Malcolm Rivera
The citation format for legal documents varies depending on the style guide being used. For example, the MLA Style Center's guide on Documenting Legal Works in MLA Style recommends listing the section of the United States Constitution in the Works Cited as: United States Constitution. Art./Amend. XII, Sec. 3. The APA Style Blog also provides guidance on how to cite the U.S. Constitution. If referring to a part of the Constitution that has been repealed or amended, it is important to include the year in parentheses, e.g. U.S. Const. amend. XIX for the 19th Amendment or U.S. Const. amend. XVIII (repealed 1933) for the repealed 18th Amendment.
| Characteristics | Values |
|---|---|
| Start with | Abbreviation: U.S. Const. |
| Article | Art./Amend. XII, Sec. 3 |
| Amendment | amend. XIX |
| Year of repeal | (repealed 1933) |
| APA style | Refer to APA Style Blog - How to Cite the U.S. |
| MLA style | Refer to MLA Style Center page on Documenting Legal Works in MLA Style |
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What You'll Learn
Citing an amendment to the US Constitution in text
When citing an amendment to the US Constitution in text, there are a few key guidelines to follow. Firstly, if you are simply making a passing reference to the US Constitution, you can mention it in the text without a reference list entry, regardless of the style guide you are using (e.g. APA, MLA). However, if you are using a specific part of the US Constitution as evidence to support a point, a formal citation is required.
The specific format of the citation may vary depending on the style guide you are using. For example, in APA style, you would follow the guidelines provided in The Bluebook: A Uniform System of Citation. According to Bluebook Rule 11, which covers federal and state constitutions, all citations of the US Constitution begin with "U.S. Const.", followed by the relevant article, amendment, section, and/or clause numbers. The terms "article" and "amendment" are abbreviated as "art." and "amend.", respectively, while "section" and "clause" are abbreviated as "§" and "cl.". It is important to note that article and amendment numbers are given in Roman numerals (I, II, III), while section and clause numbers use Arabic numerals (1, 2, 3). Additionally, if you are referring to a part of the Constitution that has been repealed or amended, include the year of the change in parentheses. For example, "U.S. Const. amend. XIX" would be the citation for the 19th Amendment, which granted women the right to vote in 1920.
It is worth noting that The Bluebook specifies that for parts of the Constitution currently in force, a date is not included in the citation. This is because the US Constitution, in its entirety, is considered a single, unified document that remains in effect. Therefore, when citing a specific amendment or article, the focus is on the content and its ongoing relevance rather than a specific date of enactment.
By following these guidelines, you can ensure that your citations of amendments to the US Constitution are accurate and conform to the standards of the chosen style guide, such as APA with The Bluebook's specifications.
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Referencing an amendment to the US Constitution
The process of amending the US Constitution is a complex one, and there are specific procedures that must be followed for an amendment to be valid and recognised as part of the Constitution. This process is outlined in Article V of the Constitution, which states that an amendment may be proposed by a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the State legislatures.
Once an amendment is proposed, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. This includes verifying that the amendment has been ratified by three-fourths of the States (38 out of 50) and drafting a formal proclamation certifying that the amendment is valid.
The original document proposing an amendment is forwarded to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR plays a crucial role in the amendment process by examining ratification documents, maintaining custody of them, and publishing the final certification in the Federal Register and U.S. Statutes at Large. The OFR also provides an information package for the States, which includes formal "red-line" copies of the joint resolution and copies of the resolution in slip law format.
It is important to note that none of the amendments to the US Constitution have been proposed by a constitutional convention. All amendments have been proposed by Congress in the form of a joint resolution, which does not require the signature or approval of the President.
When referencing an amendment to the US Constitution, it is essential to understand the roles of the Archivist of the United States, the Director of the Federal Register, and the OFR in the amendment process. The specific steps outlined above ensure the validity and official recognition of any changes made to the Constitution.
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APA Style Blog citation guidance
APA style is commonly used for citing references in academic journals and reports. The following guidelines outline how to cite a constitutional amendment in APA style.
