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Morgan, speaker Dabney, speaker Ahlbrand, speaker Cosby, moderator STATE CONSTITUTIONS CURRENT, HISTORICAL, & HOW THEY CHANGE

State Constitutions: Current, Historical, and How They Change

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This was a presentation for the Annual Meeting of the American Association of Law Libraries, presented on July 14, 2013. The presenters were Ashley Ahlbrand, Jennifer Morgan, and Cindy Dabney of Indiana University's Maurer School of Law. Michelle Cosby, of North Carolina Central University School of Law, moderated.

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Page 1: State Constitutions: Current, Historical, and How They Change

Morgan, speaker Dabney, speaker Ahlbrand, speaker Cosby, moderator

STATE CONSTITUTIONS CURRENT, HISTORICAL, & HOW

THEY CHANGE

Page 2: State Constitutions: Current, Historical, and How They Change

Ashley Ahlbrand [email protected]

Educational Technology

Librarian

•Researches emerging technology in legal education

•Implements technology-related projects

•Teaches LRW •Ask her about her dog!

Page 3: State Constitutions: Current, Historical, and How They Change

AGENDA

Locating State Constitutions: Current, Historical

Researching State Constitutional Amendment Processes:

Culmination: Research Guide on State Constitutions

→ Legislative Proposal → Revision Commission → Constitutional Convention → Initiative Petition

Page 5: State Constitutions: Current, Historical, and How They Change

NBER/Maryland State

Constitutions Project Research Guides State Websites

HISTORICAL RESEARCH

• Sources and Documents of United States Constitutions (Swindler)

• Publications on individual states

Print

Electronic

Page 6: State Constitutions: Current, Historical, and How They Change

SECONDARY SOURCES

Reference Guides to the State Constitutions of The United States

Book of the States (Council of State Governments) Online and in print

Page 7: State Constitutions: Current, Historical, and How They Change

SECONDARY SOURCES La

w Jo

urna

ls

• Topical •ex: William &

Mary’s Bill of Rights Journal

• State-Centric •ex:

Washington Law Review

Inde

xes

&

Full-

Text

Dat

abas

es

• Index to Legal Periodicals

• LegalTrac • Hein Online • Lexis &

Westlaw • LexisNexis

Academic

Stat

e Bi

blio

grap

hies

•GD-SIS State Bibliographies •Spinelli’s

Law Librarians’ Reference Shelf (HeinOnline)

Page 8: State Constitutions: Current, Historical, and How They Change

WHAT ELSE TO CONSIDER?

State Bar Journals •Resource: HeinOnline Bar Journals Library

News Sources •ex: LexisNexis Academic, ProQuest Historical Newspapers

Blogs •Constitutional Law Prof Blog •BlawgSearch > Constitutional Law Blogs

Page 9: State Constitutions: Current, Historical, and How They Change

Jennifer Morgan [email protected]

Documents Librarian

•Specializes in researching Government Information

•Teaches LRW, ALR, Gov Docs, everywhere and all. the. time.

•Government Documents crusader and LibGuides enthusiast

Page 10: State Constitutions: Current, Historical, and How They Change

RESEARCHING AMENDMENTS OR REVISIONS

Legislative Proposal

Revision Commission

Constitutional Convention

Initiative Petition

Page 11: State Constitutions: Current, Historical, and How They Change

Indiana Constitution

Legislative Proposal

RESEARCHING AMENDMENTS OR REVISIONS

Page 12: State Constitutions: Current, Historical, and How They Change

Published in Indiana Acts

Legislative Proposal

RESEARCHING AMENDMENTS OR REVISIONS

Page 13: State Constitutions: Current, Historical, and How They Change

LEGISLATIVE DOCUMENTS

Session Laws

Legislative Journals

Bills & Resolutions

Committee Records

Policy & Interim Study Committees

Page 14: State Constitutions: Current, Historical, and How They Change

Where to Find Session Laws Libraries 1816 to current in print, Law

Library (IU Maurer School of Law)

Session Laws -- [name of state] (subject search)

Official Legislative Websites

Indiana General Assembly website, 2000 to current

Noncode acts, 1807 to current, incomplete

HeinOnline Session Law Library

Session laws for all 50 U.S. states

Current within 60 days of the printed publication and date back to inception

SESSION LAWS

Page 15: State Constitutions: Current, Historical, and How They Change

LEGISLATIVE JOURNALS

Legislative Journal Indexes

• Subject matter • Table of Contents • Membership and sponsor

information, including committees and roll calls

• Summaries of bills and resolutions

• Chronological histories of bills and resolutions

• Vetoed Bills • Proposed constitutional

amendments • Synopses of legislative action

Page 16: State Constitutions: Current, Historical, and How They Change

LEGISLATIVE JOURNALS

Where to Find Legislative Journals

Libraries Law Library (IU Maurer School of Law)

House Journal (1827-1828; 1857-current)

Senate Journal (1928-current, incomplete)

Legislative Journals – [name of state]

Official Legislative Websites

Indiana General Assembly

House Journal (2004-current)

Senate Journal (2005-current)

Historical Digitized

A collection of nineteenth century Indiana legislative journals from the Indiana State Library is accessible from the Internet Archive

Page 17: State Constitutions: Current, Historical, and How They Change

BILLS AND RESOLUTIONS

Introduced Bill Amendments Engrossed Bill Enrolled Act

Page 18: State Constitutions: Current, Historical, and How They Change

BILLS AND RESOLUTIONS

Where to Find Bills & Resolutions

Libraries Law Library (IU Maurer School of Law) > 1951 to current in print

Bills, Legislative--[name of state] (subject search)

State Legislative Body Websites

Free access to all full text bills & resolutions from current legislative session

