Understanding Treason And Its Constitutional Punishment

Treason is considered the highest of all crimes, and in the United States, it is the only crime expressly defined by the Constitution. The Constitution grants Congress the power to declare the punishment for treason, and while treason prosecutions are rare, the penalties can be severe. The punishment for treason has evolved over time, and various laws and acts have been passed to address it, including the Conspiracies Act of 1861 and the Second Confiscation Act, which lessened the punishment. So, what exactly is the punishment for treason according to the Constitution, and how has it changed throughout history?

Explore related products

The SpyGate Conspiracy

$32.95

Ethel Rosenberg: An American Tragedy

$14.46 $28.99

The Reasonableness of Parliamentary Proceedings by Attainders, Banishments, Pain and Penalties in Cases of High Treason ..

$15.95

U.S. Code. Title 18 Part I Crimes: 2024 edition (U.S. Code. Title 18 : Crimes and criminal procedure)

$34

Treason in America: Disloyalty Versus Dissent (Jules Archer History for Young Readers)

$10.99

The Reasonableness of Parliamentary Proceedings, by Attainders, Banishments, Pains and Penalties, in Cases of High Treason, Shewn by Various ... the Reign of Edward II. to the Present Time

$21.95

Treason is defined as betraying one's allegiance by levying war or aiding the enemy

Treason is considered the highest of all crimes, and is the only crime expressly defined by the US Constitution. The Constitution's framers included the Treason Clause to guard against the historic use of treason prosecutions by repressive governments to silence otherwise legitimate political opposition.

In the US, treason is defined in Article III, Section 3 of the Constitution as:

> "Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort."

This definition is mirrored in most state constitutions, specifically limited to levying war against the state, "adhering to the enemies" of the state, or aiding the enemies of the state. Fewer than 30 people have ever been charged with treason under these laws.

Treason prosecutions are rare, with around 40 federal prosecutions (and even fewer convictions) in US history. This is partly due to the fact that treason usually threatens the nation, not merely one state. Additionally, the First Amendment limits treason prosecutions, as freedom of speech allows people to express anger toward the government, even a desire to overthrow it. However, it does not protect speech that is likely to incite others to violence. While words usually cannot constitute treason by themselves, they can serve as proof of the speaker's treasonous intent.

The US Constitution requires an overt act and intent to betray before conviction

The US Constitution's Treason Clause is unique in that treason is the only crime expressly defined by the Constitution. It is also unique in that treason applies only to Americans who have betrayed the allegiance they are presumed to owe the United States. The Constitution's Framers included the Treason Clause not so much to underscore the seriousness of such a betrayal, but to guard against the historic use of treason prosecutions by repressive governments to silence otherwise legitimate political opposition.

The Constitution requires an overt act and intent to betray before a citizen can be convicted of treason. Expressing traitorous thoughts or intentions alone does not suffice. The Treason Clause provides that the offense may only be proven by "'open confession in court' or on "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. The Cramer Court clarified that the defendant's disloyal intent must be evident from the witnessed acts themselves; the government would have to prove that each overt act alleged "actually gave aid and comfort to the enemy."

The Constitution also narrowed the scope of punishment for treason compared to English common law. While Congress has the power to establish the penalties for committing treason, it may not "work corruption of blood, or forfeiture except during the life of the person" convicted of treason. "Corruption of blood" refers to English common law, which prohibited family members from receiving or inheriting property from a person convicted of treason. Under the US Constitution, this punishment may not extend beyond the life of the person convicted of treason.

Treason is considered "the highest of all crimes" and is punishable by imprisonment and death. The federal treason statute, 18 U.S.C. § 2381, imposes minimum penalties of five years' imprisonment and a $10,000 fine. A conviction also bars the defendant from holding any federal office and carries the possibility of the death penalty. Treason prosecutions are rare, with around 40 federal prosecutions (and even fewer convictions) in US history.

The Treason Clause states Congress decides punishment but cannot alter the definition of treason

The Treason Clause, outlined in Article III, Section 3 of the United States Constitution, grants Congress the authority to determine the punishment for committing treason while prohibiting any alteration to the definition of treason. This clause underscores the seriousness of treason as a unique offence that applies specifically to Americans who have betrayed their allegiance to the United States.

The Constitution defines treason as "levying War" against the United States or "adhering to their Enemies, giving them Aid and Comfort." This definition sets a high bar for treason, requiring both concrete action and an intent to betray the nation. The Constitution further safeguards against false or passionate accusations by requiring either a confession in open court or the testimony of two witnesses to the same overt act.

The Treason Clause empowers Congress to establish penalties for treason, but it also imposes important restrictions. For example, Congress cannot impose "corruption of blood" or "forfeiture" as punishments, except during the lifetime of the person convicted of treason. This restriction deviates from English common law, which prohibited family members of convicted traitors from inheriting property.

