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The Constitutional Dictionary

This document contains words, phrases, and concepts used in the United States Constitution. Links to this document can be found on the U.S. Constitution Page. Note that some words are defined only as they apply to the Constitution itself. You may also wish to see the Popular Names Page, the Notes Page, and the Advanced Topics Page.


Sources:
AHD
American Heritage Dictionary
NMW
The New Merriam-Webster Dictionary
WA
The World Almanac
FWE
Funk and Wagnall's Encyclopedia

Adjournment
adjourn v. 1. To suspend unter a later stated time. [<OFr. ajourner] adjournment n. Source: AHD


Appellate
appellate adj having power to review decisions of lower courts Source: NMW


Apportionment
apportion v. to distribute proportionately Source: NMW

In the context of the Constitution, apportionment means that each state gets an number appropriate to its population. For example, Representatives are apportioned among the states, with the most populous getting the greater share. Direct taxes (of which there are none today) were to be charged to the states in this manner as well.


Attainder
attainder n. The loss of all civil rights by a person sentenced for a serious crime. [< OFr. attaindre, to convict] Source: AHD In the context of the Constitution, a Bill of Attainder is meant to mean a bill that has an negative effect on a single person or group (for example, a fine or term of imprisonment).


Concurrence
concur v. 1. To have the same opinion; agree [<Lat. concurrere. to meet] concurrence n. Source: AHD


Bill of Credit
A bill of credit is some sort of paper medium by which value is exchanged between the government and individuals. Money is a bill of credit, but a bill of credit need not be money. An interest-bearing certificate that was issued by Missouri, and usable in the payment of taxes, was thus ruled to be an unconstitutional bill of credit.


Deprive
deprive v. 1. To take something away from; divest. 2. To keep from the possession of something. [<Med. Lat. deprivare] Source: AHD


Domestic Tranquility
One of the concerns of the Framers was that the government prior to that under the Constitution was unable, by force or pursuasion, to quell rebellion or quarrels amongst the states. The government watched in horror as Shay's Rebellion transpired just before the Convention, and some states had very nearly gone to war with each other over territory (such as between Pennsylvania and Connecticut over Wilkes-Barre). One of the main goals of the Convention, then, was to ensure the federal government had powers to squash rebellion and to smooth tensions between states.


Double Jeopardy
Double jeopardy is a term used in law. Double jeopardy is forbidden by the Constitution. Double jeopardy is what would happen is someone were to be charged with a crime and be found innocent, and then be charged with that crime a second time. For example, if you are charged with stealing a car, and a jury finds you innocent, you cannot be charged with stealing the car again.


Emolument
emolument n [ME, fr. L emolumentum, lit., miller's fee, fr emolere to grind up] : the product (as salary or fees) of an employment Source: NMW


Enumerate
enumerate vb 1 : to determine the number of : count 2 : list Source: NMW


Excise
excise n a tax on the manufacture, sale, or consumption of goods within a country Source: NMW


Ex post facto
ex post facto adj. Formulated, enacted, or operating retroactively. [Med Lat., from what is done afterwards] Source: AHD


Habeas Corpus
habeas corpus n. Law A writ issued to bring a party before a court to prevent unlawful restraint. [<Med. Lat., you should have the body] Source: AHD

The basic premise behind habeas corpus is that you cannot be held against your will without just cause. To put it another way, you cannot be jailed if there are no charges against you. If you are being held, and you demand it, the courts must issue a writ or habeas corpus, which forces those holding you to answer as to why. If there is no good or compelling reason, the court must set you free. It is important to note that of all the civil liberties we take for granted today as a part of the Bill of Rights, the importance of habeas corpus is illustrated by the fact that it was the sole liberty thought important enough to be included in the original text of the Constitution.


Impartial
impartial adj. Not partial or biased; unprejudiced. Source: AHD


Impeachment
Impeachment, in the U.S. and Great Britain, proceeding by a legislature for the removal from office of a public official charged with misconduct in office. Impeachment comprises both the act of formulating the accusation and the resulting trial of the charges; it is frequently but erroneously taken to mean only the removal from office of an accused public official. An impeachment trial may result in either an acquittal or in a verdict of guilty. In the latter case the impeached official is removed from office; if the charges warrant such action, the official is also remanded to the proper authorities for trial before a court. Source: FWE


Impost
impost n tax, duty Source: NMW


Infringe
infringe vb [Latin infringere] 1: violate, transgress 2: encroach, trespass Source: NMW

In the context of the Constitution, phrases like "shall not be infringed," "shall make no law," and "shall not be violated" sound pretty unbendable, but the Supreme Court has ruled that some laws can, in fact, encroach on these phrases. For example, though there is freedom of speech, you cannot slander someone; though you can own a pistol, you cannot own a nuclear weapon.


Jurisdiction
jurisdiction n the power, right, or authority to interpret and apply the law : the limits or territory within which authority may be exercised Source: NMW


Letter of Marque
Archaic. A letter of marque was issued by a nation to a privateer or mercenary to act on the behalf of that nation for the purpose of retaliating against another nation for some wrong, such as a border incursion or seizure.


Ordain
ordain v. 2. To order by or as if by decree. [<Lat. ordinaire, to organize] Source: AHD


Post road
post road n a road over which mail is carried Source: NMW


Posterity
posterity n. 1. Future generations. 2. All of a person's descendents. [<Lat. posteritas.] Source: AHD


Pro tempore
pro tempore adv. For the time being; temporarily. Also: Pro tem. Source: AHD


Quarter
quarter vb. to provide with shelter Source: NMW


Quorum
quorum n. the number of members required to be present for business to be legally conducted Source: NMW


Redress
redress v. 1. To set right, remedy or rectify. 2. To make amends for. n. 1. Satisfaction for wrong done; reparation. 2. Correction. [<OFr. redresser.] Source: AHD


Reprisal
Archaic. An act taken by a nation, short of war, to gain redress for an action taken against that nation. For example, seizing a ship in retaliation for a seized ship.


Republic
republic n 1 : a government having a chief of state who is not a monarch and is usually a president; also : a nation or other political unit having such a government 2 : a government in which supreme power is held by the citizens entitled to vote and is exercised by elected officers and representatives governing according to law; also : a nation or other political unit having such a form of government Source: NMW

In the context of the United States, both definitions apply.


Suffrage
suffrage n. 1. A vote. 2. The right or privilege of voting; franchise. Source: AHD


Treason
treason n the offense of attempting to overthrow the government of one's country or of assisting its enemies in war Source: NMW


Welfare
welfare n. 1. health, happiness, or prosperity; well-being. [<ME wel faren, to fare well] Source: AHD

Welfare in today's context also means organized efforts on the part of public or private organizations to benefit the poor, or simply public assistance. This is not the meaning of the word as used in the Constitution.



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