Memorandum of Law on the Name
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US Government Style Manual

Is the spelling and usage of a proper name defined officially by US Government? Yes. The United States Government Printing Office in their "Style Manual," March 1984 edition (the most recent edition published as of March 2000), provides comprehensive grammar, style and usage for all government publications, including court and legal writing.

Chapter 3, "Capitalization," at § 3.2, prescribes rules for proper names:

"Proper names are capitalized. [Examples given are] Rome, Brussels, John Macadam, Macadam family, Italy, Anglo-Saxon.

At Chapter 17, "Courtwork, the rules of capitalization," as mentioned in Chapter 3, are further reiterated:

"17.1. Courtwork differs in style from other work only as set forth in this section; otherwise the style prescribed in the preceding sections will be followed."

After reading §17 in entirety, I found no other references that would change the grammatical rules and styles specified in Chapter 3 pertaining to capitalization.

At § 17.9, this same official US Government manual states:

"In the titles of cases the first letter of all principal words are capitalized, but not such terms as defendant and appellee."

This wholly agrees with Texas Law Review's Manual on "Usage & Style" as referenced above.

Examples shown in § 17.12 are also consistent with the aforementioned §17.9 specification: that is, all proper names are to be spelled with capital first letters; the balance of each spelled with lower case letters.


Grammar, Punctuation,
and Capitalization

"The National Aeronautics and Space Administration" (NASA) has publish one of the most concise US Government resources on capitalization. NASA publication SP-7084, "Grammar, Punctuation, and Capitalization." A Handbook for Technical Writers and Editors, was compiled and written by the NASA Langley Research Center in Hampton, Virginia. At Chapter 4, "Capitalization," they state in 4.1 "Introduction:"

"First we should define terms used when discussing capitalization:

• All caps means that every letter in an expression is capital, LIKE THIS.

• Caps & lc means that the principal words of an expression are capitalized, Like This.

• Caps and small caps refer to a particular font of type containing small capital letters instead of lowercase letters.

Elements in a document such as headings, titles, and captions may be capitalized in either sentence style or headline style:

• Sentence style calls for capitalization of the first letter, and proper nounsof course.

• Headline style calls for capitalization of all principal words (also called caps & lc).

Modern publishers tend toward a down style of capitalization, that is, toward use of fewer capitals, rather than an up style."

Here we see that in headlines, titles, captions, and in sentences, there is no authorized usage of all caps. At 4.4.1. "Capitalization With Acronyms," we find the first authoritative use for all caps:

"Acronyms are always formed with capital letters. Acronyms are often coined for a particular program or study and therefore require definition. The letters of the acronym are not capitalized in the definition unless the acronym stands for a proper name:

Wrong - The best electronic publishing systems combine What You See Is What

You Get (WYSIWYG) features...

Correct - The best electronic publishing systems combine what you see is what you get (WYSIWYG) features...

But Langley is involved with the National Aero-Space Plane (NASP) Program.”

This cites, by example, that using all caps is allowable in an acronym. "Acronyms" are words formed from the initial letters of successive parts of a term. They never contain periods and are often not standard, so that definition is required. Could this apply to lawful proper Christian names? If that were true, then JOHN SMITH would have to follow a definition of some sort, which it does not. For example, only if JOHN SMITH were defined as 'John Orley Holistic Nutrition of the Smith Medical Institute To Holistics (JOHN SMITH)' would this apply.

The most significant section appears at 4.5., "Administrative Names":

"Official designations of political divisions and of other organized bodies are capitalized:

• Names of political divisions;

• Canada, New York State;

• United States Northwest Territories;

• Virgin Islands, Ontario Province;

• Names of governmental units, US Government Executive Department, US Congress, US Army;

• US Navy.”

According to this official US Government publication, the States are never to be spelled in all caps such as “NEW YORK STATE.” The proper English grammar — and legal — style is “New York State.” This agrees, once again, with Texas Law.

Review's Manual on Usage & Style.

The Use of a Legal Fiction

The Real Life Dictionary of the Law

The authors of "The Real Life Dictionary of the Law," Gerald and Kathleen Hill, are accomplished scholars and writers. Gerald Hill is an experienced attorney, judge, and law instructor. Here is how the term legal fiction is described:

"Legal fiction. n. A presumption of fact assumed by a court for convenience, consistency orto achieve justice. There is an old adage: Fictions arise from the law, and not law from fictions.'

 

Oran's Dictionary of the Law

From Oran's "Dictionary of the Law," published by the West Group 1999, within the definition of "Fiction" is found:

"A legal fiction is an assumption that something that is (or may be) false or nonexistent is true or real. Legal fictions are assumed or invented to help do justice. For example, bringing a lawsuit to throw a nonexistent ‘John Doe’ off your property used to be the only way to establish a clear right to the property when legal title was uncertain."

 

Merriam-Webster's Dictionary of Law

"Merriam-Webster's Dictionary of Law" 1996 states:

"legal fiction: something assumed in law to be fact irrespective of the truth or accuracy of that assumption. Example: the legal fiction that a day has no fractions — Fields V. Fairbanks North Star Borough, 818 P.2d 658 (1991)."

This is the reason behind the use of all caps when writing a proper name. The US and State Governments are deliberately using a legal fiction to "address" the lawful, real, flesh-and-blood man or woman. We say this is deliberate because their own official publications state that proper names are not to be written in all caps. They are deliberately not following their own recognized authorities.

In the same respect, by identifying their own government entity in all caps, they are legally stating that it is also intended to be a legal fiction. As stated by Dr. Mary Newton Bruder in the beginning of this memorandum, the use of all caps for writing a proper name is an "internal style" for what is apparently a pre-determined usage and, at this point, unknown jurisdiction.

The main key to a legal fiction is assumption as noted in each definition above.

Conclusion: There are no official or unofficial English grammar style manuals or reference publications that recognize the use of all caps when writing a proper name. To do so is by fiat, within and out of an undisclosed jurisdiction by unknown people for unrevealed reasons, by juristic license of arbitrary presumption not based on fact. The authors of the process unilaterally create legal fictions for their own reasons and set about to get us to take the bait, fall for the deceit.

 
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