While treason is a federal offence, it is also addressed by various state constitutions, which include similar definitions and penalties. However, treason prosecutions at the state level are extremely rare, as treason typically threatens the entire nation rather than a single state. Federal treason prosecutions are also uncommon, with only around 40 federal cases in U.S. history.

The punishment for treason under federal law includes a minimum of five years' imprisonment and a $10,000 fine. Additionally, a conviction bars the defendant from holding any federal office and carries the possibility of the death penalty. The rarity of treason prosecutions and the severity of the offence highlight the delicate balance between national security and the protection of individual rights in a democratic society.

Explore related products

The Reasonableness of Parliamentary Proceedings: By Attainders, Banishments, Pain and Penalties, in Cases of High Treason, Shewn by Various ... II to the Present Time (Classic Reprint)

$29.97

The Trial And Execution, For Petit Treason, Of Mark And Phillis: Slaves Of Capt. John Codman, Who Murdered Their Master At Charlestown, Mass., In 1755

$26.95 $7.95

TREASON: The Biden Administration's Strategic and Malicious Destruction of America's Sovereignty

$19.99 $18.46

High Treason [DVD]

$9.99 $12.99

Treason

$2.99

Treason: Liberal Treachery from the Cold War to the War on Terrorism

$8.62 $20

Treason is punishable by imprisonment, fines, and/or death, depending on the jurisdiction

Treason is considered the highest of all crimes, and it is defined as the intentional betrayal of one's allegiance by levying war against the government, adhering to the enemy, or giving them aid and comfort. It is the most serious offense one can commit against the nation and is the only crime expressly defined by the US Constitution. While treason is a criminal matter under federal and state laws, it may be treated as a civil matter under tribal law.

The punishment for treason varies depending on the jurisdiction. In the United States, treason carries the possibility of the death penalty, imprisonment, and/or fines. The federal treason statute, 18 U.S.C. § 2381, imposes a minimum penalty of five years' imprisonment and a $10,000 fine. A conviction also bars the defendant from holding any federal office. While treason prosecutions are rare, they have occurred throughout American history, particularly during times of armed conflict.

At the state level, treason laws differ. For example, Missouri defines the penalty for treason as not less than 10 years and not more than 30 years' imprisonment, with parole eligibility after serving half of the sentence. In contrast, Illinois sets the penalty for treason as not less than 2 years and not more than 10 years' imprisonment. Tennessee, on the other hand, has repealed its treason law, but those convicted of treason are permanently barred from voting in the state.

In other countries, the punishment for treason also varies. In Finland, treason is distinguished as either "maanpetos" or "valtiopetos," with both being punishable by imprisonment, and life imprisonment for aggravated cases. In France, treason is defined by Articles 411-2 to 411-11 and is punishable by life imprisonment and a substantial fine. Meanwhile, in Germany, treason carries a penalty of one to fifteen years in prison, with the possibility of life imprisonment in severe cases.

Treason prosecutions are rare in the US, with few convictions in history

Treason is defined in the US Constitution as "levying war" against the US or "adhering to [the US's] enemies, giving them aid and comfort". The Constitution also states that no person shall be convicted of treason without the testimony of two witnesses to the same overt act, or a confession in open court. This high burden of proof is likely one of the reasons treason prosecutions are so rare.

The Constitution grants Congress the power to set penalties for treason, but not to alter its definition or create degrees of treason. The penalty for treason under US Code Title 18 is death or imprisonment. However, the "Second Confiscation Act" of 1862 lessened the punishment for treason, allowing for the possibility of lesser sentences.

Treason prosecutions are rare in the US, with only around 40 federal prosecutions and even fewer convictions in history. State treason prosecutions are even rarer, with only three people ever charged at the state level. This is because treason usually threatens the nation as a whole, rather than any individual state.

The First Amendment is the primary limitation on treason prosecutions, as it protects freedom of speech. While words alone typically cannot constitute treason, they can serve as proof of treasonous intent. The Constitution also requires an overt act, meaning the defendant's disloyal intent must be evident from witnessed acts. This further raises the bar for prosecution.

Some notable treason prosecutions in US history include:

• The Whiskey Rebellion in 1794, which resulted in several convictions that were pardoned by President George Washington.
• The trial of Aaron Burr in 1807, which resulted in an acquittal.
• The treason trials of Copperheads during the American Civil War, for conspiring with the Confederacy.
• The trial of Mildred Gillars ("Axis Sally") in 1949, which resulted in a conviction and a sentence of 10 to 30 years in prison.
• The trial of Iva Toguri D'Aquino ("Tokyo Rose") in 1949, which resulted in a conviction and a sentence of 10 years in prison.

Frequently asked questions