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The Constitutional Dictionary
This file provided courtesy of USConstitution.net. The original may also be viewed.
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. In the original Constitution, direct taxes were charged to the states in proportion to their population (Article 1, Section 9). This was changed by Amendment 16.
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).
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.
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.
Impeachment
Impeachment, in the US 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
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.
Post road
post road n a road over which mail is carried
Source: NMW
Pro tempore
pro tempore adv. For the time being; temporarily
Also: Pro tem.
Source: AHD
Quorum
quorum n. the number of members required to be present for
business to be legally conducted
Source: NMW
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
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Copyright © 1995-1999
Steve Mount
Last Modified: 2 Apr 1999