Eleanor Finch
The Bluebook: A Uniform System of Citation outlines specific rules for citing the US Constitution. According to Rule 11, the citation for the US Constitution is U.S. Const. followed by the amendment, article, section, and clause numbers. For example, the correct citation for the US Constitution, 14th Amendment, Section 2, is U.S. Const. amend. XIV, § 2. It is important to note that when citing constitutions, only Id. can be used as a short cite, and all foreign constitutions must be cited by name.
| Characteristics | Values |
|---|---|
| Format | U.S. Const. amend. [amendment number], § [section number] |
| Example | U.S. Const. amend. XIV, § 2 |
| State Constitutions | [abbreviated state name] Const. |
| Example | Haw. Const. art. IX, § 1, cl. 2 |
| Short Form | Use "Id." for short citations |
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What You'll Learn
Citing the US Constitution in the Bluebook
The Bluebook: A Uniform System of Citation provides comprehensive guidelines for citing legal documents, including the US Constitution. Here's a detailed guide on how to cite the US Constitution in the Bluebook:
Understanding the Basics
Start by familiarizing yourself with the latest edition of The Bluebook, which is currently in its 21st edition as of 2020. The Bluebook is periodically updated, so ensure you're referencing the most recent version to avoid outdated information.
Citing Structure and Format
When citing the US Constitution in the Bluebook, the basic structure is as follows:
- US Citation Abbreviation: Use "U.S." as the abbreviated form for the United States.
- Constitutional Indicator: After the abbreviation, include "Const." to indicate that you're referring to the Constitution.
- Amendment, Article, Section, and Clause: Depending on the specific part of the Constitution you're citing, include the relevant amendment, article, section, and/or clause.
Here's an example of how to cite the 14th Amendment, Section 2 of the US Constitution:
Correct Citation: U.S. Const. amend. XIV, § 2
Rules and Additional Considerations
There are a few important rules and considerations to keep in mind:
- Rule 11 (Constitutions) and Rule 12 (Statutes): These rules in The Bluebook outline the specific guidelines for citing constitutions and statutes, respectively.
- State Constitutions: When citing state constitutions, use the abbreviated state name followed by "Const." For example, "Tex. Const." for the Texas Constitution.
- Foreign Constitutions: According to Rule 11, always cite foreign constitutions by their full names.
- Short Citations: Rule 11 states that you cannot use a short cite for constitutions other than "Id."
- Online Databases: When citing constitutions or statutes from online databases, provide the name of the database and information about its currency or publication details.
- Punctuation: Proper punctuation is essential. End a citation sentence with a period and a citation clause with a semicolon. Incomplete punctuation will render the citation unfinished.
By following these guidelines, you can accurately cite the US Constitution using the Bluebook style, ensuring clarity and consistency in your legal references.
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Citing state constitutions
When citing state constitutions according to the Bluebook style, the general format is as follows:
For example, to cite Article X, Part IV of the Louisiana Constitution, the correct citation would be:
LA. Const. art. X, pt. IV
Note that the Bluebook style uses small caps typeface for the word "CONST." and any abbreviated subdivisions, as demonstrated in the example. The specific abbreviations for state names and subdivisions can be found in Tables 10 and 16 of the Bluebook manual, respectively.
Additionally, if you are citing a current provision of the state constitution that is still in force, no date is needed. However, for repealed or amended provisions, you should indicate either the year and action or cite the relevant provision in full. For example:
LA. Const. amend. XVIII (repealed 1933)
LA. Const. art. I, § 3, cl. 1 (amended 1913)
It is also important to note that, according to Rule 11 of the Bluebook, you cannot use a short cite form for constitutions other than "Id." where appropriate.
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Rules for citing online databases
The Bluebook (20th edition) outlines specific rules for citing online sources and electronic resources. Rule 18 covers how to cite internet sources, with sub-rules detailing the specific formats for different types of online content.
Firstly, it is important to note that the Bluebook encourages citation of print sources over online sources whenever possible. If a print source is available, it is preferable to cite it, even if there is a digital version. However, if the print source is unavailable or difficult to access, an online source can be cited, preferably with a link to improve accessibility.
