INTRODUCTORY RESOURCES

Constitutional Law (Cornell Legal Information Institute)
Provides an overview of constitutional law including links to related federal and state statutes, state judicial decisions, conventions and treaties, and key internet sources.

Constitutional Law: Principles and Policies KF4550 .C427
Single volume treatise focusing on the federal judicial, legislative and executive powers. Other topics covered include limits on state regulatory and taxing powers, civil rights, due process, economic liberties and equal protection.

Constitutional Law in a Nutshell KF4550.Z9 B35
The allocation of powers and individual rights and liberties is the emphasis of this study aid on constitutional law which includes case notes throughout.

KEY REFERENCE SOURCES

Constitution of the United States of America: Analysis and Interpretation
Also available in print KF4546 .U5
The full text of the Constitution of the United States. Includes historical notes and annotations of cases decided by the Supreme Court of the United States. Prepared by the Library of Congress, Congressional Research Service.

Encyclopedia of the American Constitution KF4548 .E53 2000
Available online (only)
This six-volume work contains essays by leading constitutional scholars, law school professors, judges, historians, and political scientists on practical and theoretical topics dealing with every aspect of constitutional law in the U.S., from the Constitutional Convention in 1787 to the Clinton impeachment.

The Oxford Companion to the Supreme Court of the United States KF8742.A35 O93 2005
Available online (only)
This guide covers constitutional principles as well as an array of Supreme Court decisions on American society; includes updated entries on key cases over the past thirteen years, as well as a fully revised treatment of areas of constitutional law.

A Practical Companion to the Constitution KF4548 .L54 1999
Focusing on constitutional principles as interpreted by the Supreme Court, this source highlights over 2300 cases into approximately 1200 essays. Arranged alphabetically by topic, each essay highlights the constitutional background and the history of the issue.

The U.S. Constitution A to Z KF4548 .M33 2002
This encyclopedia illustrates 250 brief articles and covers the most significant cases and Supreme Court justices.

TREATISES & IN-DEPTH RESOURCES

American Constitutional Law KF4549 .T7 2000
Legal treatise providing analysis of constitutional law and policy. Provides references to treatises, law review articles, the U.S. Code, and Supreme Court cases. Coverage includes: separation and division of powers; federal judicial, executive and legislative power; congressional authority and the implications of state sovereignty; union-preserving aspects of federalism.

Modern Constitutional Law KF4550 .A75
Legal treatise providing analysis of modern constitutional law. Issues covered include religion; the first amendment; privacy; private property, freedom of enterprise; freedom of contract; equal protection; civil and criminal justice; states and the federal government; federalism; separation of powers; and constitutional litigation.

Treatise on Constitutional Law: Substance and Procedure KF4550 .R63
Available on Westlaw (only)
Legal treatise providing up-to-date analysis of every area of federal constitutional law. Focus is primarily on the Supreme Court. Coverage includes: origins of judicial review; sources of national authority; federal fiscal powers; procedural due process; and equal protection. Updated.

Reference Guides to the United States Constitution Series
Launched in 2002, this new series focuses on major topics of constitutional law, such as federalism, privileges and immunities, due process, freedom of the press, presidential powers, and state sovereign immunity, to mention just a few. Every volume is comprised of a brief history of the topic, a lengthy analysis of the current state of law on that topic and a bibliographic essay with annotated references to additional readings. Click on the link to browse each volume.

See the Constitutional Law Treatise Finder for additional treatises.

HISTORY OF THE U.S. CONSTITUTION

A. Proceedings of the Federal Convention of 1787

There is no official record of the proceedings regarding the Constitutional Convention of 1787. James Madison kept the journal of the proceedings, but it included only procedural information. The Library has several editions of the journal (e.g., KF 4510 .U54 & KF 4510 .U6)

A modern source to consult is Max Farrand's The Records of the Federal Constitution of 1787 (KF 4510 .F37 and KF4510 .U547 1987 Supp.). Published in 1911, Farrand compiled the documentary records of the Constitutional Convention into three volumes containing the notes by major participants and the texts of various alternative plans presented. In 1937, Farrand published a revised edition, which included a fourth volume. In 1987, a supplement to Farrand‰s Records was compiled and edited by James Hutson.

