Malcolm Rivera
The only crime expressly defined by the US Constitution is treason, which applies to Americans who have betrayed the allegiance they are presumed to owe the United States. Article III, Section 3, Clause 1 of the US Constitution states that treason against the United States consists of levying war against the nation or aiding its enemies. The Framers of the Constitution aimed to create a restrictive concept of treason, narrowing the scope of impeachable offenses compared to English practice at the time. They wanted to prevent the use of treason prosecutions by repressive governments to silence legitimate political opposition, as had been historically done. While the term levying war has been interpreted narrowly by the Supreme Court, requiring an actual assemblage of men to execute a treasonable design, the Court has clarified what constitutes providing aid or comfort to enemies. This includes proving adherence or loyalty to an enemy and providing essential assistance to their treasonous plans.
| Characteristics | Values |
|---|---|
| Crime defined in the U.S. Constitution | Treason |
| Treason defined | Levying war against the U.S. or aiding its enemies |
| Treason conviction requirements | Testimony of two witnesses to the same overt act or a confession in open court |
| Treason conviction rate | Rare, with few cases in U.S. history |
| Treason in historical context | Used by repressive governments to target political dissidents |
| Modern context | Applicable to aiding terrorist groups |
| Subversion of the Constitution | Impeachable offense, including attempts to subvert |
| Rule of law subversion | Unconstitutional actions by the executive branch |
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What You'll Learn
Treason is the only crime expressly defined by the US Constitution
The Framers intended to define treason narrowly, making it challenging to establish that someone had committed treason. This was partly a response to their experience with English law, which allowed for a broad interpretation of treason, and partly to guard against the historical use of treason prosecutions by repressive governments to silence legitimate political opposition. As such, the Constitution requires both concrete action and an intent to betray the nation before a citizen can be convicted of treason. Expressing traitorous thoughts or intentions is not sufficient for a conviction.
The Treason Clause also provides procedural safeguards for those accused of treason. For example, the offense may only be proven by "open confession in court" or through the testimony of two witnesses to the same overt act. The overt act" requirement was designed to limit the kind of substantive behaviour that could be considered treasonous, and to raise the bar for prosecution. The Supreme Court has further interpreted the Treason Clause narrowly, dismissing charges of treason brought against two associates of former Vice President Aaron Burr on the grounds that their conduct did not constitute "levying war" against the United States.
Despite these safeguards, treason prosecutions can still be politically charged and subject to abuse. For example, during the Cold War, prosecutors often conflated charges of espionage or communism with treason, even though these acts did not necessarily involve the same level of betrayal or intent to betray the nation as treason. In response to this, Congress passed several new national security laws, expanding the menu of federal crimes and reducing the need for prosecutors to resort to treason charges.
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Levying war means assembling to act against the US
The US Constitution defines treason as "levying war" against the United States. This phrase refers to the assembling of people for a treasonous purpose, which requires open action against the US through the use of force. In other words, it means actively waging war against the US.
The Treason Clause in Article III of the US Constitution gives courts the power to determine whether an individual is guilty of "levying war" against the nation. This clause is significant as it ensures that the courts play a crucial role in evaluating individual threats to national security.
To be convicted of treason for "levying war", there must be an actual assemblage of men for the purpose of executing a treasonable design. In other words, there must be an actual gathering of people with the intention of carrying out a treasonous act through the use of force. Chief Justice John Marshall emphasised that merely conspiring to "subvert by force the government" was not sufficient to constitute "levying war". He distinguished between conspiring to levy war and actually levying war, stating that the former must be brought into open action by the assemblage of people for a treasonous purpose.
The requirement for an "actual assemblage" sets a high bar for convicting someone of treason through "levying war". This standard was demonstrated in the case of Ex parte Bollman & Swarthout (1807), where the Supreme Court dismissed charges of treason against two associates of former Vice President Aaron Burr. The Court ruled that their alleged conduct, which included recruiting troops, procuring maps, and drawing up plans, did not constitute "levying war" as there was no "actual assemblage" for a treasonous purpose.
In conclusion, "levying war" means actively assembling and acting against the US with the intention of committing treason through the use of force. The legal interpretation of this phrase has been refined through significant cases in US history, such as the Burr Trial and Ex parte Bollman & Swarthout, shaping the understanding of treason and the protection of individuals' rights.
