphasis on an individual right to bear arms, separate from militia service.
The interpretation of the Second Amendment has far-reaching consequences for gun control legislation and the understanding of constitutional rights in the United States. Originalist interpretations often lean towards protecting individual gun ownership rights, while more flexible interpretations allow for a broader scope of regulatory measures. The debate surrounding the Second Amendment's commas showcases how punctuation and grammatical structure can influence the interpretation of constitutional law and shape the understanding of fundamental rights and freedoms.
In conclusion, the interpretation of the Second Amendment, with its seemingly random commas, remains a contentious issue. The debate centers around the amendment's true scope and whether it protects an individual right to bear arms or a collective right linked to militia service. This disagreement highlights the complexity of constitutional interpretation and the impact of grammatical nuances on the legal understanding of fundamental rights.
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The Constitution's British influence
The United States Constitution, the nation's founding document, bears noticeable traces of British influence, particularly in its grammatical and stylistic conventions. One curious aspect is the presence of random commas, which may seem unnecessary or awkwardly placed to modern readers. So, why are these commas scattered throughout the Constitution?
When the Constitution was drafted in 1787, the grammatical rules and writing styles of the time were quite different from those of today. The influence of British English, which was the dominant form of English at the time, is evident in the punctuation and syntax used in the document. In the 18th century, commas were used more liberally and were often employed to indicate a slight pause or to separate ideas within a sentence. This usage reflects the influence of prominent British writers and grammarians of the period, such as John Dryden and Robert Lowth, who advocated for a more flexible and expressive use of punctuation.
The Constitution's commas often serve to clarify or emphasize certain phrases or provisions. For example, in Article I, Section 2, the comma after the word "apportioned" in the phrase "Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of free persons..." helps to set off the dependent clause and emphasize the method of apportionment. Similarly, commas are used to set off parenthetical phrases or to separate items in a list, as in Article I, Section 8, where a series of powers granted to Congress are listed, each separated by commas.
The influence of British legal and political thought is also evident in the structure and content of the Constitution. The document builds upon concepts of limited government, separation of powers, and individual rights that were developed in Britain and enshrined in documents such as the Magna Carta and the English Bill of Rights. The three branches of government established by the Constitution, for instance, reflect the influence of British political philosopher John Locke's theory of separation of powers.
Additionally, many of the drafters of the Constitution, including key figures such as James Madison and Alexander Hamilton, were well-versed in British law and political theory. They drew upon this knowledge in crafting a document that established a federal system of government with checks and balances, reflecting a fusion of British constitutional ideas with the unique needs and context of the emerging American nation.
In conclusion, the random commas in the US Constitution are a reflection of the document's British influences, both in terms of grammatical conventions and political thought. These commas, while sometimes appearing odd to modern readers, serve to clarify and emphasize key provisions, demonstrating the care and thought that went into drafting this foundational document of American democracy.
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Thomas Jefferson's proposed changes
Thomas Jefferson believed that the constitution should not be regarded as sacred and unchangeable. He argued that a dynamic society like that of the United States needed periodic constitutional revisions to keep up with the times and prevent it from being "suffocated by an out-of-date social contract".
Jefferson's proposed changes to the US Constitution included the addition of a written "bill of rights" to guarantee personal liberties such as freedom of religion, freedom of the press, freedom from standing armies, trial by jury, and habeas corpus. He also believed that the constitution should be amended to limit foreign influence on federal officials, lower the bar for future constitutional amendments, create uniform best-practices voting procedures for every national election, and clarify the war powers doctrine.
Jefferson also supported the idea of term limits for presidents, a proposal that gained traction after Franklin D. Roosevelt was elected to an unprecedented four terms. An early draft of the US Constitution restricted the president to one seven-year term, but the Framers ultimately approved four-year terms with no limit on the number of terms a person could serve. Jefferson himself decided not to run for a third term, helping to establish a two-term tradition.
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Frequently asked questions
The use of commas in the US Constitution is based on the old school of punctuation in the English language, where punctuation was understood as a way to represent in writing the way we speak. This is in contrast to modern punctuation, which aims to match the way we parse text with our eyes and use our inner voice to vocalize what we read.
The Second Amendment contains three commas, which are confusing to modern readers. According to the D.C. circuit court of appeals, the second comma divides the amendment into two clauses: one 'prefatory' and the other 'operative'. Gun control proponents argue that the founders used commas more frequently than common English today, while anti-gun academics claim that the framers intended to link arms ownership solely to militia service.
Yes, in addition to random commas, there are other punctuation errors in the US Constitution. For example, Article VI contains a misplaced semicolon that disrupts the sentence structure and suggests separate authority for treaties.
Yes, Thomas Jefferson tried to propose an alternate version of the Constitution without the first comma. However, he was too late, as the amendment had already been ratified.
