Isabella Carter
The topic of treason is defined in Article III, Section 3 of the US Constitution, also known as the Treason Clause. The Framers of the Constitution intended to define treason narrowly, in response to their experience with the English law of treason, which was often used by the ruling class to eliminate political dissidents. The Framers wanted to restrict Congress's power to change the definition of treason and the proof required to establish charges. As such, treason against the United States is defined as levying war against the country or adhering to its enemies and giving them aid and comfort.
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What You'll Learn
- Treason is the only crime defined in the US Constitution
- The Framers of the Constitution wanted to restrict Congress's power to change the definition of treason
- The Constitution limits treason to two types of conduct
- Treason against a state is different from treason against the US
- The First Amendment limits treason prosecutions
Treason is the only crime defined in the US Constitution
Treason is the only crime that is specifically defined in the US Constitution. This is because the Framers of the Constitution wanted to restrict the concept of treason and make it challenging to establish that someone had committed treason. They had witnessed how the English kings and British Parliament had escalated "ordinary partisan disputes into capital charges of treason", using the crime of treason to eliminate their political dissidents. The Framers adapted parts of the English Statute of Treason, but they specifically left out the phrase that defined treason as "the 'compass [ing] or imagin [ing] the death of our lord the King’".
Article III, Section 3 of the US Constitution defines treason as levying war against the United States or providing aid and comfort to its enemies. The Constitution limits treason to only two types of conduct: "levying war" against the United States, and "adhering to [its] enemies, giving them aid and comfort". The term "levying war" refers to the assembly of armed people to overthrow the government or to resist its laws. It does not include merely conspiring to overthrow the government; there must be an actual assemblage of people who are ready and intend to use force. "Enemies" refers to subjects of a foreign government that is in open hostility with the United States.
The Constitution also sets out the requirements for a treason conviction. It requires at least two witnesses to testify to the same overt act in question, or a confession in open court. It also authorises Congress to set penalties for treason, but not to change the definition or create degrees of treason. Under US Code Title 18, the penalty for treason is death or a minimum of five years' imprisonment (with a minimum fine of $10,000, if not sentenced to death). Most state constitutions include a treason provision similar to that in the US Constitution.
While treason is the only crime specifically defined in the US Constitution, other crimes have been identified and further defined through legislation. For example, the Conspiracies Act of July 31, 1861, was passed to prosecute defiance of the government, as the constitutional definition of treason was so strict that it was difficult to prosecute treason.
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The Framers of the Constitution wanted to restrict Congress's power to change the definition of treason
The Framers of the U.S. Constitution wanted to restrict Congress's power to change the definition of treason. This was informed by their experience with English law, which had a broader definition of treason that covered many actions against the Crown. The Framers had witnessed how English kings and the British Parliament had escalated "ordinary partisan disputes into capital charges of treason", using the crime of treason to eliminate their political dissidents.
The Framers adapted parts of the English Statute of Treason, specifically leaving out the phrase that defined treason as "compassing or imagining the death of our lord the King". This language had been used to develop constructive treason laws. The Framers wanted to create a restrictive concept of the crime of treason, defining it narrowly and making it challenging to establish that someone had committed treason.
The Framers also wanted to limit Congress's ability to punish treason. The treason clause in Article III, Section 3 of the Constitution provides a specific definition of treason that can only be changed through a constitutional amendment. It also sets the standard of proof for a treason conviction, requiring at least two witnesses to testify to the overt act in question.
By defining treason in the Constitution and requiring a high standard of proof, the Framers sought to protect against a corrupt executive or Congress from easily expanding the definition of treason or abusing treason charges for political purposes. The Constitution specifically identifies what constitutes treason against the United States and limits the offense to two types of conduct: "levying war" against the United States or "adhering to [its] enemies, giving them aid and comfort".
The Framers' efforts to restrict Congress's power to change the definition of treason have been largely successful. Since the Constitution's ratification, Congress has only brought treason charges 30 times, and few treason cases have reached the Supreme Court.
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The Constitution limits treason to two types of conduct
The Constitution of the United States specifically identifies what constitutes treason against the country and limits the offense to two types of conduct. This is outlined in Article III, Section 3, which states that treason shall consist only of:
- "Levying war" against the United States.
- "Adhering to [the] enemies [of the United States], giving them aid and comfort."
The Framers of the Constitution intended to define treason narrowly, influenced by their experience with English law, which had a broader definition that covered many actions against the Crown. The Framers wanted to prevent the abuse of treason charges for political purposes, as they had witnessed during the Revolutionary War when General Benedict Arnold conspired against George Washington and the United States.
