Constitution's Take On Treason And Fleeing Justice

The United States Constitution's Treason Clause is the only crime expressly defined by the Constitution, and it applies only to Americans who have betrayed the allegiance they are presumed to owe the United States. The Constitution grants Congress the power to declare the punishment for treason, but it also includes important protections, such as prohibiting the corruption of blood and limiting forfeiture to the lifetime of the traitor. The Treason Clause is designed to protect core individual rights, including freedom of expression and dissent. The Constitution defines treason as levying war against the United States, adhering to their enemies, or giving them aid and comfort. While treason laws exist at both the federal and state levels, treason against the United States is specifically addressed in Article III, Section 3 of the Constitution.

Explore related products

The Navy Justice Collection: Treason, Hostage, Defiance (The Navy Justice Series)

$10.49

NO TREASON AND APHORISMS THE CONSTITUTION OF NO AUTHORITY & NATURAL LAW; OR THE SCIENCE OF JUSTICE

$11.99

FOR TREASON OF INNOCENCE: A Treatise on the Liberation Theology of the Incarcerated, Liberative Justice, and Carceral Abolition by Paul V. Cortez, MPS

$12

Truth and Treason: The Story of Helmuth Hübener: A Teenage Hero’s Fight Against Nazi Tyranny and the Enduring Battle for Justice

$8.99 $14.99

Espionage and Treason (Crime, Justice and Punishment)

$61.47

Speaking Treason Fluently: Anti-Racist Reflections From an Angry White Male

$12.59 $16.95

The US Constitution defines treason as levying war against the US or giving aid and comfort to its enemies

The US Constitution defines treason as "levying war" against the United States or "adhering to their enemies, giving them aid and comfort". This definition is outlined in Article III, Section 3 of the US Constitution, also known as the Treason Clause. The Treason Clause is unique in that it is the only crime expressly defined by the US Constitution, and it only applies to Americans who have betrayed the allegiance they owe to the United States.

The Framers of the US Constitution intentionally defined treason narrowly, aiming to protect core individual rights, particularly freedom of expression and dissent. This narrow definition was informed by their experience with English law, which had a broader interpretation of treason, encompassing various actions against the Crown. The Framers wanted to prevent the abuse of treason prosecutions by repressive governments to silence legitimate political opposition.

The Supreme Court has further clarified the meaning of "levying war" and "giving aid and comfort". In Ex parte Bollman & Swarthout (1807), the Court ruled that conspiracy to levy war was distinct from actually levying war. Chief Justice John Marshall emphasised that there must be an actual assemblage of men for the purpose of executing a treasonable design to constitute levying war.

The Court also addressed the concept of "giving aid and comfort" in Cramer v. United States (1945), a case involving a citizen accused of helping German soldiers during World War II. Justice Jackson explained that "giving aid and comfort" refers to a deed or physical activity that strengthens the enemy or weakens the United States, rather than merely holding sympathetic beliefs or convictions.

Under US law, treason carries severe penalties, including the death penalty or a minimum of five years' imprisonment and a substantial fine. Additionally, those convicted of treason forfeit the right to hold public office in the United States.

The Treason Clause is designed to protect core individual rights, especially freedom of expression and dissent

The Treason Clause in the US Constitution is designed to protect core individual rights, especially freedom of expression and dissent. It is the only crime expressly defined by the Constitution, applying only to Americans who have betrayed the allegiance they owe to the United States. The Framers of the Constitution included the Treason Clause to guard against the historical use of treason prosecutions by repressive governments to silence legitimate political opposition.

The Treason Clause is found in Article III, Section 3 of the US Constitution, which 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."

The Constitution grants Congress the power to establish penalties for committing treason, but it also includes important safeguards. For example, Congress may not "work corruption of blood or forfeiture except during the life of the person" convicted of treason. This means that while a person convicted of treason may forfeit property or rights during their lifetime, this punishment cannot extend to their family members or beyond their lifetime.

The interpretation of the Treason Clause and what constitutes "levying war" has been the subject of significant debate and court cases. In the case of Ex parte Bollman & Swarthout (1807), the Supreme Court dismissed charges of treason against two associates of former Vice President Aaron Burr, who was accused of plotting to overthrow the American government. The Court ruled that their alleged conduct did not constitute "levying war" and emphasized the distinction between conspiring to levy war and actually doing so.

In recent years, the Treason Clause has taken on renewed importance in the context of national security and terrorism. Since the attacks of September 11, federal courts have faced numerous cases involving accusations of individuals providing "material support" to terrorist organizations. The Treason Clause includes special rules of evidence to protect individuals from false accusations of supporting enemies of the United States and to ensure that legitimate political opposition or dissent is not prosecuted as treason.

