Eleanor Finch
Purdue University's Online Writing Lab (OWL) is a popular online resource for citation guidance. It covers various citation styles, including the Chicago Manual of Style (CMS) and the Modern Language Association (MLA) style. Purdue OWL recommends The Bluebook style guide for citing legal materials, which includes the constitution. The Bluebook style is used in the American legal profession and recommended by CMS for legal citations. Purdue OWL provides guidance on citing the constitution, legal and government documents, unpublished materials, and more. It also offers tips on formatting and structure, making it a valuable tool for anyone needing citation assistance.
| Characteristics | Values |
|---|---|
| Case name | Use the abbreviated title of the constitution |
| Case name | If the first party is a governmental entity, cite the name of the second party |
| Case name | Use the first few words of the case name, or an abbreviated form of the party's title |
| Case reference | Specify the subdivision of the document being referred to |
| Case reference | Use the chapter or section(s) being referred to |
| Case reference | Indicate if the statute has been repealed or amended, and the year |
| Case reference | Include the year in which the source was published (codes) |
| Case reference | Include the year in which it was enacted (session laws) |
| Case reference | Use the appropriate section of the code, if possible |
| Case reference | Use "at" to cite a particular page in a case |
| Case reference | Cite the page number on which the case begins, if citing the case as a whole |
| Case reference | Use "Ibid." when citing the same source and page number consecutively |
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What You'll Learn
Citing the constitution of a governmental entity
When citing the constitution of a governmental entity, it is important to adhere to the specific style guidelines outlined by the Chicago Manual of Style, which is the preferred style guide for citing legal materials.
Firstly, it is crucial to utilise the Bluebook style guide, which is the standard reference guide in the American legal profession. This guide provides comprehensive instructions for citing legal materials, including the constitution.
When specifically citing the constitution of a governmental entity, the following format should be used:
> Abbreviated title of the constitution, subdivision/section/chapter, year, page number.
For example, if you are citing the United States Constitution, the citation would look like this:
> U.S. Const. amend. V
Here, "U.S. Const." is the abbreviated title, "amend. V" refers to the specific amendment being cited (in this case, the Fifth Amendment), and you can add the specific section or clause number if needed.
It is important to note that there is no short form for constitutional citations. The full title of the constitution should be used, followed by the specific subdivision being referenced. Additionally, include the year the constitution was enacted or the year of publication for the specific code being cited.
When citing legal materials, it is common to use footnotes, endnotes, and/or citation sentences. These notes should include essential information such as the case name, number, volume number, reporter's name(s), and the abbreviated name of the court and the date.
Remember, the Chicago Manual of Style 17th Edition provides detailed guidelines for citing various sources, and the Purdue Online Writing Lab (OWL) is a valuable resource for specific citation queries.
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Short-form citation of a case
The Bluebook style guide is used in the American legal profession for citation of all relevant sources. The Chicago Manual of Style recommends its use for all citation of legal material.
In the short-form citation of a case, you are free to shorten the case name to only the first party or even an abbreviated form of that party’s title. For example, Federal Rules Decisions is shortened to “F.R.D.”, and the United States District Court for the Western District of Pennsylvania is abbreviated to “W.D. Pa.”.
However, if the first party is a governmental entity, geographical unit, or other such entity, this may not be a helpful citation. For instance, citing a case name as “United States” doesn’t narrow it down enough to be useful. In these cases, cite by the name of the second party.
If you are citing a specific point in the case, you may use only that page number and eliminate the page that the case begins on. If you are still citing the case as a whole, retain the page number on which the case begins. For example:
> Shortened Case Name, Source at page number. Ex rel. Mayo, 54 F.R.D. at 282.
When citing the constitution of a governmental entity, use the abbreviated title of the constitution, then specify the subdivision of the document you are referring to.
Short-form citations for statutes need to include the section number as well as the minimum information necessary to identify which of your previously-cited authorities the citation refers to. For example:
> Act Title, Source § number (year). The Guano Islands Act, 48 U.S.C. ch. 8 §§1411-12 (2012).
In general, one should abbreviate to the degree possible without losing necessary information. The Bluebook recommends, for instance, shortening any procedural phrases to abbreviations such as “In re” or “Ex parte”, as well as using any commonly-understood abbreviations to shorten the names of the parties, e.g. “Univ.” rather than “University”.
Notes for court cases should include the case name, number, volume number, abbreviated name(s) of the reporter, and, in parentheses, the abbreviated name of the court and the date. Case names written in full are typeset in roman, while in subsequent shortened citations, the short form of the case name is italicized.
In Chicago style, the first time an item is cited, provide a full citation for it. For subsequent citations, use a shortened version of the footnote, which includes the author's last name and a shortened form of the title (2-4 words; omit initial articles such as "a", "an", or "the" from the title).
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Citing a specific point in a case
The Chicago Manual of Style recommends using the Bluebook style guide for citation of legal material. Here are some guidelines for citing a specific point in a case:
Short-Form Citations
In short-form citations, you can use an abbreviated form of the first party's name, unless the first party is a governmental entity, geographical unit, or similar. In such cases, cite by the name of the second party. For example, instead of citing "United States v.", cite the case by the name of the opposing party.
