Eleanor Finch
Treason is the only crime that is expressly defined by the US Constitution, and it applies only to Americans who have betrayed the allegiance they are presumed to owe the United States. The Constitution specifically identifies what constitutes treason against the United States and limits the offense 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. The Constitution also narrowed the scope of punishment for treason as compared to English common law.
| Characteristics | Values |
|---|---|
| Where is treason found in the constitution? | Article III, Section 3 of the United States Constitution |
| How is treason defined? | "Levying War" against the United States or "adhering to their Enemies, giving them Aid and Comfort" |
| Who does treason apply to? | Americans who have betrayed the allegiance they are presumed to owe the United States. It also applies to American citizens holding dual citizenship and aliens domiciled in the United States. |
| What is required to convict someone of treason? | Testimony of two witnesses to the same overt act or a confession in open court |
| What is the punishment for treason? | Death, imprisonment (minimum of 5 years), a minimum fine of $10,000, or a combination of these |
| How many treason cases have there been? | Fewer than 40 federal prosecutions for treason since the Constitution came into effect in 1789, with even fewer convictions. Only one person has been indicted for treason since 1954. |
Explore related products
What You'll Learn
Treason defined in Article III, Section 3
Treason is the only crime defined in the U.S. Constitution. According to Article III, Section 3, treason against the United States shall consist only of "levying war" against the United States or "adhering to their enemies, giving them aid and comfort". This definition restricts Congress's power to change the definition of the crime and the proof needed to establish charges of treason.
The Framers of the U.S. Constitution intended to define treason narrowly after their experience with English law, which covered many actions against the Crown. The Framers wanted to make it challenging to establish that someone had committed treason and to protect against false or flimsy prosecutions. The Constitution, therefore, specifically identifies what constitutes treason against the United States and limits the offense to only two types of conduct: (1) "levying war" against the United States; or (2) "adhering to [the] enemies [of the United States], giving them aid and comfort".
The Supreme Court has clarified what it means to "levying war" and provide "aid and comfort" to enemies. In Ex parte Bollman & Swarthout (1807), the Court interpreted "levying war" narrowly, holding that a person could only be convicted of treason for "levying war" if there was an "actual assemblage of men for the purpose of executing a treasonable design". The Court has also held that a person could be convicted of treason for "adhering to an enemy and giving that enemy aid and comfort" only if there was both concrete action and an intent to betray the nation.
Since the Constitution came into effect in 1789, there have been fewer than 40 federal prosecutions for treason and even fewer convictions. The first example of a pardon for treason was by President George Washington, who pardoned militants John Mitchell and Philip Weigel from the Whiskey Rebellion. Death sentences for treason under the Constitution have been carried out 16 times.
Presidential vs Parliamentary: Understanding Constitutional Differences
You may want to see also
Levying war against the U.S
Treason is the only crime defined in the US Constitution. The framers of the US Constitution intended to define treason narrowly, restricting Congress's power to change the definition of the crime and the proof required to establish charges of treason. The Constitution's text defines treason as levying war against the US, adhering to their enemies, and giving them aid and comfort.
Levying war against the US is one of the two types of conduct that can be considered treason. The other is adhering to the enemies of the US and giving them aid and comfort. The US Constitution states that treason shall consist only of levying war against the US, adhering to their enemies, and giving them aid and comfort. The Constitution requires that there be testimony from two witnesses to the same overt act, or a confession in open court, for a person to be convicted of treason.
The Supreme Court has clarified what it means to "levy war" and provide "aid or comfort" to enemies. In Ex parte Bollman & Swarthout (1807), the Court interpreted the offense of "levying war" against the US narrowly. The case involved a plot led by former Vice President Aaron Burr to overthrow the American government in New Orleans. The Court dismissed the treason charges against two of Burr's associates, Bollman and Swarthout, on the grounds that their alleged conduct did not constitute levying war against the US. Chief Justice John Marshall emphasized that there must be an "actual assemblage of men for the purpose of executing a treasonable design" for there to be an act of levying war.
There have been relatively few treason cases in American history, and only one person has been indicted for treason since 1954. The last example of someone being convicted of treason was in 1868, when President Andrew Johnson pardoned all those who had participated on the southern side in the Civil War.
The Constitution's Vesting Clause: Power Allocation and Limitations
You may want to see also
Providing aid to enemies of the U.S
Treason is the only crime that is explicitly defined in the US Constitution. Article III, Section 3 of the Constitution states that treason is limited to "levying War" against the US, or "adhering to their Enemies, giving them Aid and Comfort". This definition is designed to be narrow, requiring both concrete action and an intent to betray the nation.
