Thursday, January 27, 2011

Glossary of Terms and Phrases

Note: This is will be updated over time, and is not all inclusive or complete

A

B

  • Bicameral: Legislature consisting of two chambers, such as the United States Congress with a House of Representatives and Senate.

C

  • Canon Law: body of laws made within certain Christian churches (Roman Catholic, Eastern Orthodox, independent churches of Eastern Christianity, and the Anglican Communion) by lawful ecclesiastical authority for the government of both the whole church and parts thereof and of the behaviour and actions of individuals. In a wider sense the term includes precepts of divine law, natural or positive, incorporated in the canonical collections and codes. (Ref: 6)
  • Committee of the Whole: The entire body of a chamber of the legislature or convention acting as a committee. This allows for open debate on various aspects of a bill or motion in order to offer and vote on amendments to it, without voting on the entire measure, as is also done in smaller committees.(Ref: 1)

D

  • Due Process: The legal process used to achieve a resolution to specific instance or instance. Designed to protect individuals or groups from arbitrary decisions by Government, and ensure the individual or group has the ability to challenge the basis, legality or legitimacy of a desired government action. (Note: Due process has no single definition, since it applies over numerous scenarios. The provided is a basic description of the most common goal, but is not all inclusive to all situations)

E

F

  • First Branch/House: In the Convention of 1787, what would become the House of Representatives was referred as the First Branch or First House at times during the Convention. (Ref: 3)

G

H

I

J

K

L

  • Lower House: In the Convention of 1787, what would become the House of Representatives was referred as the Lower House at times during the Convention, a term that still continues today in referring to the House of Representatives. (Ref: 3)

M

  • Magistrate: The Chief Executive, this term is commonly used in the Convention, along with Executive before the title President is agreed to. (Ref: 3)
  • Militia: Generally all able bodied men, not part of the regular Armed Forces that may be called upon in arms in defense of towns and/or states.
  • Minutemen: Selective group of more highly trained or capable person designated for the purpose of armed response, that can be quickly activated and positioned, typically drawn upon from the militia. Used prior to and during the American Revolution. An attributed saying for them is, “Ready to fight in a minute”. (Ref: 4)

N

  • nem con: Without dissent. (Ref: 2)
  • nemo tenetur (seipsum accusare): no man is bound to accuse himself. Basis of the Fifth Amendment protection of not compelling the accused to bear witness against themselves. (Ref: 7)

O

P

  • People’s House: A term for the House of Representatives, due to the fact when the Congress was devised by the Constitution Convention of 1787 it was chosen by the people to be the direct representatives of the people in Congress, whereas the Senate was appointed by the States to be the States direct representatives. Because it was the House chosen directly by the people to represent the people, it also became known as the People’s House. (Ref: 3)
  • Presentment : a report to a court by a grand jury, made on its own initiative without a request or presentation of evidence by the local prosecutor, that a "public" crime (illegal act by public officials or affecting the public good) has been committed. (Ref: 8)
  • Publius: The pseudonym, or pen name for Alexander Hamilton, John Jay and James Madison in the writing of the Federalist Papers from 1787-1788.

Q

R

S

  • Second Branch: In the Convention of 1787, what would become the Senate was referred as the Second Branch at times during the Convention. (Ref: 3)
  • Seditious Libel:  Written or spoken words, pictures, signs, or other forms of communication that tend to defame, discredit, criticize, impugn, embarrass, challenge, or question the government, its policies, or its officials; speech that advocates the overthrow of the government by force or violence or that incites people to change the government by unlawful means. (Ref: 5)
  • Stare Decisis; (ster-ē-di-ˈsī-səs): is a Latin word meaning “stand by the decision”, it is the use of precedent, or prior judicial rulings, in determining a law in question.
  • Sub Silento: Under Silence, overruling the previous precedent. Precedent is overridden with no explanation why.

T

U

  • Unicameral: Legislature consisting of one chamber, such as the Legislature of Nebraska.

V

W

  • Writ of Assistance: in English and American colonial history, a general search warrant issued by superior provincial courts to assist the British government in enforcing trade and navigation laws. Such warrants authorized customhouse officers (with the assistance of a sheriff, justice of the peace, or constable) to search any house for smuggled goods without specifying either the house or the goods. (Ref: 6)
  • Writ of certiorari: a writ or order by which a higher court reviews a case tried in a lower court:

X

Y

Z

 

 

  1. http://www.votesmart.org/resource_govt101_02.php
  2. http://www.merriam-webster.com/dictionary/nem%20con
  3. James Madison’s Notes
  4. http://library.thinkquest.org/TQ0312848/boflandc.htm
  5.  http://law.jrank.org/
  6. http://www.britannica.com/
  7. http://definitions.uslegal.com/n/nemo-tenetur-seipsum-accusare%20/
  8. http://legal-dictionary.thefreedictionary.com/presentment

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