The Constitutional Dictionary
This document contains words, phrases, and concepts used in the United States Constitution. Note that some
words are defined only as they apply to the Constitution itself.
Sources:
http://www.usconstitution.net/glossary.html
American Heritage Dictionary
AHD
The New Merriam-Webster Dictionary
NMW
Funk and Wagnall's Encyclopedia
FWE
Adjournment
adjourn
v.
1. To suspend until a later stated time. [<OFr.
ajourner] adjournment
n.
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 a 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.
The need for apportionment of taxes, and the reason for it, is difficult for us to imagine today, but there
were good reasons for it. The following is an explanation of the need for the Direct Tax Apportionment clause.
It was written by Supreme Court Justice Paterson in
Hylton v US
(3 US 171 [1796]):
The constitution declares, that a capitation tax is a direct tax; and both in theory and practice, a tax on
land is deemed to be a direct tax... The provision was made in favor of the southern states; they possessed
a large number of slaves; they had extensive tracts of territory, thinly settled, and not very productive. A
majority of the states had but few slaves, and several of them a limited territory, well settled, and in a
high state of cultivation. The southern states, if no provision had been introduced in the constitution,
would have been wholly at the mercy of the other states. Congress in such case, might tax slaves, at discretion
or arbitrarily, and land in every part of the Union, after the same rate or measure: so much a head, in the
first instance, and so much an acre, in the second. To guard them against imposition, in these particulars, was
the reason of introducing the clause in the constitution.
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 a negative effect on
a single person or group (for example, a fine or term of imprisonment). Originally, a Bill of Attainder
sentenced an individual to death, though this detail is no longer required to have an enactment be ruled a Bill
of Attainder.
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.
Concurrence
concur
v.
1. To have the same opinion; agree [<Lat.
concurrere.
to meet] concurrence
n.
Source:
AHD
Corruption of Blood
Corruption of Blood was part of ancient English penalty for treason. It was usually part of a Bill of Attainder,
which normally sentenced the accused to death. The corruption of blood would forbid the accused's family from
inheriting his property. Such bills and punishments were often inflicted upon Tories by colonial governments
immediately following independence. Source: 381 US 437
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 persuasion, 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
In U.S. Constitutional Law, the definition of what is ex post facto is more limited. The first definition of
what exactly constitutes an ex post facto law is found in
Calder v Bull
(3 US 386 [1798]), in the opinion of Justice Chase:
1st. Every law that makes an action done before the passing of the law, and which was innocent when done,
criminal; and punishes such action. 2d. Every law that aggravates a crime, or makes it greater than it was,
when committed. 3d. Every law that changes the punishment, and inflicts a greater punishment, than the law
annexed to the crime, when committed. 4th. Every law that alters the legal rules of evidence, and receives
less, or different, testimony, than the law required at the time of the commission of the offense, in order
to convict the offender.
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 of 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.
Nobility, Title of
Nobility is technically a station in society that is had simply by being born into the right family. The class
of persons, well-characterized by the aristocracy of Great Britain, were considered to be higher in status and
power because of the family name. A title of nobility indicated that status, where a person was a king, queen,
prince, princess, count, countess, duke, duchess, baron, or baroness; these titles were granted by the monarch
at some point in the family history and passed from parent to child. The Framers wished to ensure that no such
system of heredity developed in the United States and specifically prohibited any state or the federal
government from granting any title of nobility. Suggested by: Ian (board regular)
Ordain
ordain
v.
2. To order by or as if by decree. [<Lat.
ordinaire,
to organize] Source:
AHD
Poll Tax
A poll tax has had two historical meanings. The older is that of a fee that had to be paid to satisfy taxpayer
requirements in voting laws. In some places, only people who could demonstrate a financial tie to a community
were permitted to vote in that community. For those who did not otherwise own property or pay taxes, this sort
of poll tax was sufficient to allow voting. More recently, however, a poll tax is a tax that must be paid by
anyone wishing to cast a vote. Poll taxes of this sort were generally low, perhaps a dollar or two, but
high enough to make voting uneconomical for poor people. The 24th Amendment bars both of these types of poll
tax.
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 descendants. [<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.