1632. CONSTITUTION, Definition of a.—
A constitution, ex vi termini, means “an
act above the powers of the ordinary legislature.
” Constitutio, constitutum, statutum, lex,
are convertible terms. “Constitutio dicitur
jus quod a principe conditur.” Constitutum
quod ab imperatoribus rescriptum statutumve
est.” “Statutum, idem quod lex.” (Calvini
Lexicon juridicum.)Constitution and statute
were originally terms of the [100]
civil law, and
from thence introduced by ecclesiastics into
the English law. Thus in the statute 25
Hen. viii, c. 19, § 1, “Constitutions and
ordinances” are used as synonymous. The
term constitution has many other significations
in physics and politics; but in jurisprudence,
whenever it is applied to any act of the legislature,
it invariably means a statute, law, or
ordinance.—
Notes on Virginia. Washington ed. viii, 365.
Ford ed., iii, 227.
(1782)
