Citing Constitutional Amendments: When And Why?

do i need to cite constitutional amendments

When writing about the U.S. Constitution, it is important to know how to cite it correctly. The style of citation depends on the context in which you are referencing it. For example, if you are simply making a passing reference to it, you may not need to include a citation at all. However, if you are using a specific part of the Constitution as evidence to support a point, then a citation is necessary. The Bluebook Rule 11 covers federal and state constitutions and is a good resource for this. Additionally, the APA and MLA styles require both reference list entries and in-text citations for specific pieces of constitutions, while the Chicago style requires only footnote citations for legal documents, without the need for a bibliography entry. It is worth noting that when citing the Constitution, it is generally recommended to cite specific sections or amendments rather than the whole document.

Characteristics Values
Article and amendment numbers Given in Roman numerals (I, II, III)
Section and clause numbers Given in Arabic numerals (1, 2, 3)
Citing parts of the Constitution currently in force Do not include a date
Citing parts of the Constitution that have been repealed or amended Include the year that the part in question was repealed or amended in parentheses
Abbreviation for preamble pmbl.
Abbreviation for article art.
Abbreviation for amendment amend.
Abbreviation for section §
Abbreviation for clause cl.

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Citing US Constitution in APA style

The Bluebook: A Uniform System of Citation (18th ed., 2005; www.legalbluebook.com) is the go-to reference for citing the US Constitution in APA style. The Bluebook sets the standard for all legal citations, and the style for legal citations in the Publication Manual comes directly from it.

If you are simply making a passing reference to the US Constitution in an APA Style paper, you can mention it in the text without a reference list entry. However, if you are using a part of the Constitution as evidence to back up a point, you should construct the citation using Bluebook Rule 11, which covers federal and state constitutions.

All citations of the US Constitution begin with "U.S. Const.," followed by the article, amendment, section, and/or clause numbers as relevant. The terms article, amendment, section, and clause are abbreviated as "art.," "amend.," "§," and "cl.," respectively. Preamble is abbreviated as "pmbl." Article and amendment numbers are given in Roman numerals (I, II, III), while section and clause numbers use Arabic numerals (1, 2, 3). For parts of the Constitution currently in force, do not include a date.

  • During prohibition, the sale of liquor was made illegal (U.S. Const. amend. XVIII, repealed 1933).
  • The founding fathers addressed the process by which new states may join the union (U.S. Const. art. I, § 3).

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Article and amendment numbers

The US Constitution has 27 amendments, with the first 10 known as the Bill of Rights. These were ratified simultaneously on December 15, 1791, and include fundamental freedoms, the right to bear arms, and the right against cruel and unusual punishment.

The remaining 17 amendments were ratified individually and cover a range of topics, including the abolition of slavery (13th Amendment), equal protection and other rights (14th Amendment), and the right of citizens to vote (15th Amendment). The 18th Amendment, ratified in 1919, established the prohibition of alcohol, but it was later repealed by the 21st Amendment in 1933.

The process of amending the Constitution is detailed in Article Five of the US Constitution, which outlines a two-step process. Amendments must be ratified by a three-fourths majority of states (38 out of 50) or by state ratifying conventions in three-fourths of the states. Congress has stipulated that amendments should be ratified within seven years of their submission to the states to become part of the Constitution. This was affirmed by the Supreme Court in Coleman v. Miller (1939).

Proposals to amend the Constitution are common, with approximately 11,848 introduced in Congress since 1789. However, none of the recent proposals have become part of the Constitution.

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Referencing repealed amendments

The process of repealing a constitutional amendment is a challenging and rare occurrence. The Constitution's Article V outlines that an amendment must be proposed by two-thirds of the House and Senate or through a constitutional convention called for by two-thirds of state legislatures. The 18th Amendment, which established Prohibition, is the only amendment to have been repealed by the states. The 21st Amendment, which repealed the 18th Amendment, is also unique for being ratified by state ratifying conventions.

When referencing repealed amendments, it is essential to acknowledge the complexity and significance of the process. It is worth noting that the odds of repealing a constitutional amendment are exceptionally slim, akin to the likelihood of an 80-year-old being struck by lightning, according to the National Weather Service data. This rarity underscores the enduring nature of constitutional amendments and the challenges associated with their repeal.