Full text access to the 1911 edition is available online by the Library of Congress' Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1873.

B. Arguments For & Against Ratification of the Constitution

The arguments made for ratification of the Constitution were published in collected form as The Federalist: A Collection of Essays, Written in Favour of the New Constitution (1788), which is available on HeinOnline; see KF4515 .F38 1788 Electronic. Full texts of The Federalist are also available from the following sources:

• Federalist and Other Constitutional Papers KF4515 .F4 2002
  Available online from HeinOnline (only)
  Essays written during the early development of American Constitutional History. Includes the "Federalist" and other essays written by Alexander Hamilton, John Jay, and James Madison.
• Federalist Papers (Yale University)
  The Yale University Avalon Project provides primary source materials relevant to the fields of Law, History, Economics, Politics, Diplomacy and Government. The Federalist Papers are a collection of 85 essays by Alexander Hamilton, James Madison and John Jay that explain the philosophy and defend the advantages of the U.S. constitution.
  
• Library of Congress' THOMAS
  This version of the original text of the Federalist Papers was obtained from the e-text archives of Project Gutenberg.

Primary Documents in American History (Library of Congress)
Links to documents from the Continental Congress and the Constitutional Conventions, 1774-1789, as well as papers of James Madison, George Washington and Thomas Jefferson.

The cases against ratification were made by the Anti-Federalist. The collection of these arguments is The Complete Anti-Federalist (KF4515 .C65 1981).

The Founders Constitution (KF4502 .F68 1987)
Arranged by constitutional provision, it provides excerpts from the debates and articles as well as court decisions and commentaries. A joint project of the University of Chicago Press and the Liberty Fund.

The Debates in the Several States Conventions on the Adoption of the Federal Constitution, also known as Elliot's Debates. KF4510 .E46 1907 (1836 reprint of 2d ed.); KF 4510 .E46 (1968 reprint of 2d ed.); KF 4510.E45 1987r (1987 reprint of 2d ed.)
Also available via the Library of Congress.

The authoritativeness of Elliot's Debates has been questioned by some. Therefore, also consult with The Documentary History of the Ratification of the Constitution, originally edited by Merrill Jensen and now by John P. Kaminski et al; KF4502 .D63. This source is regarded as being more accurate and authoritative. It contains debates, commentaries and other documents on the ratification process and covers ratification debates in eight states and extensive commentaries in the contemporary press.

C. Amendment History

Since ratification in 1788, thousands of amendments have been proposed, though the Constitution has been amended only twenty-seven times. As outlined in Article V, amendments to the Constitution are proposed by Congress and presented to the states for ratification. These amendments are discussed in length in the following source, which provides references to additional sources:

Encyclopedia of Constitutional Amendments, Proposed Amendments, and Amending Issues, 1789-2010 by John R. Vile, KF4557. V555
This third edition provides a comprehensive analysis of the United States' constitutional amendments. With over 400 short articles, this handy encyclopedia tells the whole story of constitutional amendments: the rigorous ratification process; the significance of the 27 amendments; and the thousands that didn't pass.

Use the following subject headings to browse the library catalog for books and other sources about the Constitution and its amendments. A subject headings search may also be done on prominent figures such as Alexander Hamilton, James Madison, and John Jay.

Constitutional law -- United States -- Amendments
Constitutional law -- United States -- Amendments -- Ratification
United States. Constitution - 1st-10th Amendments
United States. Constitution 1st-10th Amendments -- History
Hamilton, Alexander, 1757-1804
Jay, John, 1745-1829
Madison, James, 1751-1836

To browse the catalog for additional subject headings regarding the constitution amendments, use United States. Constitution or Constitutional law -- United States.

