This guide covers sources that are useful for researching Constitutional law and Constitutional history.
Each state is governed by its own constitution . S tate constitutions vary in length and scope and, unlike the federal Constitution, they are generally broader in scope and are amended more frequently. State constitutional research is similar to federal constitutional research. As with the federal constitution, a variety of online and print resources provide access to the states' constitutional texts as well as notes of court decisions, commentary, and historical documents.
Most states provide online access to its constitution on their state legislative body's website. See our Research Guides by Jurisdiction for more information on state law resources.
In addition, the text of current and historical state constitutions can be found at the following resources:
This six-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.
A comprehensive source for the texts of state constitutions. No case annotations or commentary is provided, but this is a convenient way to compare provisions between states.
A free portal that provides current and historical texts of state constitutions.Additionally, state statutory codes often include its current state constitution. Annotated state codes and/or constitutions are available on Westlaw and Lexis:
Browse by state and select the state constitution and a relevant article/section. For each relevant article or section of the state constitution, reference the "Notes of Decision" for a short list of cases curated by the editors and organized by topic. Next, reference cases and other secondary sources listed via "Citing References."
Browse by state and select the state constitution and a relevant article/section. For each relevant article or section of the state constitution, reference the "Annotations" for a short list of cases curated by the editors and organized by topic. Next, reference cases and other secondary sources listed by selecting "Shepardize document."
When researching an issue or area of law for the first time, we suggest you begin with a secondary source such as a legal encyclopedia, legal treatise, or ALR. Though not comprehensive, this section highlights some specific sources to consider.
The interplay of state constitutional law and federal law is examined in this book.Covers all fifty states, with a separate chapter on the constitutional history and theory of each state.
Provides coverage of American State Constitutional Law and the functions and purposes of state constitutions.
This series, each volume entitled The _____ State Constitution, includes a summary of the state's constitutional history, a detailed section-by-section analysis of the constitution with background information and discussion of judicial interpretations, and additional references. Also available via Oxford Constitutions of the World database.
Provides resources for territorial and initial state constitutions.The series 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. Available in print at the library.
A multivolume set that provides constitutional documents in chronological order for each state, including notes, editorial comments, bibliographies and indexes.
This two volume set is a look at the "independent use and interpretation of State Bills of Rights in civil and criminal litigation," as well as freedom of religion and expression from a state perspective. Search and seizure, rights of the accused, and sentencing and punishment round out the topics covered. Includes an extensive bibliography of state constitutional law.
Collects, explains, and compares each of the fifty state constitutions, revealing individual state priorities, the significance of state constitutions and their impact on issues that affect the day-to-day lives of citizens. This revision incorporates specific details and describes trends and patterns in state constitutions, drawing on over 380 amendments passed since the 1998 first edition.
Discusses the nature and history of state constitutions since independence.This book takes on state constitutional structure. Everything in law and politics, including individual rights, comes back to divisions of power and the evergreen question: Who decides? The goal of this book is to tell the structure side of the story and to identify the shifting balances of power revealed when one accounts for American constitutional law as opposed to just federal constitutional law.
The following resources are useful places to look for additional secondary sources on State Constitutional Law topics:
A collection of the constitutions of the 50 states of the United States, together with related documents and resources. Containing the text of every constitution that has been in force for every state with the original, consolidated and current texts and an extensive collection of documents from before statehood, State Constitutions Illustrated provides comprehensive coverage and allows researchers to compare multiple editions from multiple sources.
State Court Report is a nonpartisan news source, resource, and commentary hub covering state constitutional developments in high courts across the 50 states. The website includes the "State Case Database," a database of "significant" state supreme court decisions and pending cases; this is a selected database (i.e. not comprehensive with every state supreme court case) that includes both decisions and briefs for "cases that develop state constitutional law." Content can also be accessed via select "Issue" pages as well as by state, and a newsletter is also available. State Court Report is a project of the Brennan Center for Justice at NYU School of Law, a nonpartisan law and policy institute.