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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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