Firstly, if you are simply making a passing reference to the U.S. Constitution, you can mention it in text without a reference list entry. However, if you are citing a specific part of the Constitution as evidence, you should follow Bluebook Rule 11, which covers federal and state constitutions.
All citations of the U.S. Constitution should 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. 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, to cite the Eighteenth Amendment, which established prohibition, the citation would look like this:
> U.S. Const. amend. XVIII
If you are referring to a part of the Constitution that has been repealed or amended, include the year in parentheses, as follows:
> U.S. Const. amend. XVIII (repealed 1933)
In-text citations should include either the article or amendment, along with any relevant section or clause numbers. For example:
> Constitution of the United States, art. 3, sec. 5
If you are trying to cite a source that is not listed in the APA guidelines, you can create a generic reference. The Publication Manual lists certain elements that should be included in a generic reference, such as the author or source, date, and title.
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MLA Style Center citation guidance
The MLA Style Center is the only authorized website on MLA style and provides guidance on citing legal documents, including the U.S. Constitution and its amendments.
When citing the U.S. Constitution in MLA style, the Works Cited entry should include information about where the document was accessed. In the in-text citation, use article/amendment and section numbers instead of page numbers. For example, the in-text citation for the Twelfth Amendment, Section 3 of the U.S. Constitution would be (US Const. amend. XII, sec. 3).
If the U.S. Constitution is published in a named edition, it should be treated like the title of a book and italicized. For example, *The Constitution of the United States: A Transcription* or *The Constitution of the United States, with Case Summaries*. When mentioning the Constitution in the text, it can be referred to as "the Constitution" without italics or quotation marks.
When citing a specific section of the United States Code, it is acceptable to cite the web page for that section alone. The United States House of Representatives is typically listed as the author of the code. If citing a court case, begin the entry with the title of the case before providing the Bluebook citation.
It is important to note that ordinal numbers should be spelled out (e.g., First Amendment), while count numbers should be in numerals (e.g., Amendment V). Roman numerals can be used for divisions of legal works that conventionally use them.
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Purdue Online Writing Lab
The Purdue Online Writing Lab (OWL) is an extensive resource for writers and students, offering guidance on various citation styles, including APA and MLA. When citing a US constitutional amendment in APA style, the OWL recommends the use of the standard legal citation style, Bluebook. In-text citations for the US Constitution follow a specific format: "U.S. Const. art. ###, § x. ###" represents an article number, while "U.S. Const. amend. ###" indicates an amendment number. For example, "U.S. Const. amend. XIV, Sec. 2" denotes Amendment XIV, Section 2 of the US Constitution. If an amendment has been repealed, the year is added in parentheses: "repealed year".
For MLA style, the Purdue OWL provides guidance on the MLA Style Center's page on documenting legal works. When referencing the US Constitution in the body of the text, it is written as "the Constitution." If a named edition is used, it should be treated like a book title: "The Constitution of the United States, with Case Summaries." In-text citations for a named edition would look like this: (Constitution of the United States, with Case Summaries). The country of origin should be specified if it is not clear from the title, for example, "France. Le Constitution."
In both styles, article and amendment numbers are given in Roman numerals, while section and clause numbers use Arabic numerals. When citing a currently enforced part of the Constitution, no date is necessary. However, if referring to a repealed or amended section, include the year of alteration in parentheses.
The Purdue OWL also offers insights into citing court decisions and cases, federal statutes, and state constitutions, ensuring writers have a comprehensive guide to legal citations.
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Frequently asked questions
Use the format: U.S. Const. amend. [amendment number] (year amended or repealed). For example: U.S. Const. amend. XIX (1920).
Cite a section of the U.S. Constitution in your reference list as follows: U.S. Const. art. [article number], § [section number]. For example: U.S. Const. art. IV, § 3.
The APA recommends following the Bluebook uniform system of citation for legal materials. Start with the abbreviation U.S. Const., followed by the article, amendment, section, and/or clause numbers as applicable.
