Eleanor Finch
The United States Constitution only contains direct references to three federal crimes: treason, piracy, and counterfeiting. However, it plays a significant role in the American criminal justice system by establishing federalism, requiring the separation of powers between the three branches of government, and limiting Congress's authority to pass certain laws. While the Constitution itself does not list many federal crimes, there are numerous federal laws against various offenses, such as murder, robbery, drug trafficking, and conspiracy, which are tried and convicted in federal courts. These crimes are investigated by federal law enforcement and prosecuted by United States attorneys in federal courts with federal judges. Understanding the federal crimes listed in the Constitution and their implications is essential for comprehending the foundations of the American criminal justice system.
| Characteristics | Values |
|---|---|
| Number of crimes listed in the Constitution | 3 |
| Crimes listed | Treason, Piracy, Counterfeiting |
| Punishment for treason | Death |
| Punishment for piracy | Imprisonment |
| Punishment for counterfeiting | Not specified |
| Jurisdiction for the trial of federal crimes | District courts and circuit courts |
| Rights | Freedom of speech, freedom of religion, freedom of assembly, freedom of association, personal possession of firearms |
| Other federal crimes | Mail fraud, aircraft hijacking, carjacking, kidnapping, lynching, bank robbery, child pornography, credit card fraud, identity theft, computer crimes, federal hate crimes, animal cruelty, violations of the Federal Racketeer Influenced and Corrupt Organizations Act (RICO), obscenity, tax evasion, violations of the Espionage Act, violations of the Patriot Act (pre-2020), illegal wiretapping, art theft from a museum, damaging or destroying public mailboxes, electoral fraud, immigration offenses, assassinating or attempting the assassination of the President or Vice President |
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What You'll Learn
Treason, Piracy, and Counterfeiting
The US Constitution only contains direct references to three crimes: treason, piracy, and counterfeiting.
Treason
Treason is a unique offense in the US constitutional order—it is the only crime expressly defined by the Constitution. Treason applies only to Americans who have betrayed the allegiance they are presumed to owe the United States. The Constitution uses the word "war" in Article I, allocating to Congress the power to "declare war," and again in Article III, giving the courts the power to hear cases requiring them to determine whether an individual is guilty of "levying war" against the United States. The federal statute defining treason is almost a mirror image of this definition, and it is one of the few crimes for which a defendant may "suffer death."
Piracy
Congress is empowered under Article I, Section 8 of the Constitution to "define and punish Piracies and Felonies committed on the high Seas." Congress did create a law to punish piracy, so anyone caught robbing American mariners on the high seas can potentially face life in prison.
Counterfeiting
Article I, Section 8 of the Constitution also endows Congress with the ability to punish those who counterfeit "the Securities and current Coin of the United States." This includes deterrents to counterfeiting obligations and securities, as well as possessing or selling impressions of tools used for obligations or securities.
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Crimes Act of 1790
The US Constitution directly refers to three crimes: treason, piracy, and counterfeiting. The Constitution also empowers Congress to create laws that address a wide range of other crimes, including violent and theft crimes.
The Crimes Act of 1790 was passed on April 30, 1790, and was primarily authored by Senator (and future Chief Justice) Oliver Ellsworth. The Act examined the state criminal laws of Massachusetts, New Jersey, Pennsylvania, Virginia, and South Carolina. The Crimes Act generated little reported debate on the floor of Congress.
The Act defined treason against the United States as "levying war against them, or adhering to their enemies, giving them aid and comfort." It also provided for the punishment of treason, which could include the death penalty. The Crimes Act of 1790 was amended and replaced by the Criminal Code of 1909, which was later re-codified in 1948, with the treason offense amended and moved to 18 U.S.C. § 2381, where it remains today.
The Crimes Act of 1790 also included provisions that addressed the integrity of the federal criminal process, bribery, misprison of treason, and revenue measures. These provisions suggest that Congress did not view certain punishments, such as "stripes" and disqualification from office, as cruel and unusual. The Act also indicated that Congress believed it had the power to make conviction by a court an alternative means of removing a federal judge outside of the impeachment context.
Between 1790 and 1801, only 426 criminal cases were brought in all federal courts, including district and circuit courts.
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Federal crimes and their prosecution
The United States Constitution only contains direct references to three federal crimes: treason, piracy, and counterfeiting. However, it plays a significant role in the American criminal justice system and establishes limits on certain types of legislation and substantive law. It also provides procedural constraints on the government when prosecuting individuals for crimes.
