Guides: Constitutional Law and History Research Guide: State Constitutional Law

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Introduction

Each state is governed by its own constitution. State 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print resources provide access to the states' constitutional texts as well as notes of court decisions, commentary, and historical documents.

Finding State Constitutional Texts

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:

Constitutions of the United States, National and State (2nd ed.)
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.
State Constitutions (NBER/Maryland State Constitutions Project)
A free portal that provides current and historical texts of state constitutions.
State Constitutions Illustrated (HeinOnline)
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.

Annotated Codes/Constitutions & Caselaw

Additionally, state statutory codes often include its current state constitution. Annotated state codes and/or constitutions are available on Westlaw and Lexis:

Westlaw Statutes
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."
Lexis Constitutions
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."

Secondary Sources: Texts & Treatises

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.

51 Imperfect Solutions : States and the Making of American Constitutional Law
The interplay of state constitutional law and federal law is examined in this book.
The Constitutionalism of American States by George E. Connor & Christopher W. Hammons
Covers all fifty states, with a separate chapter on the constitutional history and theory of each state.
The Law of American State Constitutions by Robert F. Williams
Provides coverage of American State Constitutional Law and the functions and purposes of state constitutions.
The Oxford Commentaries on the State Constitutions of the United States
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.
Prestatehood Legal Materials: A Fifty-State Research Guide
Provides resources for territorial and initial state constitutions.
Reference Guides to the State Constitutions of The United States
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.
Sources and Documents of United States Constitutions by William D. Swindler
A multivolume set that provides constitutional documents in chronological order for each state, including notes, editorial comments, bibliographies and indexes.
State Constitutional Law: Litigating Individual Rights, Claims, and Defenses by Jennifer Friesen
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.
State Constitutions of the United States by Robert L. Maddex
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.
State Court Report (Brennan Center for Justice)
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.
Understanding State Constitutions by Alan G. Tarr
Discusses the nature and history of state constitutions since independence.
Who Decides? States as Laboratories of Constitutional Experimentation, by Jeffrey S. Sutton
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.

Finding Additional Resources (Catalog)

Expand your search by using subject headings in the law library's catalog to locate more sources. Relevant subject headings from our catalog include:

Constitutions -- United States -- States
Constitutional amendments -- United States -- States
Constitutional conventions -- United States -- States
Constitutional history -- United States -- States
Constitutional law -- United States -- States
Constitutional law -- [State] (e.g. Constitutional Law -- Florida)
[State] Constitution (e.g. Louisiana Constitution)
[State] Constitutional Convention (e.g. Pennsylvania Constitutional Convention)

Constitutional Law and History Research Guide