Exploring Treason: Constitutional Definition And Section

Treason is a unique offence in the constitutional order of the United States, and it is the only crime expressly defined by the Constitution. Article III, Section 3 of the Constitution identifies what constitutes treason against the United States and limits the offence to two types of conduct: levying war against the United States, and adhering to [its] enemies, giving them aid and comfort. The Constitution also narrowed the scope of punishment for treason compared to English common law, and treason prosecutions have become rare.

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Treason is a unique offense

Treason is a unique offence, as it is the only crime that is expressly defined by the US Constitution. It is also unique in that it only applies to Americans who have betrayed the allegiance they are presumed to owe to the United States. This allegiance is presumed to be owed by all American citizens, including those with dual citizenship, and aliens domiciled in the US.

The Framers of the Constitution included the Treason Clause to guard against the historic use of treason prosecutions by repressive governments to silence legitimate political opposition. The clause also aimed to narrowly define the offence and protect against false or flimsy prosecutions. The Framers adapted parts of the English Statute of Treason when formulating the Treason Clause, but they specifically omitted the phrase defining treason as "compass[ing] or imagin[ing] the death of our lord the King". This was to prevent the development of "constructive treason" laws, as had occurred in England.

The Constitution identifies what constitutes treason against the United States and limits the offence to two types of conduct: "levying war" against the US, and "adhering to [its] enemies, giving them aid and comfort". The Supreme Court has further defined what each type of treason entails, interpreting the offence of "levying war" narrowly. For instance, merely conspiring to overthrow the government does not constitute "levying war"; there must be an actual assemblage of people who are ready and intend to use force. Providing aid to the enemy requires some kind of action beyond mere sympathy, and treason by aiding the enemy can only be committed during wartime.

The Constitution also narrowed the scope of punishment for treason compared to English common law. While Congress has the power to establish penalties for treason, it may not "work corruption of blood, or forfeiture except during the life of the person" convicted of treason. This means that punishments for treason, such as the prohibition of family members from inheriting property from a convicted traitor, cannot extend beyond the life of the convicted person.

The Constitution's Framers

The Framers of the U.S. Constitution included a Treason Clause to define treason and restrict Congress's ability to change its definition or the evidence required to prove it. This was influenced by their experience with English treason law, which had a broader definition and was used to suppress political opposition.

The Framers adapted parts of the English Statute of Treason, but notably excluded the phrase defining treason as "compassing or imagining the death of the King". They also witnessed treason during the Revolutionary War, such as General Benedict Arnold's betrayal in 1780.

Article III, Section 3 of the U.S. Constitution defines treason as one of two acts: "levying war" against the United States or "adhering to their enemies, giving them aid and comfort". This definition is intentionally narrow, requiring an actual assemblage of people who are ready and intend to use force, rather than mere conspiracy.

The Framers also restricted the scope of punishment for treason compared to English common law. While Congress can set penalties, it cannot impose "corruption of blood", or forfeiture beyond the life of the convicted person. This prevents the punishment from extending to family members, such as prohibiting them from inheriting property.

In summary, the Framers of the Constitution sought to define treason narrowly, protect against false prosecutions, and restrict the punishment to the individual convicted.

Treason against the United States

Treason is a unique offence in the US constitutional order, as it is the only crime expressly defined by the Constitution. The Treason Clause applies only to Americans who have betrayed the allegiance they are presumed to owe the United States. The Constitution's Framers shared the view that all citizens owed a duty of loyalty to their nation, and included the Treason Clause to guard against the historic use of treason prosecutions by repressive governments to silence legitimate political opposition.

Article III, Section 3, Clause 1 of 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 Framers adapted parts of the English Statute of Treason when formulating the Treason Clause, but they specifically omitted the phrase defining treason as "the compassing or imagining the death of our lord the King". The Framers aimed to provide a specific definition of treason that could only be changed through a constitutional amendment, and to make it challenging to establish that someone committed treason. The Constitution also narrowed the scope of punishment for treason compared to English common law, prohibiting "corruption of blood" beyond the life of the person convicted of treason.