The Constitution makes it difficult to establish that someone has committed treason

The Constitution's Treason Clause is designed to protect core individual rights, especially freedom of expression and dissent. The clause states that treason consists only of levying war against the United States or adhering to and giving aid and comfort to their enemies. The Supreme Court has interpreted this clause narrowly, requiring an actual assemblage of men for the purpose of executing a treasonable design to prove levying war.

In the case of Cramer v. United States (1945), the Court made treason more difficult to prove by ruling that a person could be convicted of treason only if they adhered to an enemy and gave them "aid and comfort". This raised the bar for treason charges, but it did not make them implausible, as the federal government pursued nearly a dozen treason prosecutions after the decision. The disappearance of treason prosecutions is attributed to another aspect of the Cramer decision, where the government argued for a lenient interpretation of the Treason Clause during times of war.

Since the Constitution came into effect, there have been fewer than 40 federal treason prosecutions and even fewer convictions. The death penalty for treason has been carried out only 16 times. Treason prosecutions have essentially disappeared, as they were never a popular charge for federal prosecutors.

Explore related products

BETRAYAL AND JUSTICE: FAMOUS TRIALS OF TREASON THROUGH THE AGES

$9

The Trial of Charles the First King of England Before the High Court of Justice for High-Treason

$28.28

FOR TREASON OF INNOCENCE A Treatise on the Liberation Theology of the Incarcerated, Liberative Justice, and Carceral Abolition by Paul V. Cortez, MPS

$15.5

Of Treasons Born (Treasons Cycle Book 1)

$1.99 $14.99

TRUTH & TREASON: Helmuth Hübener: The Young German Resistance Fighter Who Challenged the Nazi Regime and Paid the Ultimate Price for Truth and Justice

$29.99

TREASON: The Biden Administration's Strategic and Malicious Destruction of America's Sovereignty

$19.99 $14.95

A person charged with treason must be convicted by the testimony of two witnesses or by confession in open court

The Treason Clause in the US Constitution is designed to protect core individual rights, especially the freedom of expression and dissent. It is the only crime expressly defined by the Constitution, and it only applies to Americans who have betrayed the allegiance they owe to the United States.

Treason is defined in Article III, Section 3 of the US Constitution as:

> "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."

This means that a person charged with treason must be convicted by the testimony of two witnesses or by confession in an open court. This is to ensure that treason charges are not used by the government to falsely accuse or silence political opponents. The requirement of an overt act means that there must be concrete action and an intent to betray the nation, and traitorous thoughts or intentions alone are not enough for a conviction.

The definition of treason in the US Constitution is derived from English legal tradition, specifically the Treason Act of 1351. The term "levying war" refers to the assembly of armed people with the intention to overthrow the government or resist its laws. "Enemies" refer to subjects of a foreign government in open hostility with the United States.

In the case of Cramer v. United States in 1945, the Court held that the "two-witness principle" was necessary to prevent "imputation of incriminating acts to the accused by circumstantial evidence or by the testimony of a single witness." This means that the testimony of a single witness, even if it is the accused, is not sufficient for a treason conviction.

In summary, the requirement of two witnesses or a confession in open court for a treason conviction is a safeguard against false or politically motivated accusations and ensures that treasonous intent and actions are clearly established.

Treason is punishable by death or a minimum of five years' imprisonment

Treason is a unique offence in the US constitutional order, as it is the only crime expressly defined by the Constitution. The Treason Clause is principally designed to protect core individual rights, especially the freedom of expression and dissent. The Framers of the Constitution 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.

Treason is defined in Article III, Section 3 of the US Constitution as: "levying War against [the United States], or in adhering to their Enemies, giving them Aid and Comfort." This definition is derived from English legal tradition, specifically the Treason Act 1351. The federal treason statute, 18 U.S.C. § 2381, imposes minimum penalties of five years' imprisonment and a $10,000 fine. Treason is punishable by death or a minimum of five years' imprisonment, with a fine of at least $10,000 if not sentenced to death.

To be convicted of treason, prosecutors must prove that the defendant committed one of the two enumerated acts with the "specific intent to betray" the US. The first part of the crime, levying war against the US, means taking up arms against the US to overthrow the government or prevent it from carrying out its lawful functions. This requires an actual assemblage of men for the purpose of executing a treasonable design. The second part, adhering to the enemies of the US, is more open to interpretation. It includes providing financial support or giving sensitive information to a country at war with the US.

Treason prosecutions are rare, with around 40 federal prosecutions and even fewer convictions in US history. The last federal treason conviction to be fully upheld was that of Nazi sympathiser Herbert John Burgman in 1949. Death sentences for treason under the Constitution have been carried out 16 times.

Frequently asked questions