For online databases, there are a few rules to follow. If the database contains an exact copy of a print source, such as a PDF with page numbers, it can be cited as if it were the print version (Rule 18.2.1(a)(iii)). For example, an exact PDF copy of a law review article found online can be cited as if it were the print version.
However, if the online database does not preserve the original pagination or formatting of the print source, it cannot be cited as a print source. In this case, follow Rule 18.3 for electronic citations.
Additionally, if an online source combines characteristics of a print source with electronic features, it can be cited using a combination of print and electronic citation styles (Rule 18.2.1(b)). For example, cite it as a print source and then add the URL after the citation. This is applicable when the print source is obscure or difficult to access, and including the URL improves accessibility.
When citing an online database that does not have a print equivalent, follow Rule 18.2.2. Include the title, pagination, and publication date as they appear on the webpage.
It is worth noting that specific types of online content, such as online newspapers, may have their own rules. For instance, Rule 16.6(f) states that an online newspaper article can be cited in place of a print version, following Rule 18.2.2, with the full author's name, article title, abbreviated newspaper title, full date, and URL.
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Rules for citing session laws
When citing session laws, there are several rules to follow. Firstly, if the name of the act is known, include it in your citation. If the name is not apparent, cite the date of the act. For instance:
> National Environmental Policy Act of 1969, Pub.
If the name is unknown, cite the act as follows:
> Act of July 19, 1985, Pub. L. No. 99-68, 99 Stat. 57.
Additionally, if the act has a Public Law number, include it in your citation. Also, specify the section if you are citing a specific section within the act. The volume and title of the session law publication should also be included in your citation. If you are pinpoint citing, provide the page number within the act that you are referencing.
For session laws prior to 1969, it is important to note that Illinois did not use the Public Act numbering system. Thus, the citation structure may differ. For instance:
> Criminal Code of 1961, 1961 Ill. Laws 1983.
Furthermore, when citing United States legislative material (excluding debates), include the title (if relevant), the abbreviated name of the chamber, the material number, and the year of publication. State materials are usually cited in the same manner.
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Rules for citing statutes
The Bluebook: A Uniform System of Citation provides rules and guidelines for citing legal documents, including statutes and constitutions. The following are some instructions for citing statutes in accordance with Bluebook rules:
Citing Statutes in Force
Citations for statutes that are currently in force should refer to the current official statutory code. Bluebook Rule 12 specifies that if a statute is still in force, the citation should include the official code or its supplement if available. The year of the code is optional if citing the current code. For example, the proper citation for a statute discussing civil actions for deprivation of rights would be: "42 U.S.C. § 1983".
Citing Statutes No Longer in Force
If citing a statute that is no longer in force, refer to the current code if the statute is still listed within it. If not, cite the last edition of the code in which the statute appeared. For example, a citation for a repealed provision of the US Constitution would be: "U.S. CONST. amend. XVIII (repealed 1933)".
Statute Name and Section Number
The statute's name and original section number should only be included if the statute is commonly cited that way or if it aids in identification. For example, "Digital Millennium Copyright Act (DMCA) § 103, 17 U.S.C. § 1201 (2006)".
Unofficial Codes
If a current official code does not exist, cite a current unofficial code or its supplement. Unofficial codes include the United States Code Annotated (U.S.C.A.) and the United States Code Service (U.S.C.S.). For example, a citation for an unofficial US Code section would be: "National Environmental Policy Act of 1969 § 102, 42 U.S.C. § 4332".
Commercial Electronic Databases
When using commercial electronic databases such as Lexis or Westlaw, include the currency of the database in parentheses. For example, "National Environmental Policy Act of 1969 § 102, 42 U.S.C. § 4332 (West 2008)".
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Frequently asked questions
U.S. Const.
U.S. Const. amend. XIV, § 2.
No, according to Rule 11, Constitutions, you cannot use a short cite other than "Id." for constitutions.