There have been very few treason prosecutions in American history, and treason cases are rare. The Supreme Court has clarified what it means to "levy war" and provide "aid or comfort" to enemies. "Levying war" includes any forcible opposition to the execution of a public law, and requires the actual use of force by multiple people with the common purpose of preventing a law from being enforced. Weapons are not always required; numbers can be enough. Providing "aid or comfort" to enemies requires an action to be taken, and cannot be committed during peacetime. To prove treason, the prosecution needs either a confession or two witnesses testifying to the same "overt act" by the defendant.

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Limitations on treason prosecutions

Treason is the only crime that is expressly defined by the US Constitution. The Constitution's Framers included the Treason Clause to guard against the historical use of treason prosecutions by repressive governments to silence legitimate political opposition.

The Constitution identifies what constitutes treason against the US and limits the offence to two types of conduct: "levying war" against the US, and "adhering to [its] enemies, giving them aid and comfort". The Supreme Court has further clarified what each type of treason entails. For instance, in Ex parte Bollman & Swarthout (1807), the Supreme Court dismissed charges of treason against two of Aaron Burr's associates on the grounds that their conduct did not constitute "levying war".

The Treason Clause also restricts Congress's power to change the definition of treason, the proof required to establish treason, and the punishment for treason. The Constitution states that Congress may not "work corruption of blood, or forfeiture except during the life of the person" convicted of treason. This means that punishments for treason cannot extend beyond the life of the person convicted of treason.

The First Amendment is another limitation on treason prosecutions. While freedom of speech allows people to express anger towards the government, it does not protect speech that is likely to incite violence. Words alone do not constitute treason, but they can serve as proof of treasonous intent. To prove treason, the prosecution needs either a confession or two witnesses testifying to the same "overt act" by the defendant. An overt act is an act that demonstrates criminal intent and furthers the accomplishment of a crime.

Treason prosecutions are rare, with only one person indicted for treason since 1954. This is partly because treason must be intentional, and it is challenging to establish that someone committed treason.

Treason convictions and punishments

Treason is a unique offence as it is the only crime expressly defined by the US Constitution. The Treason Clause was included by the Framers to guard against the historic use of treason prosecutions by repressive governments to silence legitimate political opposition. The Constitution identifies what constitutes treason against the US and limits the offence to two types of conduct: "levying war" against the US, and "adhering to [its] enemies, giving them aid and comfort".

The Constitution also narrowed the scope of punishment for treason compared to English common law. While Congress has the power to establish 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 the English common law practice of prohibiting family members from inheriting property from a person convicted of treason.

Under US Code Title 18, the penalty for treason is death or not less than five years' imprisonment (with a minimum fine of $10,000 if not sentenced to death). Any person convicted of treason against the US also forfeits the right to hold public office in the country. However, treason cases are rare, and treason prosecutions have essentially disappeared. Since the Constitution's ratification, Congress has only brought treason charges 30 times, and only one person has been indicted for treason since 1954.

The Supreme Court has clarified what it means to "levy war" and provide "aid or comfort" to enemies. "Levying war" against the US includes any forcible opposition to the execution of a public law. This requires the actual use of force by multiple people with the common purpose of preventing some law from being enforced. Weapons are not always required; sheer numbers can be enough. Merely conspiring to overthrow the government does not count as "levying war". There must be an actual assemblage of people who are ready and intend to use force.

To prove treason, the prosecution needs either a confession or two witnesses testifying to the same "overt act" by the defendant. An overt act is one that shows criminal intent and furthers the accomplishment of a crime. A wide range of actions can qualify as overt treasonous acts, from making online posts to providing weapons and ammunition. Sympathy for the enemy does not constitute treason; the defendant must take some kind of action to provide aid or comfort. Treason by aiding the enemy also cannot be committed during peacetime; there must be an actual enemy for the traitor to aid, typically requiring a formal declaration of war. Finally, a person can be convicted of treason even if the attempt to aid is unsuccessful or the enemy's goal is not achieved.

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