Citing The Constitution: Clause Edition

how to cite a clause of the constitution

The citation style for a clause of the constitution varies depending on the style guide being used. For example, the Bluebook style, APA style, and MLA style all have different conventions for citing clauses of the US Constitution. In this paragraph, we will outline the key features of each style and provide examples of how to cite a clause of the constitution correctly.

Characteristics Values
Start with "U.S." or the abbreviated name of the state
Article art. in APA, art. in MLA
Amendment amend. in APA, amend. in MLA
Section § in APA, sec. in MLA
Clause cl. in APA
Preamble pmbl. in APA
Article and amendment numbers Roman numerals (I, II, III)
Section and clause numbers Arabic numerals (1, 2, 3)
Parts of the Constitution currently in force No date included
Parts of the Constitution that have been repealed or amended Include the year in parentheses

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Citing the US Constitution in APA style

The Bluebook: A Uniform System of Citation is the standard reference for legal citations, and the APA Style Publication Manual bases its guidance on this.

When citing the US Constitution in APA style, you should always refer to the specific piece you are using, rather than the whole document. Begin with the abbreviation "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 "art.," "amend.," "§," and "cl.," respectively. 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).

For example, to cite Article I, Section 9, Clause 2, of the U.S. Constitution, the format would be: "U.S. Const. art. I, § 9, cl. 2."

If you are citing a provision that has been amended or repealed, include the date in parentheses. For example, "U.S. Const. amend. XVIII (repealed 1933)."

For state constitutions, use the abbreviated name of the state, e.g., "Md. Const." for the Maryland Constitution. State constitution article numbers use Roman numerals, but state constitution amendment numbers use Arabic numerals.

If you are unable to find specific guidelines for citing the US Constitution in APA style, you can create a generic reference using the following elements:

  • Who/Author: Who is responsible for the work? This can be a person (author or editor) or an organization.
  • When/Date: The year of publication, or "n.d." if no date is available.
  • What/Title: The title of the work you are using, not the larger "container" like a website. If there is no title, enclose the description in square brackets.

It is important to note that APA style does not require a citation for the entire US Constitution. Simply refer to it by name in the text, for example, "The U.S. Constitution has 26 amendments."

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Citing a state constitution

Firstly, when citing the federal constitution, you should begin with "U.S." or the abbreviated name of the relevant state. For example, "Mass." for Massachusetts.

The basic form for citing a state constitution is as follows:

> [Abbreviated name of Constitution] [art./amend.] [Article/Amendment number in Roman numerals] [,] [§] [Section number] [,] [pt.] [Part number in Roman numerals]

Using this format, a citation for the Massachusetts Constitution might look like this:

> Mass. Const. art. IX, § 1, cl. 2

Note that the terms "article," "amendment," "section," and "clause" are always abbreviated to "art.," "amend.," "§," and "cl.," respectively. 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 referring to a part of the constitution that has been repealed or amended, include the year of the change in parentheses. However, for parts of the constitution currently in force, do not include a date.

Additionally, according to Rule 11, you cannot use a short citation for constitutions other than "Id." Cite all foreign constitutions by name.

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Citing a foreign constitution

When citing a foreign constitution, it is important to follow the correct style and formatting rules. Here are some detailed instructions and tips for citing a foreign constitution:

