Simone Lawson
Treason is the only crime defined in the US Constitution. Article III of the US Constitution defines treason as levying war against the US or adhering to and providing aid or comfort to its enemies. Conspiracy is often added to treason and is considered a precursor to treason. It involves seditious conspiracy or sedition, which means conspiring to overthrow or destroy the government by force. Many nations' laws mention various types of treason, including crimes related to insurrection, crimes related to foreign aggression, and crimes related to the inducement of foreign aggression.
| Characteristics | Values |
|---|---|
| Definition of treason in the US Constitution | "Levying war" against the US or "adhering" and providing "aid and comfort" to its enemies |
| Requirements for conviction | Testimony of two witnesses to the same overt act or confession in open court |
| Penalty | Congress decides the penalty, but it often includes a fine and/or imprisonment |
| Related offenses | Sedition, espionage, insurrection, misprision of treason, terrorism |
| Applicability | Applies to US citizens, including those with dual citizenship, and aliens domiciled in the US |
| Recent examples | Edward Snowden, Adam Yahiye Gadahn, John Walker Lindh |
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What You'll Learn
Treason defined in the US Constitution
Treason is the only crime that is defined in the US Constitution. Article III of the US Constitution defines treason as "levying war" against the United States or "adhering" to and providing "aid and comfort" to its enemies.
"Levying war" refers to assembling for a "treasonable purpose" and requires actions against the United States, not just a conspiracy against the nation. In other words, it means ""open action" against the United States through the use of force. An "open action" requires the actual enlistment of men assembled for a treasonable purpose. However, this does not mean that individuals must be physically carrying arms against the country.
To convict someone of treason for giving "aid and comfort" to an enemy, the government must prove two elements: adherence or loyalty to an enemy of the United States, and providing aid or comfort to the enemy. "Aid and comfort" refers to an act that strengthens or tends to strengthen the enemy or weakens or tends to weaken the United States. This requires a deed or physical activity rather than a mental operation.
The Constitution states that no person shall be convicted of treason unless there is testimony from two witnesses to the same overt act or a confession in open court. The federal treason statute, 18 U.S.C. § 2381, imposes minimum penalties of five years' imprisonment and a $10,000 fine. A conviction bars the defendant from holding any federal office and carries the possibility of the death penalty.
While treason prosecutions are rare, some notable cases include the conviction of abolitionist John Brown, the four Abraham Lincoln assassination conspirators, and the execution of Julius and Ethel Rosenberg for espionage conspiracy during the Cold War.
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Conspiracy to commit treason
Treason is the only crime that is defined in the US Constitution. Article III, Section 3 of the US Constitution defines treason as "levying war" against the United States or "adhering" to and providing "aid and comfort" to its enemies.
"Levying war" refers to assembling for a "treasonable purpose" and requires an open action against the United States through the use of force. It does not refer to a conspiracy against the nation. In other words, there must be an actual assembling of men for the treasonable purpose of waging war against the United States.
While treason is rarely prosecuted at the state level, most state constitutions include treason provisions similar to those in the US Constitution. Federal treason statutes also mirror the Constitution's language.
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Treason and terrorism
Treason is the only crime that is defined in the US Constitution. Article III of the US Constitution defines treason as "levying war" against the United States or "adhering" to and providing "aid and comfort" to its enemies. "Levying war" refers to assembling for a purpose "treasonable in itself". It requires actions against the United States and not just a conspiracy against the nation. In other words, it means "open action" against the United States through the use of force.
The US Constitution states that no person shall be convicted of treason unless there is testimony from two witnesses to the same overt act or a confession in open court. This is referred to as the Treason Clause. The Framers of the US Constitution intended to define treason narrowly, restricting Congress's power to change the definition of the crime and the proof needed to establish it.
Many nations' laws mention various types of treason, including "crimes related to insurrection", "crimes related to foreign aggression", and "crimes related to the inducement of foreign aggression". Conspiracy is often added to these. For example, in New Zealand, treason was the last capital crime, and in Norway, obeying an order that disturbs the liberty and security of Parliament is considered treason.
