Omar Bennett
Treason is the only crime defined in the US Constitution. It is unique in that it is a crime that applies only to Americans who have betrayed the allegiance they are presumed to owe the United States. The Framers of the Constitution were wary of vesting the power to declare and punish treason in Congress, as they had seen how English kings and the British Parliament had used the crime of treason to eliminate their political dissidents. The Constitution, therefore, provides a restrictive definition of treason, which consists of levying war against the United States or adhering to and providing aid or comfort to its enemies.
| Characteristics | Values |
|---|---|
| Definition | Treason is defined as levying war against the United States or helping an enemy of the United States. |
| Applicability | Only Americans who have betrayed the allegiance they are presumed to owe to the United States can be charged with treason. |
| Conviction | 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. |
| Punishment | Congress has the power to declare the punishment for treason. |
| Dual Citizens | If a dual citizen aids an enemy of the United States due to compulsion by another country's laws, it is unlikely to be considered treason unless done so knowingly and voluntarily. |
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What You'll Learn
'Levying war' against the US
Treason is the only crime expressly defined by the US Constitution, and it applies only to Americans who have betrayed the allegiance they are presumed to owe to the United States. The Framers of the Constitution were wary of vesting the power to declare and punish treason in Congress, having witnessed how the English kings and British Parliament used treason charges to eliminate their political dissidents. Thus, they created a restrictive concept of treason, limiting the offence of treason to only two types of conduct: levying war against the United States, and adhering to the enemies of the United States, giving them aid and comfort.
Levying war against the United States refers to assembling for a purpose "treasonable in itself", requiring open action against the United States through the use of force. It is not enough to merely conspire against the nation; there must be an actual assembling of men with a treasonable purpose to constitute levying war. This distinction was clarified by Chief Justice Marshall, who emphasised that the enlistment of men to serve against the government does not amount to levying war. However, if a body of men is assembled for the purpose of effecting a treasonable purpose by force, all those involved are considered traitors, regardless of their proximity to the scene of action.
To convict someone of treason for levying war, the government must prove an overt act, either through the testimony of two witnesses to the same act or a confession in open court. The defendant's disloyal intent must be evident from their witnessed acts, and the two-witness requirement serves to raise the bar for prosecution. This requirement protects against false or passion-driven accusations of treason, ensuring that treason charges are not used to undermine political opponents.
In summary, levying war against the United States involves the open use of force with a treasonable purpose and requires an overt act that is proven through witness testimony or confession. This definition of treason aims to balance the need for national security with respect for First Amendment values and protection against false prosecutions.
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Aiding and abetting enemies of the US
Treason is the only crime defined in the US Constitution. It is the act of waging war against the United States or materially aiding its enemies.
The Framers of the Constitution wanted to create a "restrictive concept of the crime of treason". They had seen how the English kings and British Parliament had escalated "ordinary partisan disputes into capital charges of treason". The Framers wanted to guard against the use of treason prosecutions by repressive governments to silence legitimate political opposition.
To convict someone of treason for aiding and abetting an enemy of the US, 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 defendant's disloyal intent must be evident from their acts. The government must prove that each act alleged "actually gave aid and comfort to the enemy". The ""overt act requirement means that expressing traitorous thoughts or intentions is not enough for a conviction.
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". This two-witness principle prohibits "imputation of incriminating acts to the accused by circumstantial evidence or by the testimony of a single witness".
In the case of Haupt v. United States (1947), the Supreme Court sustained a treason conviction for the first time in its history. The defendant was charged with harbouring and sheltering his son, who was an enemy spy and saboteur, and assisting him in purchasing an automobile and obtaining employment in a defence plant. The Court held that these acts were "aid and comfort" to the enemy, regardless of whether the defendant knew of his son's treasonous mission.
In conclusion, aiding and abetting enemies of the US is a serious offence that can lead to a conviction for treason under the US Constitution. The government must prove both an overt act of providing aid or comfort to an enemy, as well as the defendant's intent to betray the nation. The high standard of proof required for a treason conviction helps to protect against false or flimsy prosecutions.
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The Treason Clause
The inclusion of the Treason Clause was not solely to emphasise the seriousness of betraying one's nation but to safeguard against the misuse of treason prosecutions by repressive governments to suppress legitimate political opposition. This concern arose from the Framers' experience with the English kings and British Parliament, who had used treason charges to eliminate political dissidents. Thus, the Framers aimed to define treason narrowly and protect against false or flimsy prosecutions.
