U.S. CONSTITUTIONAL RESEARCH

The U.S. Constitution is the supreme law of the United States and, in case of conflict, takes precedence over all other forms of law, federal as well as state.

THE CONSTITUTION OF THE UNITED STATES OF AMERICA

The Constitution of the United States consists of the written document produced at the Constitutional Convention of 1787 and all of the amendments adopted since then. The text of the Constitution can be found in nearly all the sources listed below. Monumental changes have occurred in American law, government, and society since 1787, and the courts have adapted the Constitution to meet the exigencies of contemporary life. One must have recourse, therefore, to a wide variety of sources for aid in the interpretation of the present-day Constitution. These sources are set out below.

HISTORICAL BACKGROUND TO THE CONSTITUTION

One may wish to consult the documents of the Continental Congress or the Articles of Confederation that governed the United States prior to the adoption of the Constitution. See:

  1. Documents Illustrative of the Formation of the Union of the American States, by the U.S. Library of Congress Legislative Reference Service, H.R. Doc. 398, 69th Cong., 1st sess. (1935);
  2. Formation of the Union under the Constitution, by S. Bloom (1935);
  3. Our First Constitution: The Articles of Confederation, by Swindler, 67 A.B.A.J. 166 (1981);
  4. The Papers of James Madison (ed. by H. Gilpin, 1840);
  5. The Federalist (many editions available);
  6. Documentary History of the Constitution of the U.S.A., 1786-1870, by the U.S. Bureau of Rolls and the U.S. Dept. of State Library (1894-1905);
  7. The Records of the Federal Convention of 1787, by M. Farrand (1934-37);
  8. The Debates, Resolutions, and Other Proceedings, in Convention, on the Adoption of the Federal Constitution, by J. Elliot (many editions with different titles and somewhat different contents, all generally known as "Elliot's Debates"; 1937 ed. was most complete of all);
  9. The Documentary History of the Ratification of the Constitution, ed. by M. Jensen, 15 vols. 1976-1986;
  10. Pierce Butler's Records of the Federal Constitutional Convention, by Hutson, 37 Q. J. Lib. Cong. 64 (1980).

INTERPRETATION OF THE CONSTITUTION IN THE COURTS

  1. U.S. Code Annotated, Constitution volumes. (West Pub. Co.) See the "Notes of Decisions" following each article, section, or clause. Updated by annual pocket parts and paper pamphlets. These volumes have separate index just for the U.S. Constitution.
  2. U.S. Code Service, Constitution volumes. (Lawyers' Coop. Pub. Co.) See the digest references to cases following each article, section, or clause. There is a separate index just for these volumes. Updated by annual pocket parts and paper pamphlets.
  3. The Constitution of the United States of America, U.S. Library of Congress Congressional Research Service, S. Doc. 16, 99th Cong., 1st sess., 1987. New hard-bound edition appears every ten years, supplemented every two years with pocket parts. Analysis and commentary follow each article, section, or clause. Discusses and gives citations to major U.S. Supreme Court decisions. Commentary often quotes from wide variety of historical sources. Volume includes tables of proposed amendments pending, proposed amendments not ratified, Congressional acts struck down as unconstitutional, state constitutional and statutory provisions struck down as unconstitutional, municipal ordinances held unconstitutional, and U.S. Supreme Court decisions overruled by later decisions. Has Table of Cases as well as excellent index.
  4. United States Supreme Court Digest, West Pub. Co. SEE: Any Pathfinders on DIGESTS if you need further explanation.
  5. Digest of United States Supreme Court Reports, Lawyers' Coop. Pub. Co. SEE: Any Pathfinder on DIGESTS if you need further explanation.
  6. The various digests for federal court decisions published by West Pub. Co., beginning with the Federal Digest and continuing into West's Federal Practice Digest, 4th. All these sets are shelved together in one place in the law library. SEE: Any Pathfinders on DIGESTS if you need further explanation.
  7. The annotations following decisions relating to constitutional matters in the U.S. Supreme Court Reports, Lawyers' Edition, 1st and 2d series, Lawyers' Coop. Pub. Co.
  8. The annotations dealing with constitutional matters in the American Law Reports (ALRs), particularly in the A.L.R. Federal. The ALRs have one comprehensive, multi-volume index for the 2d, 3d, 4th and Federal series. There is a separate index for ALR 1st series.

"TREATISES" (MONOGRAPHS, TEXTBOOKS) ON CONSTITUTIONAL MATTERS

Use the card catalog (coverage of all law library acquisitions through end of 1989), OR the on-line catalog (coverage of law library acquisitions from Dec. 1978 to date). SEE: Any Pathfinders on ON-LINE CATALOG, CARD CATALOG, TEXTBOOKS and TREATISES.

PERIODICAL ARTICLES ON CONSTITUTIONAL MATTERS

Use Legaltrac CD-ROM Index, the Current Law Index, the Index to Legal Periodicals, the periodical data bases in Lexis or Westlaw, and other appropriate periodical indexes. SEE: Any Pathfinder on LEGAL PERIODICALS AND THEIR INDEXES for further explanation.


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