From "Black's Law
Dictionary", the following Definitions are Cited
for Assisting our new Fellow Supporters
in comprehendoing the "Basis in Law" for our activities here-in:
Constitution:
The organic and fundamental
law of
a nation or state, which may be written or un-written, establishing
the character and conception of it’s government, laying
the basic principles to which its internal life is to be conformed,
organizing the government,
and regulating, distributing, and limiting the functions of the different
departments, and prescribing the
extent and manner of the exercise of sovereign powers.
A charter of government deriving
its whole authority from the governed.
The written instrument agreed
upon by the people of the Union or of a particular state, as the
absolute rule of action and decision for
all departments and officers of the government in respect to points
covered by it, which must control
until it shall be changed by the authority which established it, and
in opposition to which any act
or ordinance of any such department or officer is
null and void. ...
In a more general sense, any fundamental
or important law or edict; as the Novel Constitutions of Justinian;
the Constitutions of Clarendon.
Constitutional
Law: (1) That branch of the public
law of a nation or state which treats of the organization, powers and frame
of government, the distribution of political and governmental authorities and
functions, the fundamental principles which are to regulate the relations
of government and citizen, and which prescribes generally the plan and method
according to which the public affairs of the nation or state are to be administered.
(2) That department of the science of law
which treats of constitutions, their establishment, construction,
and interpretation, and of the validity of legal enactments as tested by
the criterion of conformity to the fundamental law.
(3) A constitutional law is one which is consonant
to, and agrees with, the constitution; one which is not in violation of any
provision of he constitution of the particular state.
Constitutional Questions: Those legal issues which require an interpretation of the Constitution; for their resolution as distinguished from those of a statutory nature.
De facto:
In fact, in deed, actually. This phrase is used to characterize an
officer, a government, a past action, or a state of affairs which must be
accepted for all practical purposes, but is illegal or illegitimate.
Thus an office, position or status existing under a claim or color of right
such as a de facto corporation.
In this sense, it is the contrary of de jure, which means rightful,
legitimate, just or constitutional. Thus an officer, king,
or government de facto is one who is in actual possession of the office
or supreme power, but by usurpation, or without lawful title; while
an officer, king, or government de jure is one who has just claim and
rightful title to the office or power; but has never had plenary possession
of it, or is not in actual possession.
De facto government: One that maintains itself by a display of force against the will of the rightful legal government and is successful, at least temporarily, in overturning the institutions of the rightful legal government by setting up its own in lieu thereof.
De facto judge: A judge who functions under color of authority but whose authority is defective in some procedural form.
De facto officer: One who, while in actual possession of an office, is not holding such in a manner prescribed by law.
De jure:
Description of a condition in which there has been total
compliance with all requirement s of law.
Of right; legitimate; lawful; by right and just title. In this sense,
it is the contrary of de facto.
It may also be contrasted with de grata, in which case it means “as a
matter of right”, as de grata means by grace or favor. Again, it may be
contrasted with de equitate; here meaning “by law”, as the
latter means “by equity”.
Unconstitutional.
That which is contrary to the constitution. ...
This word is used in two different senses. One, which may be called the English
sense, is that the legislation conflicts with some recognized general
principle. This is no more than to say that it is unwise, or is based
upon a wrong or unsound principle, or conflicts with a general ly accepted
policy.
The other, which may be called the American sense, is that th legislation
conflicts with some provision of our written Constitution, which is beyond
the power of the Legislature to change.
Organic Law: The fundamental law, or constitution, of a state or nation, written or unwritten. That law or system of laws or principles which defines and establishes the organization of its government.
Organic Act: ... A statute by which a municipal corporation is organized and created is its “organic act” and the limit of its power, so that all acts beyond the scope of the powers there granted are void.
Organize: To establish or furnish with organs; to systemize; to put into working order; to arrange in order for normal exercise of its appropriate functions.
Fundamental Law: The law which determines the constitution of government in a nation or state, and prescribes the manner of its exercise. The organic law of a nation or state; its constitution.
Fundamental Right: Those which have their origin in the express terms of the Constitution or which are ecessarily to be implied from those terms..
"Black's Law Dictionary", Fifth Edition, 1979, West Publishing Company, St. Paul Minnesota.