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Treason requires an actual assemblage of men
Treason is a unique crime in the constitutional order, applying only to Americans who have betrayed their presumed allegiance to the United States. The framers of the Constitution included the Treason Clause to guard against the misuse of treason prosecutions by repressive governments to silence legitimate political opposition. The Treason Clause provides that the offense may be proven by an “open confession in court" or the testimony of two witnesses to the same overt act. This two-witness rule was designed to prevent the government from easily levelling such serious accusations.
The interpretation of "levying war" against the United States has been a significant aspect of treason law. In the case of Ex parte Bollman & Swarthout (1807), Chief Justice John Marshall clarified that "levying war" requires an actual assemblage of men with the intent to pursue a treasonable purpose, not merely plotting or conspiring. This case involved an alleged plot by former Vice President Aaron Burr to overthrow the American government in New Orleans. The Supreme Court dismissed treason charges against two of Burr's associates, Bollman and Swarthout, as their conduct did not constitute "levying war" under the Treason Clause.
The line between conspiracy and treason is drawn at the point of physical assembly for hostile action against the nation. This distinction was emphasised in Cramer v. United States (1945), which refined the requirements for proving treason. The Supreme Court stressed that treasonous intent must be evident, and mere associations or expressions of sympathy are insufficient for treason charges. The Court also clarified the meaning of "aiding and comforting the enemy," requiring concrete actions coupled with the intent to betray.
While treason charges are rare, laws addressing related crimes like sedition and insurrection provide mechanisms to address threats to government authority. The legal framework aims to balance national security with individual liberties, reflecting the foresight of the Constitution's framers. The distinction between conspiracy and treason, as outlined in Ex parte Bollman, underscores the importance of this balance by requiring an "actual assemblage of men" for treason charges.
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Treason is harder to prove than other crimes
Treason is considered the "highest of all crimes", as it involves the intentional betrayal of allegiance to one's country. It is the only crime expressly defined by the US Constitution and applies only to Americans who have betrayed the allegiance they owe to the United States.
The rarity of treason prosecutions also contributes to the perception that treason is harder to prove. Treason prosecutions are rare, with only around 40 federal prosecutions and even fewer convictions in US history. This is partly because most treasonous acts threaten the nation as a whole rather than individual states, and partly because treason requires intentional betrayal, excluding those who unintentionally aid the enemy or are coerced. Additionally, the Supreme Court's decision in Cramer v. United States (1945) made treason more challenging to prosecute by interpreting the Treason Clause leniently, allowing for treason charges to be used during times of war.
Furthermore, treason is a unique crime that doesn't easily fit into standard criminal categories. It can encompass a wide range of actions, from levying war to providing aid and comfort to enemies. This broad scope can make it challenging for prosecutors to build a case that satisfies all the elements of treason. Additionally, treason is distinct from other similar crimes, such as material support, which can be charged against both citizens and non-citizens without requiring a breach of allegiance to the United States.
In conclusion, treason is harder to prove than other crimes due to the stringent evidentiary requirements, the need to establish intent to betray, the rarity of prosecutions, the unique nature of the crime, and the interpretation of the Treason Clause by the Supreme Court. These factors have contributed to the perception that treason is a challenging crime to prosecute successfully.
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Treason is punishable by death or a minimum five-year prison sentence
Treason is the only crime that is expressly defined by the US Constitution. It is an act of betrayal, where an American citizen goes against the allegiance they owe to their country. The Constitution specifically identifies what constitutes treason against the United States and limits the offence to only two types of conduct:
- "Levying war" against the United States.
- "Adhering to [the] enemies [of the United States], giving them aid and comfort".
The US Constitution states:
> Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the testimony of two Witnesses to the same overt Act, or on Confession in open Court.
The Treason Clause is a powerful piece of textual evidence that gives courts the authority to evaluate individual threats to national security. It is important to note that treason does not include merely conspiring to subvert the government by force. An actual assemblage of men for the purpose of executing a treasonable design is required for a person to be convicted of treason.
Treason is a serious offence and is punishable by death or a minimum of five years in prison, along with a fine of at least $10,000.
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Frequently asked questions
Treason is the only crime that is expressly defined by the US Constitution. It is defined as levying war against the United States or aiding 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.
To convict someone of treason for giving aid to an enemy of the United States, the government must prove two elements: adherence or loyalty to an enemy of the United States, and providing aid or comfort to the enemy. The aid or comfort must assist the enemy in some essential way to assist in their plan or design to commit a treasonous act.
Since the Constitution's ratification, Congress has only brought treason charges 30 times. Few treason cases have ever reached the Supreme Court. Although there were several instances in early American history, the Court first sustained a treason conviction in 1947.
