The Constitutional Dictionary

This document contains words, phrases, and concepts used in the UnitedStates Constitution. Links to this document can be foundon the U.S. Constitution Page. Note that some words aredefined only as they apply to the Constitution itself. You may also wish to seethePopular Names Page, theNotes Page, and theAdvancedTopics Page.

AHD

American Heritage Dictionary

NMW

The New Merriam-Webster Dictionary

FWE

Funk and Wagnall's Encyclopedia

Adjournment
adjournv. 1. To suspend until a later stated time. [<OFr.ajourner]adjournmentn.Source: AHD

Appellate
appellateadj having power to review decisions of lower courtsSource: NMW

Apportionment
apportionv. to distribute proportionatelySource: NMW

In the context of the Constitution, apportionment means that each state getsa number appropriate to its population. For example, Representatives areapportioned 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 statesin this manner as well.

The need for apportionment of taxes, and the reason for it, is difficult forus to imagine today, but there were good reasons for it. The following is anexplanation of the need for the Direct Tax Apportionment clause. It was writtenby Supreme Court Justice Paterson inHylton v US (3 US 171 [1796]):

The constitution declares, that a capitation tax is a direct tax; andboth in theory and practice, a tax on land is deemed to be a direct tax... Theprovision was made in favor of the southern states; they possessed a largenumber of slaves; they had extensive tracts of territory, thinly settled, andnot very productive. A majority of the states had but few slaves, and severalof 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 theUnion, 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 theseparticulars, was the reason of introducing the clause in theconstitution.

Attainder
attaindern. The loss of all civil rights by a person sentenced for aserious crime. [< OFr.attaindre, to convict]Source: AHD

In the context of the Constitution, a Bill of Attainder is meant to mean abill that has a negative effect on a single person or group (for example, afine or term of imprisonment). Originally, a Bill of Attainder sentenced anindividual to death, though this detail is no longer required to have anenactment be ruled a Bill of Attainder.

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

Concurrence
concurv. 1. To have the same opinion; agree [<Lat.concurrere. to meet]concurrencen.Source: AHD

Corruption of Blood
Corruption of Blood was part of ancient English penalty for treason. It wasusually part of a Bill of Attainder, which normally sentenced the accused todeath. The corruption of blood would forbid the accused's family frominheriting his property. Such bills and punishments were often inflicted uponTories by colonial governments immediately following independence.Source: 381 US 437

Deprive
deprivev. 1. To take something away from; divest. 2. To keep from thepossession of something. [<Med. Lat.deprivare]Source: AHD

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

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

Emolument
emolumentn [ME, fr. Lemolumentum, lit., miller's fee, fremolere to grind up] : the product (as salary or fees) of anemploymentSource: NMW

Enumerate
enumeratevb 1 : to determine the number of : count 2 : listSource: NMW

Excise
excisen a tax on the manufacture, sale, or consumption of goodswithin a countrySource: NMW

Ex post facto
ex post factoadj. 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 morelimited. The first definition of what exactly constitutes an ex post facto lawis found inCalder v Bull (3 US 386 [1798]), in the opinion of JusticeChase:

1st. Every law that makes an action done before the passing of thelaw, 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, whencommitted. 3d. Every law that changes the punishment, and inflicts a greaterpunishment, than the law annexed to the crime, when committed. 4th. Every lawthat 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 corpusn. Law A writ issued to bring a party before a court toprevent unlawful restraint. [<Med. Lat., you should have the body]Source: AHD

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

Impartial
impartialadj. Not partial or biased; unprejudiced.Source: AHD

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

Impost
impostn tax, dutySource: NMW

Infringe
infringevb [Latininfringere] 1: violate, transgress 2:encroach, trespassSource: 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, butthe Supreme Court has ruled thatsome laws can, in fact, encroach onthese phrases. For example, though there is freedom of speech, you cannotslander someone; though you can own a pistol, you cannot own a nuclearweapon.

Jurisdiction
jurisdictionn the power, right, or authority to interpret and applythe law : the limits or territory within which authority may be exercisedSource: NMW

Letter of Marque
Archaic. A letter of marque was issued by a nation to a privateer or mercenaryto act on the behalf of that nation for the purpose of retaliating againstanother 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 borninto the right family. The class of persons, well-characterized by thearistocracy of Great Britain, were considered to be higher in status and powerbecause of the family name. A title of nobility indicated that status, where aperson was a king, queen, prince, princess, count, countess, duke, duchess,baron, or baroness; these titles were granted by the monarch at some point inthe family history and passed from parent to child. The Framers wished toensure that no such system of heredity developed in the United States andspecifically prohibited any state or the federal government from granting anytitle of nobility.Suggested by: Ian (boardregular)

Ordain
ordainv. 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 hadto be paid to satisfy taxpayer requirements in voting laws. In some places,only people who could demonstrate a financial tie to a community were permittedto vote in that community. For those who did not otherwise own property or paytaxes, 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 avote. Poll taxes of this sort were generally low, perhaps a dollar or two, buthigh enough to make voting uneconomical for poor people. The24th Amendment bars both of these types of polltax.

Post road
post roadn a road over which mail is carriedSource: NMW

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

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

Quarter
quartervb. to provide with shelterSource:NMW

Quorum
quorumn. the number of members required to be present for business tobe legally conductedSource: NMW

Redress
redressv. 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 actiontaken against that nation. For example, seizing a ship in retaliation for aseized ship.

Republic
republicn1 : a government having a chief of statewho is not a monarch and is usually a president; also : a nation or otherpolitical unit having such a government2 : a government inwhich supreme power is held by the citizens entitled to vote and is exercisedby elected officers and representatives governing according to law; also : anation or other political unit having such a form of governmentSource: NMW

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

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

Treason
treasonn the offense of attempting to overthrow the government ofone's country or of assisting its enemies in warSource:NMW

Welfare
welfaren. 1. health, happiness, or prosperity; well-being. [<MEwel faren, to fare well]Source: AHD

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

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