Providing aid to enemies of the US is, therefore, one of the two types of conduct that can be considered treasonous. However, it is not enough to simply have traitorous thoughts or intentions. A citizen may take actions that aid enemies of the US, but if there is no adherence to the enemy, and no intent to betray, this is not treason. For example, a citizen could make a speech critical of the government, or oppose its measures, but this would not be treasonous unless there was an intent to aid an enemy.
The requirement for treason to be proven by "open confession in court", or by "the testimony of two witnesses to the same overt act", further protects against false accusations. This means that it is challenging to establish that someone has committed treason.
Since the Constitution came into effect in 1789, there have been fewer than 40 federal prosecutions for treason, and even fewer convictions. The first treason conviction sustained by the Supreme Court was in 1947, in Haupt v. United States. In this case, the defendant was found guilty of treason for 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 actions aided and comforted the enemy, regardless of the defendant's intentions.
Boston's Freedom Trail: USS Constitution Sails Through History
You may want to see also
Explore related products
$9.99 $9.99
Congress's power to declare punishment
Treason is the only crime that is expressly defined by the US Constitution. It is also the only crime that is defined by the Constitution of the United States. The Constitution's framers wanted to make it challenging to establish that someone had committed treason, and by defining treason in the Constitution, they restricted Congress's power to change the definition of the crime.
Article III, Section 3 of the US Constitution defines treason as: "only in levying War [against the United States], or in adhering to [its] Enemies, giving them Aid and Comfort." This definition is further narrowed by the requirement of two witnesses to testify about the overt acts or a confession in open court.
Congress has the power to declare the punishment for treason, but the Constitution also narrowed the scope of punishment compared to English common law. While Congress can 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. The punishment of the traitor ends with their death, and goes no further.
The US Code Title 18 states that 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). However, the penalty varies across different states. For example, in Vermont, the penalty is death by electrocution, while in South Dakota, it is not less than one year and not more than 20 years of imprisonment.
Civil War Amendments: Freedom, Equality, and Citizenship
You may want to see also
Treason prosecutions in U.S. history
Treason is the only crime that is explicitly defined in the US Constitution. Article III, Section 3 of the Constitution defines treason as "levying war" against the US or "adhering to [its] enemies, giving them aid and comfort". The Constitution also requires that treason can only be proven with the testimony of two witnesses to the same overt act or a confession in open court.
Since the US Constitution came into effect in 1789, there have been fewer than 40 federal treason prosecutions and even fewer convictions. The first treason prosecutions occurred during the Whiskey Rebellion, when militants John Mitchell and Philip Weigel were convicted and sentenced to death by hanging, but later pardoned by President George Washington. Death sentences for treason have been carried out 16 times, including the execution of 15 Taos Revolt insurgents in 1847 and William Bruce Mumford in 1862 during the Civil War.
During the Civil War, treason trials were held against Copperheads for conspiring with the Confederacy, but the strict definition of treason in the Constitution led to new legislation to prosecute defiance of the government, such as the Conspiracies Act of 1861. In 1807, Aaron Burr was famously acquitted of treason for his alleged plot to overthrow the American government in New Orleans. The Supreme Court dismissed charges against two of Burr's associates, Bollman and Swarthout, on the grounds that their conduct did not constitute "levying war" against the US.
In modern times, treason prosecutions have become rare, with only one person indicted for treason since 1954. In 2006, Adam Yahiye Gadahn was charged with treason for appearing in al-Qaeda propaganda videos, but he was killed in a drone strike before he could stand trial. During the Cold War, there were no treason prosecutions, but there were convictions and executions for conspiracy to commit espionage on behalf of the Soviet Union.
America's Founding Ideals: The Constitution's True Intent
You may want to see also
Frequently asked questions
Article III, Section 3 of the US Constitution.
Treason is defined as levying war against the US or adhering to and providing aid or comfort to its enemies.
Under US Code Title 18, the penalty is death or not less than five years' imprisonment with a minimum fine of $10,000 if not sentenced to death.
John Bly and Charles Rose were convicted of treason for their participation in Shays' Rebellion. Albert Hazlett and John E. Cooke were charged with treason against the Commonwealth of Virginia but were found not guilty.
Treason is the only crime expressly defined by the US Constitution and applies only to Americans who have betrayed the allegiance they owe to the United States. The Constitution also narrowed the scope of punishment for treason compared to English common law.
