9. Cite Constitutions and Legislation

9.1 Identify the jurisdiction and provision

Constitutional and statutory citations begin with the legal instrument, not the website used to find it. Preserve the jurisdiction and the source's own divisions: article, amendment, section, clause, subsection, paragraph, or another assigned label. Follow those divisions down to the provision that matters.

Constitution model: U.S. Const. art. I, § 8, cl. 3. This identifies the Commerce Clause location in the Constitution. The National Archives transcription is a direct access source for the text. A proposition about how a court interprets the clause ordinarily needs the relevant judicial authority as well.

When referring to a state constitution, identify the state clearly. Do not assume the reader will infer it from the surrounding dispute. If comparing historical versions, preserve the version and amendment information necessary to understand the comparison.

9.2 Distinguish code provisions from enactments

A code organizes law by subject. A session law identifies an enactment. The two references answer related but different questions. Use the codified provision when discussing the provision in the code, and use the enactment when discussing what a particular act enacted, amended, or made effective.

Source fact. GPO describes the United States Code as a subject-matter codification of general and permanent federal laws, with main editions and cumulative supplements. Its guide distinguishes titles enacted into positive law from other titles. The distinction is a reason to preserve the publication and version carefully, rather than treating any online reproduction as interchangeable evidence of the law.

Court requirement — Supreme Court filings. Rule 34.5 ordinarily directs references to codified federal statutory provisions to the United States Code, with Statutes at Large citations for provisions not classified there. Additional or alternative citations have a stated relevance or necessity condition. Apply that instruction within its Supreme Court context.

9.3 Give the edition or version meaning

The inspected 2024 compilation supplies this example: 28 U.S.C. § 1331 (2024). The parenthetical here identifies the compilation used for the example. It does not mean Congress enacted the provision in 2024 or that the text has been checked for every later amendment.

If the work requires current law, check current official resources and intervening enactments. If the work concerns past conduct, identify the law applicable at the relevant time. Record both the temporal question and the version used to answer it.

Avoid a bare “current through” assertion copied from an unrelated page. The currentness statement must belong to the actual source and should be preserved in the research record. When a statutory amendment has multiple effective dates, do not infer applicability solely from the enactment date.

9.4 Keep nested subdivisions intact

For a provision with several levels, preserve each needed level in order. The inspected 2024 United States Code publication includes 5 U.S.C. § 552(a)(3)(A) (2024). The string (a)(3)(A) identifies a nested location. Removing (3) would direct the reader to a different or incomplete location.

In our house practice, use a section symbol for a single section and a double section symbol for multiple sections, with spacing that keeps the symbol and number readable. Spell out “section” when doing so improves ordinary prose or when required. Do not use a section symbol for a division the source calls an article merely to make the citation look uniform.

If citing a range, confirm that all the intervening provisions are relevant. A range should not hide a repealed or unrelated provision. If only two nonconsecutive provisions matter, list them separately.

9.5 Track bills by Congress and version

A bill number alone is incomplete across time because numbers recur in successive Congresses. Record the Congress, chamber, number, version, relevant section, and date. An introduced bill, an engrossed bill, and an enrolled bill are different versions. Do not describe a bill as enacted based on its title or on a search result for a later version.

Pattern only: [Bill designation and number], [Congress], § [section] ([version/date]). Preserve the official version code in the source packet even if the final style expresses the version in words. GPO's bill guide explains the publication's metadata and version information.

Legislative history materials also have distinct identities. A committee report, hearing, floor statement, and bill text should not be cited as though they were the same source. Identify the document type, Congress, committee or speaker where relevant, number, date, and precise passage. Explain the role the material plays in the analysis.

Sources and convention notes

National Archives Constitution transcription; GPO United States Code guide; 28 U.S.C. § 1331, 2024 compilation; 5 U.S.C. § 552, 2024 compilation; Supreme Court rules, rule 34.5; GPO public laws guide; GPO congressional bills guide.