UseProQuest Congressional (formerly Lexis Nexis Congressional) to research constitutional amendments for legislative history.

To search for congressional materials and legislative histories related to a particular constitutional amendment, type the index term "Constitutional amendments" in the search box to narrow your focus. You may use the Index Terms feature to find additional subject terms. Next, add any combination of search term to the second search box to fit your topic or specific amendment and select a date or congress session.

As for researching the history of the Bill of Rights and other related amendments, the following sources will serve as a good starting point:

The Founder's Constitution (KF4502 .F68 1987)
It covers the first twelve amendments as well as the original seven articles.

Roots of the Bill of Rights: An Illustrated Documentary History ( KF4744 1980)
Provides the texts of major documents relating to the Bill of Rights in chronological order as well as texts of proposals in Congress and from the state conventions.

The Complete Bill of Rights: The Drafts, Debates, Sources, and Origins (KF4744 1997)
This source provides excerpts from source documents arranged by amendment as well as texts of proposals in Congress and from the state conventions, and discussion of the amendments in Congress, conventions, newspapers and letters.

The Reconstruction Amendments' Debates: The Legislative History and Contemporary Debates in Congress on the 13th, 14th, and 15th Amendments (KF4756.A29 A9 1967)
The Reconstruction amendments such as the Fourteenth Amendment's Due Process and Equal Protection Clauses were proposed by Congress and the deliberations of the House and Senate debates for these amendments were reprinted in this source. It also contains guide explaining the context of each document.

JUDICIAL INTERPRETATION OF THE CONSTITUTION

There are various approaches to interpreting the U.S. Constitution, some of which are textualism, originalism, structuralism and contextualism. Since the literature regarding the various modes for interpretation is voluminous, a useful resource to consult is Shelley L. Dowling's The Jurisprudence of United States Constitutional Interpretation: An Annotated Bibliography KF4546.A1 D69 2010. This comprehensive bibliography provides annotations to more than 900 document collections, treatises, textbooks, articles and electronic resources on the topic of constitutional interpretation. In addition, this source also provides useful search tips for searching contemporary periodical and journal articles in HeinOnline, Legaltrac, LexisNexis, and Westlaw; see page 324.

Constitutional Law for a Changing America. Rights, Liberties, and Justice KF4748 .E67
Examine the Supreme Court's interpretation of the basic liberties guaranteed by the Bill of Rights and subsequent amendments to the Constitution. Assesses recent rulings on affirmative action, privacy, and regulation of the Internet, war and terrorism, and the government's authority to restrict civil rights.

For an overview of the various approaches for constitutional interpretation consult Constitutional Interpretation: The Basic Questions KF4550 .B373 2007, also availability electronically and Constitutional Fate: Theory of the Constitution (KF4575 .B63 1982).

Use the following subject headings to browse for additional sources:

Constitutional law -- United States -- Interpretation and construction
Constitutional law -- United States -- Interpretation and construction -- Bibliography
Constitutional law -- United States -- Interpretation and construction -- History
Law -- United States -- Interpretation and construction
Law -- United States -- Interpretation and construction -- History

STATE CONSTITUTIONS

Each state has a constitution by which it is governed. State constitutions vary in length and scope and unlike the federal Constitution, they are broader in scope and are amended more frequently. State constitutions can provide additional protections and rights not found in federal law; however, they cannot deprive its residents of federal constitutional rights. State constitutional research is similar to federal constitutional research; use the following resources as a starting point.

A. State Constitutional Text

The statutory codes for each state contain the text of the current constitution and most states provide online access to its constitution on their websites. Please see our Research Guides by Jurisdiction for more information.