To convict someone of treason, the Constitution requires proof of both a concrete action and an intent to betray the nation. "Levying war" refers to assembling for a treasonable purpose and taking open action against the United States through the use of force. Providing "aid and comfort" to an enemy entails more than casual assistance; it must assist the enemy in an essential way in their plan to commit treason. The government must prove adherence or loyalty to an enemy of the United States and the provision of aid or comfort to them.
The Supreme Court has clarified the meaning of "levying war" and "aid and comfort" in the few treason cases that have reached it, mostly arising from World War II. These cases have addressed the evidentiary standards and the distinction between providing aid due to compulsion versus voluntary action.
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The two-witness rule
Treason is the only crime defined in the US Constitution. It is the act of waging war against the United States or materially aiding its enemies. The Framers of the Constitution wanted to create a "restrictive concept of the crime of treason" as they had witnessed how the English kings and British Parliament had used the crime of treason to eliminate their political dissidents.
The Cramer Court case further emphasised the importance of the two-witness rule. In this case, the defendant met with a man who was later revealed to be a German soldier in the United States. Despite this, the Court ruled that these facts alone did not establish that the defendant had given aid and comfort to the enemy, and thus reversed the treason conviction. This case demonstrated that the two-witness rule protects individuals from being convicted of treason based solely on circumstantial evidence or the testimony of a single witness.
In conclusion, the two-witness rule in treason cases serves as a safeguard against potential abuses of power and ensures that the prosecution must meet a high standard of proof. It protects individuals from being convicted based on speculation or circumstantial evidence and requires a clear demonstration of disloyal intent through witnessed acts.
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Treason and dual citizenship
Treason is the only crime expressly defined by the US Constitution. It is defined as levying war against the United States or aiding and providing comfort to its enemies. The Framers of the Constitution were wary of vesting the power to declare and punish treason in Congress, having witnessed how the English kings and British Parliament used treason charges to eliminate political dissidents. To guard against this, the Framers created a restrictive concept of treason, requiring both concrete action and an intent to betray the nation for a citizen to be convicted of treason.
Dual citizenship or multiple citizenship is a person's legal status in which they are recognized by more than one country as a citizen or national. While there is no international convention determining citizenship status, which is instead determined by national laws, many nations have attempted to resolve the issue of dual citizenship by requiring individuals to choose one nationality upon reaching maturity. The US historically opposed dual citizenship, negotiating Bancroft Treaties with European states from 1868 to 1937, which treated the voluntary naturalization of a former citizen with another nation as a renunciation of US citizenship. However, this consensus began to erode in the late 20th century, with many states lifting restrictions on dual citizenship.
The issue of dual citizenship and treason came to the fore in the case of Kawakita v. United States, where the Supreme Court ruled that a dual US-Japanese citizen could be convicted of treason for acts performed in Japan during World War II. Tomoya Kawakita, born in California to Japanese parents, was charged with treason for abusing American prisoners of war. Kawakita argued that he had lost his US citizenship while in Japan, but the Court ruled that he had retained his citizenship and owed allegiance to the United States, regardless of his dual citizenship.
In another instance, following the 1867 Fenian Rising, Irish-born naturalized American citizens who participated in the uprising in Ireland were charged with treason by British authorities, who considered them British subjects. This highlights the complexities that dual citizenship can introduce, particularly during times of international conflict.
While dual citizenship itself does not constitute treason, a dual citizen may be compelled to provide aid and comfort to an enemy of the United States due to the laws of another country. If such actions are undertaken knowingly and voluntarily, it could be considered treason. However, if they are performed under coercion, it is unlikely to rise to the level of treason.
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Frequently asked questions
Treason is defined by the US Constitution as levying war against the United States or helping an enemy of the United States.
"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.
Giving "aid and comfort" to an enemy means providing assistance that is essential to their plan or design to commit a treasonous act. It must be proven that the accused had adherence or loyalty to an enemy of the United States, and that they provided aid or comfort to the enemy.
No person shall be convicted of treason unless there is a confession in open court or the testimony of two witnesses to the same overt act.
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