Jonah Patel
The definition of treason in the US Constitution is outlined in the Treason Clause, which states that treason consists of either levying war against the United States or providing aid to its enemies. This definition was adapted from the English Statute of Treason, but the Framers omitted references to the King and instead focused on treason as an act against the nation. The Constitution also restricts any punishment for treason to only those convicted and prohibits the extension of punishment to family members, a practice known as corruption of blood. While treason is a rare charge, it carries significant weight and has specific requirements for conviction, including proof of intent and adherence to the enemy.
| Characteristics | Values |
|---|---|
| Definition of treason | Levy war against the United States or provide aid to its enemies |
| Who does it apply to? | American citizens, dual citizens, and aliens domiciled in the US |
| Conviction requirements | Testimony of two witnesses to the same overt act or a confession in open court |
| Punishment | Congress decides the punishment, but it cannot extend beyond the life of the person convicted of treason |
| Related offenses | Sedition, espionage, and sedition in the Espionage Act of 1917 |
| Examples | Julius and Ethel Rosenberg, William Bruce Mumford |
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What You'll Learn
The definition of treason
Treason is a rare but very serious crime. The US Constitution does not create the offence of treason; rather, it restricts its definition, permits Congress to create the offence, and restricts any punishment for treason to only the convicted. The Constitution defines treason as levying war against the United States or providing aid to its enemies. This means that treason requires \"open action\" against the United States through the use of force. Merely conspiring to overthrow the government does not amount to treason.
To convict someone of treason for giving aid or comfort to an enemy, 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 latter must assist the enemy in some essential way to assist in their plan or design to commit a treasonous act. Sympathy for the enemy is not enough to constitute treason. There must be an act of some kind, a "deed or physical activity", that strengthens (or tends to strengthen) the enemy or weakens (or tends to weaken) the United States. An attempt to aid the enemy can also amount to treason, even if the attempt is unsuccessful.
The Constitution also narrowed the scope of punishment for treason compared to English common law. While Congress has the power to establish the penalties for committing treason, Congress 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.
Other countries have different definitions of treason in their laws. For example, German law differentiates between "high treason" and "treason". High treason is defined as an attempt against the existence or the constitutional order of the Federal Republic of Germany that is carried out either with the use of violence or the threat of violence. Finnish law also distinguishes between two types of treasonable offences: "treachery in war" and an "attack against the constitutional order".
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Punishment for treason
Treason is defined in the US Constitution as levying war against the United States or providing aid to its enemies. The Constitution does not create the offence of treason; it restricts its definition, permits Congress to create the offence, and restricts any punishment for treason to only the convicted.
The punishment for treason in the US is severe and can result in capital punishment. The minimum penalty for an act of treason is five years in federal prison, with a maximum penalty of a $10,000 fine. However, treason charges in America are rare. Of the 40 treason cases charged since the founding of the US, only 13 resulted in a conviction, and only three people have been executed for it. Since 1956, only one person has been indicted for treason—Adam Gadahn, in 2006, for making propaganda videos for al-Qaeda. He was killed in an airstrike before he could be brought to trial.
Congress has the power to establish penalties for committing treason, but it may not "work corruption of blood or forfeiture except during the life of the person" convicted of treason. This means that while Congress can prohibit family members of the convicted person from receiving or inheriting property, this punishment may not extend beyond the life of the convicted person.
To be convicted of treason, prosecutors must prove that the defendant committed one of the two acts of treason with the ""specific intent to betray" the United States. The first act, levying war against the United States, means taking up arms against the country to overthrow the government or prevent it from carrying out its lawful functions. The second act, adhering to the enemies of the United States, includes providing financial support or giving sensitive information to a country at war with the US.
To convict someone of treason, the government must prove two elements: adherence or loyalty to an enemy of the United States, and providing aid or comfort to the enemy. Providing aid or comfort requires an act of some kind, such as a deed or physical activity, rather than a mental operation. The aid or comfort must assist the enemy in an essential way to carry out a treasonous act.
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Treason vs. espionage
The definition of treason is outlined in the US Constitution's treason clause, which states that treason is the act of levying war against the United States or providing aid to its enemies. The Constitution does not create the offence but restricts its definition and permits Congress to create the offence and establish penalties. The crime is prohibited by legislation passed by Congress, which outlines treason as owing allegiance to the United States and either levying war against the nation or adhering to its enemies by providing aid and comfort.
Espionage, on the other hand, is the act of spying or using spies to obtain secret information. It is not always illegal, but it can be considered a crime when committed against one's country, particularly when it involves stealing government secrets. While treason and espionage are separate offences, they can sometimes be charged together. For instance, Julius and Ethel Rosenberg were charged with conspiracy to commit espionage, but prosecutors and the judge often referred to them as "traitors" and having committed "treason".