Indiana General Assembly > bill text and tracking back to 1999

Free 50-state bill text & tracking databases

BillTrack50.com, GovTrack.us, OpenStates.org

Search, browse, track, and update

The Usual Suspects Lexis

Westlaw

BloombergLaw

Page 19: State Constitutions: Current, Historical, and How They Change

LEGISLATIVE PROCESS & COMMITTEE RECORDS

Testimony Hearing Transcripts Reports Debate Votes

Page 20: State Constitutions: Current, Historical, and How They Change

LEGISLATIVE COMMITTEE RECORDS

Testimony Hearings Transcripts Reports Debate Votes

Where to Find Committee Records

Indiana General Assembly Washington State Legislature

Topical Index for Joint Resolutions Detailed Legislative Reports - Bill Summary

All States Manz. Guide to State Legislation, Legislative History, and Administrative Materials

Research Guides! State Legislative History Research Guides: An index of state legislatures and online legislative history research guides

Page 22: State Constitutions: Current, Historical, and How They Change

COMMITTEE RECORDS WHAT ELSE TO CONSIDER?

Digital Collections

• Brevier Legislative Reports (Indiana) • House and Senate,

transcripts of debates and speeches, 1858 to 1887

• Georgia Legislative Documents • Acts & Resolutions 1799-

1999 • FDLP Digitization Projects

Registry, an additional resource for discovering digitized state documents

Audio & Video

• Indiana General Assembly • Live Streaming • House Video Archive • Senate Video Archive • Ways and Means Committee

Archive • Interim Study Committees

and Commissions video • Check individual interim

committee pages for links to view video of interim committee meetings

Page 23: State Constitutions: Current, Historical, and How They Change

POLICY OR INTERIM STUDY COMMITTEES

Indiana General

Assembly Website

• Current Interim Study Committees • Interim Archives (dating back to 1998)

Party or Caucus Websites

• Indiana Senate Democratic Caucus • Indiana Senate Republican Caucus • Indiana House Democrats • Indiana House Republicans • Audio and video files of Interim Committee

meetings, presentations, member statements, and press opportunities

• The Briefing Room (Indiana Senate Democrat’s blog)

Page 24: State Constitutions: Current, Historical, and How They Change
Page 25: State Constitutions: Current, Historical, and How They Change

Cindy Dabney [email protected]

Outreach Services Librarian

•Teaches LRW •Blogger and videographer •Liaises outside the Law

School •Ask her about Leopold Loeb!

Page 26: State Constitutions: Current, Historical, and How They Change

RESEARCHING AMENDMENTS OR REVISIONS

Constitutional Convention

States that don't provide for

conventions

• Indiana •Arizona •New Jersey •Arkansas •Mississippi •Texas •Vermont

Page 27: State Constitutions: Current, Historical, and How They Change

RESEARCHING AMENDMENTS OR REVISIONS

Where to Find Records of Constitutional Conventions --- Journals and Proceedings

State Constitutional Conventions, Commissions, and Amendments, 1776-1988

Search Library Catalog for print holdings

Constitutional history Indiana (in subject)

Constitutional Conventions—[state]

[State]—Constitutional Convention—[year]

Digitized, available online

Indiana

Maryland

Pennsylvania Constitution Web Page, Duquesne University School of Law

Page 28: State Constitutions: Current, Historical, and How They Change
Page 29: State Constitutions: Current, Historical, and How They Change

RESEARCHING AMENDMENTS OR REVISIONS

Where to Find Revision Commission Documents

Current and Regular Revision Commissions

Florida Constitution Revision Commission - Dictated by Florida Constitution

Alabama Law Institute

Digitized or Archived Collections

Ohio

California

Idaho

South Dakota

Library Catalogs IUCAT

WorldCat

HathiTrust

Page 30: State Constitutions: Current, Historical, and How They Change

RESEARCHING AMENDMENTS OR REVISIONS

Amendment by Initiative Petition

Illinois, Massachusetts, Mississippi

Florida, Michigan, Montana, Nebraska, Nevada, Oklahoma, Oregon

Arizona, Arkansas, California, Colorado, Missouri, North Dakota, Ohio, South Dakota

Page 31: State Constitutions: Current, Historical, and How They Change

Initiative Process in California

•Writing the Amendment Text •Request for title •Estimate impact on revenues or costs

to government •Approval for Circulation •Circulation Period, etc. •Public Hearings

Search for Documents

• Text of proposed amendment •Drafting documents from Legislative

Counsel, Attorney General, Secretary of State

• Ballot title and summary • Fiscal Analysis •Record or Transcripts of Hearings •Official ballot statements or pamphlets •Newspaper materials

RESEARCHING AMENDMENTS OR REVISIONS

Amendment by Initiative Petition • Ohio • California

Page 32: State Constitutions: Current, Historical, and How They Change

Request for Title: California Initiative Amendment

Page 33: State Constitutions: Current, Historical, and How They Change

Summary and Title from Attorney General: California Initiative Amendment

Fiscal Impact Estimate: California Initiative Amendment

Page 34: State Constitutions: Current, Historical, and How They Change

Circulating Petition: California Initiative Amendment

Circulating Pamphlets: California Initiative Amendment (not “official” – circulated by advocacy groups, etc.)

Page 35: State Constitutions: Current, Historical, and How They Change

Secondary Sources for Information on Ballot Initiatives: Blogs, Newspapers, etc.

Page 36: State Constitutions: Current, Historical, and How They Change

IN CONCLUSION

Page 37: State Constitutions: Current, Historical, and How They Change

State Constitutions

50-STATE RESEARCH GUIDE

Page 38: State Constitutions: Current, Historical, and How They Change

QUESTIONS?

Ashley Ahlbrand [email protected]

Jennifer Morgan [email protected]

Cindy Dabney [email protected]