In academic or legal writing, it is crucial to provide clear and accurate citations for any referenced repealed amendments. Standard citation styles, such as The Bluebook, should be consulted to ensure consistency and compliance with established conventions. Proper citations facilitate transparency, enable readers to locate the source material, and contribute to the overall credibility of the work.

When referencing a repealed amendment, include the amendment number, the date of its ratification, and the content or subject matter it addressed. For example, when citing the 18th Amendment, you could write: "The Eighteenth Amendment to the Constitution of the United States, ratified on January 16, 1919, established a nationwide prohibition on alcohol." Additionally, mention the repealing amendment, such as the 21st Amendment, and provide relevant dates and context for the repeal.

It is worth noting that discussions around repealing amendments, even if they don't come to fruition, can be noteworthy. For instance, there has been talk of repealing or modifying the Second Amendment, rooted in the English Declaration of Rights, which guarantees the right to bear arms. While these discussions may not lead to concrete changes, they reflect ongoing debates and shifting perspectives on specific constitutional provisions.

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Citing federal constitution

The Bluebook: A Uniform System of Citation sets the standard for all legal citations, including federal and state constitutions. The Bluebook rules are also used for legal citations in the APA Style Publication Manual.

When citing the federal constitution in APA Style, begin with "U.S. Const." followed by the article, amendment, section, and/or clause numbers as relevant. The terms article, amendment, section, and clause are always abbreviated as "art.," "amend.," "§," and "cl.," respectively. Preamble is abbreviated as "pmbl." Article and amendment numbers are given in Roman numerals (I, II, III), while section and clause numbers are given in Arabic numerals (1, 2, 3).

If you are citing a part of the Constitution that is currently in force, do not include a date. However, if you are referring to a part of the Constitution that has been repealed or amended, include the year that the part in question was repealed or amended in parentheses.

For example, a citation to the First Amendment of the U.S. Constitution would appear as follows: "U.S. Const. amend. I."

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Using Bluebook Rule 11

When writing a scholarly article, it is important to provide correct attribution to your sources. The Bluebook: A Uniform System of Citation is a style guide that provides a standardised system for legal citation in the United States. Rule 11 of The Bluebook (22d ed. 2025) covers the citation of constitutions.

Abbreviations and Capitalisation:

  • Use the abbreviated form "U.S." for the United States Constitution.
  • Use small caps font for "U.S." and "Const." (e.g., U.S. Const.).
  • Capitalise subdivisions and names for the U.S. Constitution (e.g., U.S. CONST. art. IV, § 1).
  • Do not capitalise subdivisions and names for state constitutions (e.g., S.C. CONST. art. I, § 12).

Full Citations and Short Forms:

  • Write out the full citation if referring to a constitution in a textual sentence, or refer to the provision by name.
  • Do not use a short form other than "id." where appropriate for constitutions.
  • Only abbreviate words in Tables 10 and 16 when the citation is used in a footnote.

Publisher and Database Information:

  • Follow the basic structure of the citation but add a parenthetical identifying the publisher, editor, or compiler, as well as the database and its currency.
  • For example: "U.S. Const. amend. XIII, § 1 (LexisNexis, Lexis+ current through 2022 general election)".

State Constitutions:

  • When citing state constitutions, begin with the abbreviated name of the state (see Table 10 for abbreviations).
  • For example: "Ohio Const. art. I" or "Ohio Const. art. 1".

Remember to consult the latest edition of The Bluebook for the most up-to-date and comprehensive guidance on legal citation.

Frequently asked questions

Article and amendment numbers are given in Roman numerals (I, II, III), while section and clause numbers are given in Arabic numerals (1, 2, 3). All citations of the U.S. Constitution begin with "U.S. Const.," followed by the article, amendment, section, and/or clause numbers as relevant.

The Bluebook states that for parts of the Constitution currently in force, do not include a date. However, if you are referring to a part of the Constitution that has been repealed or amended, include the year in parentheses.

Generally, you don't. When citing the Constitution, cite the specific pieces you are using, instead of the whole document.

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