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Treason and dual citizenship
Article III of the U.S. Constitution defines treason as "levying war" against the United States or "adhering" and "providing aid or comfort" to its enemies. The Framers of the Constitution intended to define treason narrowly to restrict Congress's power to change the definition of the crime and the proof needed to establish it. As such, treason is the only crime defined in the Constitution of the United States.
While the Constitution does not explicitly mention conspiracy or dual citizenship, it is important to note that treason is a crime that involves acting against the nation. This means that an individual with dual citizenship who commits treasonous acts against the United States could be convicted, even if their actions took place in another country that also claims them as a citizen.
For example, in the case of Kawakita v. United States (1952), the Supreme Court ruled that a dual U.S.-Japanese citizen, Tomoya Kawakita, could be convicted of treason against the United States for acts committed in Japan during World War II. Kawakita had abused American prisoners of war and was found guilty, despite claiming that he had lost his U.S. citizenship while in Japan. The Court held that an American citizen owes allegiance to the United States and can be found guilty of treason, regardless of where they live or hold citizenship.
In addition to the Constitution, Congress has passed laws creating related offenses that punish conduct undermining the government or national security, such as sedition and espionage. These laws have a broader definition than Article Three treason and do not require the testimony of two witnesses.
Other countries, such as Australia, Finland, and Norway, also have laws against treason, with varying definitions and punishments. For instance, Finland distinguishes between two types of treasonable offences: maanpetos, or treachery in war, and valtiopetos, an attack against the constitutional order.
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Treason and the death penalty
Treason is the only crime defined in the US Constitution. Article III of the US Constitution defines treason as "levying war" against the US or "adhering" to and providing "aid or comfort" to its enemies. "Levying war" refers to assembling for a purpose "treasonable in itself", requiring open action and the use of force against the US. To convict someone of treason for giving aid or comfort to an enemy, the government must prove adherence or loyalty to an enemy of the US and that aid or comfort was provided.
The US Constitution does not outline a punishment for treason, but under US Code Title 18, the penalty is death or not less than five years' imprisonment (with a minimum fine of $10,000, if not sentenced to death). Any person convicted of treason against the US also forfeits the right to hold public office. Bail cannot be granted for a treason charge.
Historically, treason was punishable by death. The last American executed primarily for treason was William Bruce Mumford in 1862. Treason was the last capital crime in New Zealand law, with the death penalty for the offence abolished in 1989. In modern times, the maximum penalty for treason in the US is life imprisonment. In some states, treason is punishable by a minimum of five years' imprisonment and a maximum of 30 years. In Delaware, the penalty is not less than 5.5 years and not more than 30 years' imprisonment. In Maine, the penalty is life imprisonment with the possibility of parole after serving between 15 and 25 years. In South Dakota, the penalty is not less than one year and not more than 20 years' imprisonment. In Tennessee, a person convicted of treason is never eligible to vote.
In other countries, the punishment for treason varies. In Australia, citizens owe allegiance to their sovereign at the federal and state levels, and treason is punishable by imprisonment. In Finland, treason is distinguished as either "maanpetos" or "valtiopetos", which are punishable by imprisonment, and if aggravated, by life imprisonment. In Japan, there is no law of treason, but there is an offence against taking part in foreign aggression against the state.
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Frequently asked questions
Treason is defined as levying war against the United States or adhering and providing aid or comfort to its enemies.
Conspiracy is a precursor to treason. It involves assembling a group of people with the intention of using force to overthrow the government. However, conspiracy alone is not treason, as explained in Ex parte Bollman (1807).
The punishment for treason is decided by Congress and can include a minimum of five years' imprisonment, a $10,000 fine, and the possibility of the death penalty. A conviction also bars the defendant from holding any federal office.
Treason applies only to nationals or those owing allegiance to the United States, whereas terrorism can be committed by anyone. Additionally, treason requires the United States to be at war, while terrorism does not have this requirement.
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