Isabella Carter
Section 3 of Article Three of the United States Constitution defines treason against the nation and outlines the powers of Congress to punish treason. It establishes that at least two witnesses must testify to the treasonous act or that the accused must confess in open court. This section also limits the ways in which Congress can punish those convicted of treason. In addition, Section 3 of Article One outlines the composition and responsibilities of the Senate, including the requirement that each state shall have two senators serving six-year terms, with one-third of senators being chosen every two years.
| Characteristics | Values |
|---|---|
| Section 3 of Article Three | Defines treason |
| Empowers Congress to punish treason | |
| Requires the testimony of two witnesses or a confession in open court to convict for treason | |
| Limits the ways in which Congress can punish those convicted of treason | |
| Article I, Section 3 | The Senate has the sole power to try impeachments |
| The Chief Justice shall preside over the impeachment trial of the President of the United States | |
| No person shall be convicted without the concurrence of two-thirds of the Members present | |
| The seats of Senators of the first class shall be vacated at the expiration of the second year | |
| No person shall be a Senator who has not attained the age of thirty years, been nine years a citizen of the United States, and who is not, when elected, an inhabitant of the State for which they are chosen |
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What You'll Learn
Treason is defined
Section 3 of Article Three of the United States Constitution defines treason and empowers Congress to punish treason. The Treason Clause was one of the enumerated powers of the federal government, according to lawyer William J. Olson. By defining treason in the U.S. Constitution, the founders intended the power to be checked by the judiciary, ruling out trials by military commissions.
James Madison noted that the Treason Clause was designed to limit the power of the federal government to punish its citizens for "adhering to [the] enemies [of the United States], giving them aid and comfort." Section 3 also requires the testimony of two different witnesses to the same overt act, or a confession by the accused in open court, to convict for treason. This rule was derived from the English Treason Act of 1695. English law did not require both witnesses to have witnessed the same overt act. Benjamin Franklin supported this requirement.
Section 3 also limits the ways in which Congress can punish those convicted of treason.
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Congress can punish treason
Section 3 of Article Three of the United States Constitution defines treason and empowers Congress to punish treason. This is known as the Treason Clause, which was intended to limit the power of the federal government to punish its citizens for "adhering to [the] enemies [of the United States], giving them aid and comfort."
The Treason Clause is one of the enumerated powers of the federal government, as noted by lawyer William J. Olson in Hedges v. Obama. Olson argued that by defining treason in the Constitution and placing it in Article III, the founders intended for the power to be checked by the judiciary, ruling out trials by military commissions. This interpretation is supported by James Madison, who believed that the Treason Clause was designed to restrict the federal government's ability to punish citizens for aiding the enemies of the United States.
To convict an individual of treason, Section 3 requires the testimony of two different witnesses on the same overt act or a confession by the accused in open court. This rule, derived from the English Treason Act of 1695, was supported by Benjamin Franklin. It is important to note that English law did not require both witnesses to have witnessed the same overt act.
In addition to defining treason and establishing the requirements for conviction, Section 3 also limits the ways in which Congress can punish those convicted of treason. This is in line with the overall principle of separating legislative, executive, and judicial powers, as outlined in the US Constitution and attributed to Montesquieu's writing on the separation of powers in "The Spirit of Laws."
Furthermore, Section 3 of Article Three should be considered alongside other sections of the Constitution. For example, Article I, Section 3, Clause 6 refers to a "Chief Justice" who shall preside over the impeachment trial of the President of the United States, demonstrating the Constitution's attention to judicial processes and the distribution of powers.
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Testimonies of two witnesses or confession in open court are required for treason conviction
Section 3 of Article Three of the United States Constitution defines treason and empowers Congress to punish treason. However, it places a check on this power by requiring the testimony of two witnesses to the same overt act, or a confession by the accused in open court, to convict someone of treason. This rule, derived from the English Treason Act of 1695, was intended to limit the power of the federal government to punish its citizens for "adhering to [the] enemies [of the United States by], giving them aid and comfort."
The requirement of two witness testimonies for a treason conviction is a key protection against false accusations and ensures that a conviction is based on multiple perspectives and accounts of the alleged treasonous act. This requirement was supported by Benjamin Franklin and included in the Constitution to provide additional safeguards for those accused of treason, which is a serious crime with significant consequences.
The alternative to witness testimonies is a confession by the accused, made voluntarily in open court. This option allows for the possibility of a swift resolution to the case, but the accused's confession must be given willingly and without coercion. The presence of an open court ensures transparency and procedural fairness in the process.
The inclusion of these requirements in Section 3 reflects the founders' intention to balance the need for addressing treasonous acts with the protection of individual rights and due process. By establishing these evidentiary standards, the Constitution sets a high bar for treason convictions, helping to ensure that such accusations are not made lightly and that those accused are afforded a robust defence.
In summary, the requirement of testimonies from two witnesses or a confession in open court for a treason conviction, as outlined in Section 3 of the Constitution, serves as a critical safeguard against abuse of power and protects the rights of individuals accused of treason. This provision demonstrates the founders' commitment to due process and the separation of powers, reinforcing the integrity of the judicial system in the United States.
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The Senate composition
The Senators are divided into three classes, with the seats of the first class vacated after two years, the second class after four, and the third class after six years. This ensures that one-third of the Senate is chosen every second year. Vacancies that occur during the recess of the State Legislature may be temporarily filled by the State's Executive until the next meeting of the Legislature.
To be eligible to serve as a Senator, an individual must be at least thirty years old, have been a citizen of the United States for nine years, and be an inhabitant of the State for which they are chosen at the time of their election.
The Senate holds the sole power to try impeachments, and when sitting for this purpose, its members are placed under oath or affirmation. When the President of the United States is tried, the Chief Justice presides, and a conviction requires the concurrence of two-thirds of the Members present.
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Judicial power
Article III of the United States Constitution outlines the country's judicial system, vesting the judicial power of the United States in federal courts. Section 2 of this article gives original jurisdiction to the Supreme Court in cases involving ambassadors, public officials, or the states. It also grants Congress the power to revoke the Supreme Court's appellate jurisdiction, which it has exercised since the 1803 Marbury v. Madison case.
Section 3 of Article III defines treason and empowers Congress to punish treason. It requires the testimony of two witnesses to the same act or a confession in open court to convict someone of treason. This rule, derived from the English Treason Act of 1695, was supported by Benjamin Franklin and intended to limit the federal government's power to punish citizens for aiding enemies of the United States.
The Judicial Power of the United States is vested in one Supreme Court and such Inferior Courts as the Legislature deems necessary. The number of justices has been fixed at nine since the Judiciary Act of 1869: one chief justice and eight associate justices.
Article III does not set the number of justices that must be appointed to the Supreme Court, and it does not grant the federal judiciary the power of judicial review. However, the courts have exercised this power since the Marbury v. Madison case in 1803.
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Frequently asked questions
Section 3 of Article Three of the US Constitution defines treason and empowers Congress to punish treason.
Treason is defined as adhering to enemies of the United States, giving them aid and comfort.
Section 3 requires the testimony of two witnesses to the same overt act or a confession by the accused in open court.