  • Consult Style Guides: Familiarize yourself with reputable style guides, such as the Bluebook or ALWD. These guides provide comprehensive instructions for legal citations, including foreign materials and constitutions. The Bluebook, for example, offers guidelines in Rule 20 and Table 2 for citing foreign law and jurisdictions.
  • Abbreviations: When citing foreign constitutions, it is generally acceptable to use the abbreviation "Id." for short-form citations. Additionally, follow the guidelines for abbreviating subdivisions, such as articles and clauses, as outlined in The Bluebook (e.g., T16, pp. 327-28).
  • Capitalization: Ensure that you capitalize titles and retain the capitalization from the original document, as per Rule 20.2.2(b) of the Bluebook.
  • Non-English Sources: If you are citing a constitution in a language other than English, provide the full form of the source in its original language the first time you cite it. Then, provide the abbreviation in brackets. For languages that do not use the Roman alphabet, use a standard transliteration system, such as the ALA-LC Romanization tables (Rule 20.2.4).
  • Translation: When citing a foreign constitution that is not widely available in the original language to researchers in the United States, provide a translation. However, always cite the original source first and then create a parallel citation to its translation.
  • Jurisdiction: Include the jurisdiction at the end of the citation, before any parallel citations. You can use the abbreviations listed in Table 10 of The Bluebook. However, if the jurisdiction is clear from the context, you may omit it.
  • Harvard Referencing for EU Law: If you are citing European Union law, the Harvard style may be applicable. For judgments of the European Court of Justice and General Court, the in-text citation format is 'Name of case' (year). For the reference list, include the case number, publication title, section, and page numbers.
  • Treaties: When citing treaties, include the following elements: Treaty name, abbreviated names of treaty parties (if only two parties are involved), reference to a specific treaty article, date of signing, and treaty source(s). The formation of the citation may vary depending on whether the USA is a party to the treaty.
  • Examples: Refer to examples provided in style guides and online resources to understand the citation structure. For instance, the citation "Bundesverfassung [BV] [Constitution] Apr. 18, 1999, SR 101, art. 29 (Switz.)" refers to the Swiss Constitution.

Remember to adapt these guidelines to the specific style guide you are using and the requirements of your jurisdiction.

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MLA style citations

When citing a clause of the constitution in MLA style, there are several key guidelines to follow. Firstly, it is important to cite the specific pieces you are using, rather than the entire document. This involves including the article and section being referenced, as well as any amendments or clauses. For example, the citation should follow this format: ("Constitution of the United States," art. 1, sec. 4). Use the abbreviations "art." (Article), "amend." (Amendment), and "sec." (Section) as appropriate, and convert any Roman numerals to Arabic numerals (e.g., "XIV" becomes "14").

When citing a print version of the Constitution, always capitalize the "C" in "Constitution". Additionally, include information about where you accessed the document in the Works Cited entry. If you are citing an online version, provide the URL or DOI number. For a book or print edition, write the title in italics and list any editors or contributors.

It is worth noting that MLA style emphasizes the authorship of the work. Therefore, cite the author of the publication if they are identified. If not, start with the name of the national government, followed by the agency or subdivision. For US government documents, include the Government Printing Office as the publisher.

The date of access is optional in MLA 8th/9th edition, but it is recommended for pages that may change frequently or lack a fixed publication date.

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Roman numerals and Arabic numerals

When citing a clause of the US Constitution, the general rule is to cite the specific pieces you are using, instead of the whole document. Article and amendment numbers are written using Roman numerals (I, II, III), while section and clause numbers use Arabic numerals (1, 2, 3). For example, Article I, Section 9, Clause 2, of the U.S. Constitution would be cited as: U.S. Const. art. I, § 9, cl. 2.

The Roman numeral system, with its definitive stems and ceremonial structure, has endured for generations in various domains, including architecture, literature, and art. In the Roman system, the basic "digits" are the letters I, V, X, L, C, D, and M, which maintain their value regardless of position. When a higher numeral precedes a lower one, the values are added together. Conversely, when smaller values come first, they are subtracted from the larger values, and the result is added to the total.

In contrast, the Arabic numeral system is built for extreme functionality. Its characteristic bowls, descenders, counters, and apertures make it highly legible, which is why it was chosen for timekeeping in military watches during World War I and II. The Arabic system also introduced the concept of "zero" to the world, which the Roman system lacked.

Despite the widespread adoption of Arabic numerals for their practicality, Roman numerals still hold cultural significance. They are often used in contexts where permanence and tradition are valued, such as on the faces of clocks and watches, where they convey a sense of timelessness.

Frequently asked questions

The citation should begin with "U.S. Const." followed by the article, amendment, section, and/or clause numbers as relevant. 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). For example, "U.S. Const. art. I, § 9, cl. 2" refers to Article I, Section 9, Clause 2 of the U.S. Constitution.

When citing a state constitution, use the abbreviated name of the state followed by the relevant article, section, and/or clause numbers. For example, "Mass. Const. art. IX, pt. IV" refers to Article IX, Part IV of the Massachusetts Constitution.

In MLA style, use the abbreviation "art." (Article), "amend." (Amendment), and "sec." (Section) as appropriate in your citations. Convert any Roman numerals used in the text to Arabic numerals. For example, "art. 1, sec. 4" instead of "art. I, sec. IV".

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