Constitutions of the United States, National and State (2d ed. 1974), KF4530 .C65 1974.
Also available online (GULC)
This seven-volume set provides complete and up-to-date access to American constitutions: the U.S. constitution, each of the 50 state constitutions, plus constitutions of 15 U.S. territories including the Virgin Islands, Puerto Rico, Guam, the Marshall Islands, Northern Mariana Islands and the Federated States of Micronesia. This source does not provide case annotations or commentary, though it may be useful in comparing provisions between states.

The series, Reference Guides To The State Constitutions Of The United States (1990-date), covers more than 40 states and provides a summary of each state‰s constitutional history as well as a detailed analysis of the constitution, judicial interpretations, and references to books, articles, and other commentary on the constitutions.

B. State Constitutional History

Many states have had constitutional conventions and the proceedings of these conventions may be helpful in determining the intent or meaning of its provisions.

A comprehensive source for such documents is LexisNexis‰ microfiche collection, State Constitutional Conventions, Commissions, and Amendments, which contains materials published from 1776-1988 for all fifty states.  This set comes in five parts. Please see MCS 2 Micro for Part I (1776-1959) and Part II (1959-75) and KF4529 .S74 Micro for Part III (1959-76), Part IV (1959-78), and Part V (1979-88).

Prestatehood Legal Materials: A Fifty-State Research Guide (KF240 .P688 2005). This source provides resources for territorial and initial state constitutions.

Sources and Documents of United States Constitutions (KF4530 .S9), is a multivolume set that provides constitutional documents in chronological order for each state, including notes, editorial comments, bibliographies and indexes.

NBER/Maryland State Constitutions Project
This online source provides access to searchable and indexed texts to approximately 150 state constitutions made available since 1776 that have been amended roughly 12,000 times.

For additional resources on state constitutional research, use the following subject headings:

Constitutional amendments -- United States -- States
Constitutional conventions -- United States -- States
Constitutions, State -- United States
Constitutional conventions -- [State] (e.g. Constitutional conventions -- Pennsylvania)
[State]. Constitutional convention (e.g. Louisiana. Constitutional Convention)

LAW REVIEWS

Several law reviews are dedicated to following topics related to Constitutional Law, including:

Constitutional Commentary K3 .O688
Also available online (only)

First Amendment Law Review K6 .I72
Also available online ( only)

Harvard Civil Rights-Civil Liberties Law Review K8 .A82
Also available online ( only)

NYU Journal of Law & Liberty K14 .E9723
Also available online ( only)

Seton Hall Constitutional Law Journal K3 .069 (ceased publication 2002)
Also available online ( only)

Stanford Journal of Civil Rights & Civil Liberties K23 .T2
Also available online (only)

Temple Political & Civil Rights Law Review K24 .E38
Also available online ( only)

Texas Journal on Civil Liberties & Civil Rights K24 .E915
(Formerly: Texas Forum on Civil Liberties & Civil Rights)
Also available online ( only)

University of Pennsylvania Journal of Constitutional Law K25 .N687
Also available online ( only)

William and Mary Bill of Rights Journal K27 .I44
Also available online ( only)

For a complete guide on how to find journal articles, consult "Using Journal Articles for Legal and Non-Legal Research" research guide on the Law Library web site.

RESEARCH GUIDES & TUTORIALS

American Legal History Treatises
A listing of the leading treatises and study aids on American Legal History, including constitutional law.

Principles of Legal Research (KF 240 .O57 2009)
Chapter 2, Constitutional Law, provides even more guidance on doing constitutional law research, especially research into the history of the U.S. Constitution and State Constitutional law research.

State Legislative History Research Guides on the Web
This site provides links to legislative history guides and sources for all 50 states.
Compiled by Jennifer Bryan, Documents Librarian, Indiana University Law Library-Bloomington

United States Supreme Court Research Guide
Supreme Court research guide describing the primary and secondary materials relating to the Supreme Court, both print and online, and their locations in the library.

Revised 12/08 (MK); 04/10 (RR)
Links 08/11 (MK)