Page Numbers
When citing a specific point in a case, include only the page number of the specific point and omit the page on which the case begins. However, when citing the case as a whole, retain the page number where the case begins. For example: "Shortened Case Name, Source at page number. Ex rel. Mayo, 54 F.R.D. at 282".
Constitutional Citations
When citing the constitution of a governmental entity, use the abbreviated title of the constitution, followed by the specific subdivision being referenced. For example: "Const. art. I, § 9, cl. 2". There is no short form for constitutional citations.
Statute Citations
Statute citations should include the act title, source, section number, and year. For example: "The Guano Islands Act, 48 U.S.C. ch. 8 §§1411-12 (2012)". If a statute has been repealed or amended, indicate this with the year in parentheses at the end of the citation: "Utah Crim. Code § 76-7-104 (1973) (repealed 2019)".
Abbreviations
Abbreviate where possible without losing necessary information. For example, use commonly understood abbreviations for party names, such as "Univ." for "University". Procedural phrases can also be shortened, such as "In re" or "Ex parte".
Notes and Bibliographies
When using the Notes-Bibliography System (NB), include a superscript number corresponding to a note, along with the bibliographic information for the source. If a bibliography is included, only the first note for each source needs to include the author's full name, source title, and publication details. Subsequent notes can be shortened to the author's surname, an abbreviated title, and page number(s). If there is no bibliography, repeat the full citation when a source is first used in a new chapter.
Formatting
Book and periodical titles should be italicized, while article and chapter titles should be enclosed in double quotation marks. Titles mentioned in the text, notes, or bibliography should be capitalized "headline-style", with the first words of titles and important words capitalized.
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Citing unpublished materials
When citing legal, public, and unpublished materials, it is important to note that law journals or other legal publications are not usually required to be cited in a bibliography or on a references page. Citation sentences alone are an acceptable form of citation, as long as the document has only a few legal citations.
Notes for court cases should include the case name, number, volume number, abbreviated name(s) of the reporter, and, in parentheses, the abbreviated name of the court and the date. Case names written in full are typeset in roman, while in subsequent shortened citations, the short form of the case name is italicized.
Letters and unpublished materials that have not been archived may be cited like other unpublished material, with information on location replaced by wording such as "private collection of [Name]" or "in the author's possession." The location is not mentioned.
Public documents should include the elements needed to locate the items. These essential elements often include the country, city, state, province, county, legislative body, executive department, court, bureau, board commission, or committee, etc.
Firstname Lastname, “Title of Document” (source type identifier, Place of Publication, year of publication), page number(s).
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Citing public documents
When citing public documents, it is essential to include the elements required to locate the source. These typically include the country, city, state, province, county, and other relevant geographical identifiers. The specific government body responsible for the document should also be included, such as the legislative body, executive department, court, bureau, board, commission, or committee.
> "Title of Document" (source type identifier, Place of Publication, year of publication), page number(s).
> Lastname, Firstname. "Title of Document." Source type identifier, Place of Publication, year of publication.
For instance, if you are citing a specific government report, your citation may look like this:
> "9/11 Commission Report" (report, Washington, D.C., 2004), 1-10.
> U.S. National Commission on Terrorist Attacks upon the United States. "9/11 Commission Report: The Official Report of the 9/11 Commission and Related Publications." Report no. Y 3.2:T 27/2/FINAL, Washington, D.C., 2004, http://www.gpoaccess.gov/911/index.html (accessed May 6, 2006).
It is important to note that legal documents, including court cases, statutes, bills, and resolutions, are typically cited in footnotes or within the text of your paper, rather than in a bibliography. However, if the legal document is included in a secondary publication, such as a book, you would cite the book in the bibliography.
When citing legal materials, it is recommended to use the Bluebook style guide, which is commonly used in the American legal profession. The Bluebook system provides complex guidelines for citing legal materials, but here are some basic principles:
- Abbreviate whenever possible without losing necessary information. For example, use "In re" or "Ex parte" instead of procedural phrases, and abbreviate names of sources and courts.
- When citing a case, you can shorten the case name to the first party or an abbreviated form. If the first party is a government entity, use the second party's name.
- Include the page number where the case begins in the source.
- When citing a specific point in a case, you may eliminate the page that the case begins on and only include the relevant page number.
- When citing the constitution, use the abbreviated title and specify the subdivision being referenced.
- There is no short form for constitutional citations. Include the act title, source, section number, and year.
- If a statute has been repealed or amended, indicate this with the year in parentheses at the end of the citation.
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Frequently asked questions
The Bluebook style guide is used in the American legal profession for the citation of all relevant sources. The Chicago Manual of Style recommends its use for all citations of legal material.
In general, one should abbreviate to the degree possible without losing necessary information. For example, the Bluebook recommends shortening any procedural phrases to abbreviations such as "In re" or "Ex parte".
Use the abbreviated title of the constitution, then specify the subdivision of the document you are referring to.
Act Title, Source § number (year). The Guano Islands Act, 48 U.S.C. ch. 8 §§1411-12 (2012). If the statute has been repealed or amended, indicate this and the year it occurred in parentheses at the end of the citation.
