Crimes In The Constitution: What Are They?

The US Constitution is an important legal document that outlines the country's three branches of government, the balance of powers, and the relationship between the states and the federal government. Interestingly, it also mentions specific crimes, which are considered federal offences. These include treason, piracy, and counterfeiting. Treason, the most well-defined crime in the Constitution, is an act of waging war against the US or aiding its enemies. Piracy, another crime mentioned, carries severe punishments, including life imprisonment. Counterfeiting, which involves replicating currency or securities, is also a federal offence. Understanding these crimes and their legal implications provides insight into the foundations of US law and the powers granted to Congress and the courts.

Explore related products

What Is the Constitution? (What Was?)

$3.89 $5.99

Business Law Today, Comprehensive

$86.49 $489.95

A More Perfect Union: The Story of Our Constitution

$7.5 $11.99

Queer (In)Justice: The Criminalization of LGBT People in the United States (Queer Ideas/Queer Action)

$10.36 $22

Homeland Security Law: A Primer

$54.99 $190

The Tyranny of Good Intentions: How Prosecutors and Law Enforcement Are Trampling the Constitution in the Name of Justice

$11.68 $19

Treason against the United States

Treason is the only crime specifically defined in the US Constitution. Article III of the Constitution defines treason as levying war against the United States or providing aid and comfort to its enemies. This act of treason can be committed by actively helping the enemy, such as by passing along classified information or supplying weapons. However, vocal opposition to a US war effort through protest and demonstration is protected by the free speech clause in the First Amendment.

The Framers of the Constitution were cautious about giving Congress the power to declare and punish treason, as they had witnessed how English kings and the British Parliament used treason charges to eliminate political dissidents. As a result, the Framers wanted to create a restrictive concept of treason and included the Treason Clause to guard against the historic use of treason prosecutions by repressive governments to silence legitimate political opposition. The Treason Clause provides a specific definition of treason that can only be changed through a constitutional amendment. It also establishes the standard of proof for a treason conviction, requiring the testimony of two witnesses to the same overt act or a confession in open court.

Throughout history, there have been relatively few treason cases in the United States. However, the Supreme Court has clarified what constitutes "levying war" and providing "aid and comfort" to enemies. For example, in United States v. [name omitted], the Court ruled that an actual assembling of men with a treasonable purpose is necessary to constitute a levying of war.

Additionally, the Cramer Court recognized Congress's broad power to criminalize offenses harmful to the United States but emphasized that this power has limits, such as the requirement of the two-witness rule. The Treason Clause plays a crucial role in protecting against prosecutorial abuse, particularly in cases involving national security and accusations of aiding the enemy.

Levying war against the US

The US Constitution defines treason as "levying war" against the United States. This act is one of the few crimes explicitly mentioned in the Constitution. Treason is the only crime defined in the Constitution of the United States.

To "levy war" means to wage war against the US or to materially aid its enemies. It is important to note that conspiring to levy war and actually levying war are considered distinct offences. Chief Justice Marshall clarified this distinction, stating that the former requires an assemblage of men for a purpose treasonable in itself. This means that the act of enlisting men to serve against the government does not amount to levying war. However, if a group of people assembles with the intention to carry out a treasonous act through force, then all those involved, regardless of their role or proximity to the scene, are considered traitors.

The Supreme Court has ruled on the interpretation of "levying war" in several landmark cases, including those involving Aaron Burr and his associates in the early 1800s. These cases have provided a foundation for understanding what constitutes levying war against the United States.

The Constitution's explicit mention of treason and levying war against the nation reflects the Founders' intention to address how to deal with enemies within the country's borders. The inclusion of this crime in the Constitution also restricts Congress's ability to change the definition of treason or the requirements for establishing charges.

Aiding enemies of the US

Treason is the only crime that is specifically defined in the US Constitution. According to Article III, Section 3, a person is guilty of treason if they go to war against the United States or give "aid and comfort" to an enemy. This means that an individual does not have to physically fight against US troops to be considered a traitor. Instead, actively helping the enemy by providing classified information, weapons, or any other form of aid can lead to charges of treason.

The Constitution's Treason Clause is designed to protect against false or flimsy prosecutions and narrowly defines treason as one of two types of conduct: "levying war" against the United States or "adhering to their enemies, giving them aid and comfort". This clause ensures that treason charges cannot be used to silence legitimate political opposition.

The Supreme Court has clarified what constitutes "levying war" and providing "aid and comfort" to enemies. For example, in Cramer v. United States (1945), the Court considered whether an "overt act" needed to be "openly manifest treason" or if it was enough for it to show a treasonable intention supported by proper evidence. The Court held that the Treason Clause's "two-witness principle" required the testimony of two witnesses to support every act, movement, deed, and word of the defendant charged with treason.

In another case, United States v. Rosenberg (1952), the Court held that prosecutors could bring non-treason charges without the procedural safeguards provided by the Treason Clause, even if the conduct could be considered treasonous. This decision expanded the menu of federal crimes available to prosecutors and reduced the need to resort to treason charges.

It is important to note that vocal opposition to a US war effort through protest and demonstration is protected by the free speech clause in the First Amendment and would not constitute treason.

Explore related products

Half the Sky: Turning Oppression into Opportunity for Women Worldwide

$8.49 $16

Death Is That Man Taking Names: Intersections of American Medicine, Law, and Culture (California/Milbank Books on Health and the Public) (Volume 7)

$29.95 $29.95

Discrediting the Red Scare: The Cold War Trials of James Kutcher, "The Legless Veteran" (Landmark Law Cases and American Society)

$24.99 $29.99

American Nuremberg: The U.S. Officials Who Should Stand Trial for Post-9/11 War Crimes

$20.56 $21.99

First Amendment Freedoms: A Reference Handbook (Contemporary World Issues)

$26.95 $29.95

The Politics of Leverage in International Relations: Name, Shame, and Sanction (Palgrave Studies in International Relations)

$52.24 $54.99

Piracy

The case of United States v. Ali set a precedent by restricting the charge of aiding and abetting piracy to actions committed on the high seas, excluding those that occurred in territorial waters. This case demonstrates how piracy laws are adapting to modern contexts, such as the hijacking of merchant ships, and the complexities of prosecuting international crimes.

In conclusion, while piracy may bring to mind romanticized notions of historical pirates, the legal system continues to address this crime and adapt its definitions and laws to fit the evolving landscape of transportation, technology, and international crime.

Counterfeiting

While counterfeiting often involves the creation of fake currency, it can also extend to other consumer products. It involves illegally producing fake items and presenting them as genuine. This can include counterfeit money, art, handbags, shoes, and other commercial products. Federal prosecutors typically focus on larger-scale offenses involving counterfeit currency, while also assisting local prosecutors with smaller cases. The Secret Service investigates federal crimes related to counterfeit currency, ensuring the security of both cash and coins.

The federal crime of counterfeiting is codified in the U.S. Code, with 18 U.S. Code Chapter 25 outlining most of the individual crimes that constitute counterfeiting. These include possession, manufacturing, and use of counterfeit money. The counterfeiting statute at 18 U.S.C. Section 471 imposes a fine and up to 20 years in federal prison for those who "with intent to defraud, falsely make, forge, counterfeit, or alter any obligation or other security of the United States."

In summary, counterfeiting is a federal crime that is explicitly mentioned in the US Constitution. It involves the production and use of counterfeit currency and goods, and it carries severe penalties, including lengthy prison sentences and substantial fines. The Constitution grants Congress the authority to address counterfeiting and protect the nation's financial integrity.

Frequently asked questions