Treason is defined in the Constitution as levying war or giving aid and comfort to enemies of the United States. It is one of the few crimes that carry the death penalty. Piracy, or committing piracy on the high seas, is another crime listed in the Constitution, punishable by prison time. The Constitution also allows Congress to punish those who counterfeit "the Securities and current Coin of the United States."
While the Constitution only directly mentions these three crimes, there are numerous other federal crimes that are tried and convicted in federal courts. These include mail fraud, aircraft hijacking, carjacking, kidnapping, lynching, bank robbery, child pornography, credit card fraud, identity theft, computer crimes, federal hate crimes, animal cruelty, violations of the Federal Racketeer Influenced and Corrupt Organizations Act (RICO), obscenity, tax evasion, violations of the Espionage Act, illegal wiretapping, art theft from a museum, damaging or destroying public mailboxes, electoral fraud, immigration offenses, and assassinating or attempting to assassinate the President or Vice President.
Federal crimes are investigated by federal law enforcement and prosecuted by United States attorneys in federal courts with federal judges. Prosecution guidelines are established by the United States Attorney in each federal judicial district and by laws established by Congress. The Crimes Act of 1790 established a statute of limitations for federal crimes, provided for criminal venue, and ensured procedural protections for defendants. It also simplified pleading requirements for perjury and provided protections against corruption of blood.
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Federal laws and jurisdiction
The US Constitution only contains direct references to three federal crimes: treason, piracy, and counterfeiting. However, it has played a significant role in shaping the American criminal justice system and federal laws.
The Constitution establishes federalism, outlining the relationship between the federal government and state governments, and requires the separation of powers between the judicial, legislative, and executive branches. It limits Congress's authority to pass laws unrelated to its enumerated or implied powers and establishes procedural constraints on the government when prosecuting individuals.
While the Constitution itself only directly mentions three crimes, there are numerous federal crimes that fall under its jurisdiction and are tried and convicted in federal courts. These include drug trafficking, conspiracy, mail fraud, aircraft hijacking, carjacking, kidnapping, lynching, bank robbery, child pornography, credit card fraud, identity theft, computer crimes, federal hate crimes, animal cruelty, violations of the Federal Racketeer Influenced and Corrupt Organizations Act (RICO), obscenity, tax evasion, violations of the Espionage Act, illegal wiretapping, art theft from a museum, damaging or destroying public mailboxes, electoral fraud, and immigration offenses.
Federal crimes are offenses that violate US federal laws and are investigated by federal law enforcement. They are prosecuted by United States attorneys in federal courts with federal judges. These crimes can include offenses that would typically fall under state or local jurisdictions if they occurred on federal property or an Indian reservation.
The Crimes Act of 1790 further contributed to the development of federal crimes and their prosecution. It established a statute of limitations for federal crimes, provided for criminal venue, ensured procedural protections for treason and capital defendants, simplified pleading requirements for perjury, and provided protections against corruption of blood. The Act also addressed punitive dissection of murderers and diplomatic immunity. The Judiciary Act of 1789, which accompanied the Crimes Act, divided original jurisdiction for the trial of federal crimes between district and circuit courts, with the circuit courts handling more serious offenses.
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Theft, perjury, and bribery
The US Constitution directly mentions only three crimes: treason, piracy, and counterfeiting. However, federal laws against other crimes, such as murder and robbery, have been justified under the Necessary and Proper Clause and the Commerce Clause.
While theft is not explicitly mentioned in the Constitution, there are federal laws against robbery and embezzlement, which are types of theft. Additionally, 18 U.S.C. § 666 criminalizes theft concerning programs receiving federal funds.
Perjury is addressed in 18 U.S.C. Chapter 79, which states that anyone who, under oath, willfully subscribes as true any material matter that they do not believe to be true is guilty of perjury. The punishment for perjury includes a fine, imprisonment of up to five years, or both.
Bribery is addressed in 18 U.S.C. § 201, which pertains to the bribery of public officials and witnesses. Public Law 87-849, enacted in 1963, strengthened the criminal laws relating to bribery, graft, and conflicts of interest. This law created a category of special government employees and granted the President and agency heads the power to void transactions made in violation of bribery laws.
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Frequently asked questions
Only three federal crimes are listed in the US Constitution.
The three federal crimes listed in the US Constitution are treason, piracy, and counterfeiting.
Article III, Section 3 of the US Constitution defines treason as levying war or any action against the United States, or giving aid or comfort to enemies of the country.
Treason is one of the few crimes in the US Constitution that states a guilty party may suffer death.