The Supreme Court has further defined and interpreted these two types of treason. In the case of Ex parte Bollman & Swarthout (1807), the Court interpreted "levying war" narrowly, dismissing charges against two defendants on the grounds that their conduct did not constitute levying war. Similarly, in Cramer v. United States (1945), the Court construed the offense of adhering to the enemies of the United States narrowly, requiring both concrete action and an intent to betray the nation.
The Constitution also sets out the requirements for a treason conviction, including the need for testimony from two witnesses to the same overt act or a confession in open court. The federal treason statute, 18 U.S.C. § 2381, imposes minimum penalties of five years' imprisonment and a $10,000 fine, with the possibility of the death penalty. While treason against the United States is rare, treason against individual states has been prosecuted on a few occasions.
In summary, the Constitution of the United States limits treason to two types of conduct: levying war and adhering to the country's enemies. The Framers intended this definition to be restrictive, and the Supreme Court has further clarified its interpretation. Treason prosecutions are rare, and the requirements for conviction and penalties are outlined in the Constitution and federal law.
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Treason against a state is different from treason against the US
Treason is the only crime that is explicitly defined in the US Constitution. Article III, Section 3 of the US Constitution defines treason as "levying war" against the US or "adhering to [its] enemies, giving them aid and comfort". The Constitution also outlines the requirements for conviction, which include the testimony of two witnesses to the same overt act or a confession in open court.
The Framers of the US Constitution intended to define treason narrowly, after witnessing how the English kings and British Parliament had escalated "ordinary partisan disputes into capital charges of treason". They wanted to restrict Congress's power to change the definition of treason and the proof required to establish charges. 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".
Treason against a state is distinct from treason against the US. US citizens who live in a state owe allegiance to both the US and their state of legal residence, and thus can potentially commit treason against either or both. While treason against the US is defined in the US Constitution, treason against a state is defined in state constitutions and statutes. By most accounts, only three people have ever been charged with treason at the state level, as most treason threatens the nation as a whole, rather than a single state.
The definition of treason against a state varies depending on the state. For example, Article 85 of the Constitution of Norway defines treason as obeying an order that aims to disturb the liberty and security of the Storting (Parliament). In Russia, treason includes espionage, disclosure of state secrets, or any other assistance to a foreign state or organisation in hostile activities that detrimentally impact the country's external security. German law differentiates between "high treason" and "treason", with the former carrying a higher penalty.
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The First Amendment limits treason prosecutions
The First Amendment is the primary limitation on treason prosecutions. Freedom of speech allows people to express anger toward the government, even a desire to overthrow it, but it doesn't protect speech that is likely to incite others to violence. While words alone typically cannot constitute treason, they can serve as evidence of a treasonous intent.
Treason is defined as "the highest of all crimes", referring to the intentional betrayal of allegiance through either levying war against the government or providing aid and comfort to its enemies. It is considered the most serious offence against the government and is punishable by imprisonment or death. The U.S. Constitution's Framers intended to define treason narrowly, influenced by their experience with the English law of treason, which had a broader scope. The Framers aimed to prevent the misuse of treason charges by repressive governments to silence legitimate political opposition.
The Constitution specifically identifies what constitutes treason against the United States and limits the offence to two types of conduct: "levying war" and "adhering to [the] enemies [of the United States], giving them aid and comfort". The Supreme Court has further clarified the meaning of these terms. For instance, in Ex parte Bollman & Swarthout (1807), the Court dismissed charges of treason against two associates of former Vice President Aaron Burr, who had allegedly plotted to overthrow the American government. The Court ruled that their conduct did not constitute "levying war".
The Treason Clause, like the First Amendment, is designed to protect core individual rights, particularly freedom of expression and dissent. The Framers ensured that treason was defined narrowly and that the standard of proof for conviction was high, requiring testimony from two witnesses to the same overt act or a confession in open court. This safeguards against false or flimsy prosecutions and prevents the easy expansion of the treason definition.
While treason prosecutions are rare, they have occurred in certain contexts. For example, in Cramer v. United States (1945), Cramer was prosecuted for treason for allegedly helping German soldiers who had infiltrated American soil during World War II. The Court explained that a person could be convicted of treason if they adhered to an enemy and provided "aid and comfort". However, merely sympathizing with the enemy or expressing criticism of the government does not constitute treason without the concrete action and intent to betray the nation.
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