In terms of legal requirements, treason requires the testimony of two witnesses to the same overt act or a confession in open court, whereas espionage does not have such a requirement and has a broader definition. Additionally, treason laws require an overt act of some kind, such as providing aid or comfort to the enemy, which must assist them in an essential way in their treasonous plan. Espionage, however, can be committed by disclosing national secrets without necessarily providing aid to the enemy.
The punishment for treason in the US has been narrowed compared to English common law, with Congress prohibited from imposing "corruption of blood" or "forfeiture" as punishments. In other countries, such as Finland, Germany, and France, treason is also differentiated from espionage in their legal codes, with treason often involving acts of war or attacks on the constitutional order, while espionage involves the disclosure of national secrets.
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Treason in other countries
The definition of treason varies across different countries and legal systems, reflecting historical and contemporary political and social factors. While some countries have specific provisions for treason committed during wartime, others do not. Here is a look at how some countries define and punish treason:
United States
Treason in the United States is defined as "levying war" against the country or "adhering to [its] enemies, giving them aid and comfort". The punishment for treason is decided by Congress and can include the death penalty, but no attainder of treason shall work corruption of blood or forfeiture beyond the life of the person attainted.
Canada
Canadian law differentiates between two degrees of treason: high treason and treason. High treason includes acts such as killing or attempting to kill the monarch, levying war against Canada, or assisting an enemy at war with Canada. Treason, on the other hand, may involve aiding an enemy of Canada or disclosing national secrets.
United Kingdom
In the United Kingdom, treason is defined broadly as any act that undermines the sovereignty or government of the country, including acts of sedition, rebellion, and certain types of speech or expression. Historically, treason also covered the murder of specific social superiors, such as a master by their servant.
France
Article 411-1 of the French Criminal Code defines treason as committing specific acts that constitute espionage if done by anyone other than a French national or a soldier serving France. Treason can result in life imprisonment and a hefty fine.
Germany
German law distinguishes between high treason (attempting to overthrow the constitutional order) and treason (espionage). High treason carries a penalty of life imprisonment or a minimum of ten years, while treason is punishable by one to ten years in prison.
Finland
Finnish law also makes a distinction between two types of treasonable offences: maanpetos (treachery in war) and valtiopetos (an attack on the constitutional order). Maanpetos includes joining enemy armed forces or collaborating with the enemy, while valtiopetos involves using violence or unconstitutional means to overthrow the constitution or government.
China
In mainland China, treason is defined as colluding with a foreign state to endanger the country's sovereignty, territorial integrity, or security. The punishment for treason is life imprisonment or a fixed-term imprisonment of at least ten years.
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Examples of treason
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 US Constitution defines treason as levying war against the United States or providing aid to its enemies. Here are some examples of treasonous acts:
Historical Examples of Treason
- During the Revolutionary War, General Benedict Arnold conspired to turn the fort at West Point over to the British for money. He subsequently led British forces against the Colonial Army in 1781.
- In 1791, during the Whiskey Rebellion, John Mitchell and Philip Weigel were convicted of treason for resisting a tax imposed on domestic whiskey. They were later pardoned by President George Washington.
- In 1807, Aaron Burr, who served as Thomas Jefferson's vice president, was indicted for treason in a plot to seize the Louisiana Territory. He was acquitted due to a lack of witness testimony.
- In 1945, Cramer was prosecuted for treason for allegedly helping German soldiers who had infiltrated American soil during World War II.
- In 1949, Herbert John Burgman, a Nazi sympathizer, was convicted of treason.
- In 1956, 156 people, including Nelson Mandela, were arrested and accused of treason by the apartheid regime of South Africa.
- In 1986, Mordechai Vanunu revealed details of Israel's nuclear weapons program to the British press.
- In 2004, Igor Sutyagin was convicted of treason for espionage on behalf of the USA in Russia. He was exchanged for Russian spies in 2010.
- In 2006, Adam Gadahn, also known as Azzam the American, was indicted for providing "aid and comfort" to al-Qaida with the "intent to betray the United States." He was killed by a US drone strike before he could be put on trial.
It is important to note that the definition and punishment for treason vary among different countries. Here are some examples of treasonous acts in other nations:
- In France, treason includes handing over troops or national territory to a foreign power or organization. It is punishable by life imprisonment and a substantial fine.
- In Germany, "high treason" is defined as an attempt against the existence or constitutional order of the Federal Republic of Germany using violence or the threat of violence. It carries a penalty of life imprisonment or a lengthy fixed-term sentence.
- In Finland, "maanpetos" refers to treachery in war, such as joining enemy armed forces or making war against Finland. "Valtiopetos," on the other hand, involves using violence or unconstitutional means to overthrow the Finnish constitution or its leaders.
- In Hungary, Imre Nagy, the Prime Minister, was convicted of treason for leading the 1956 Hungarian Revolution.
- In New Zealand, Hamiora Pere was the only person executed for treason for fighting against the British government in Te Kooti's War.
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