Isabella Carter
The US Constitution mentions three criminal offenses: treason, bribery, and other high crimes and misdemeanors. The Constitution outlines the grounds for impeachment of the President, Vice President, and civil officers as treason, bribery, or other high crimes and misdemeanors. While treason and bribery are well-understood, the meaning of high crimes and misdemeanors is informed by the history of congressional impeachments, including various political offenses. The Constitution also establishes the balance of powers, federalism, and the three branches of government, influencing the interpretation and application of criminal laws.
| Characteristics | Values |
|---|---|
| Impeachable offenses | Treason, bribery, or other high crimes and misdemeanors |
| Treason | Levy War against the United States, adhere to their Enemies, give them Aid and Comfort |
| Bribery | Bribery of public officials and witnesses |
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What You'll Learn
Treason, bribery, and impeachment
The US Constitution only contains direct references to three criminal offenses: treason, bribery, and impeachment.
Treason
Article III, Section 3 of the US Constitution states that the Congress shall have the power to declare the punishment of treason. Treason is defined as the betrayal of one's own country, especially by attempting to kill or overthrow the sovereign or government.
Bribery
Bribery is the offering or acceptance of money or gifts in exchange for influence or to gain any type of advantage.
Impeachment
The impeachment process in the US is derived from English practice, but there are some differences. In the US, impeachment is a unique political process that is largely unchecked by the judiciary. It is remedial, not penal, and is limited to office holders. The House of Representatives has the sole power of impeachment, while the Senate has the sole power to try impeachments. The sanctions for an impeached and convicted individual are limited to removal from office and potentially being barred from holding future office. The President does not have the power to pardon in cases of impeachment.
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The Necessary and Proper Clause
> "make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."
This clause has been interpreted as granting implied powers to Congress in addition to its enumerated powers. The inclusion of this clause in the Constitution was controversial, with Anti-Federalists expressing concern that it would grant the federal government boundless power. Federalists, on the other hand, argued that it would only permit the execution of powers granted by the Constitution.
The first significant test of the Necessary and Proper Clause came in 1791 when Alexander Hamilton used it to defend the constitutionality of the First Bank of the United States. Hamilton argued that the bank was a reasonable means of carrying out powers related to taxation and borrowing funds. This view was reaffirmed in the landmark Supreme Court case McCulloch v. Maryland in 1819, where the Court ruled that the clause granted Congress implied powers to establish a bank.
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The Commerce Clause
The interpretation of the Commerce Clause has evolved over time. During the Marshall Court era (1801-1835), it gave Congress jurisdiction over numerous aspects of intrastate and interstate commerce, as well as activities not traditionally considered commerce. In 1824's Gibbons v. Ogden, the Supreme Court held that intrastate activity could be regulated under the Commerce Clause if it was part of a larger interstate commercial scheme.
In the 1905 Swift and Company v. United States case, the Supreme Court affirmed Congress's authority to regulate local commerce, provided it was part of a continuous "current" of commerce involving the interstate movement of goods and services. However, between 1905 and 1937, during what became known as the Lochner era, the Court narrowed its interpretation, experimenting with the idea that the clause did not empower Congress to pass laws impeding an individual's right to enter business contracts.
Starting in 1937, with NLRB v. Jones & Laughlin Steel Corp, the Court began to recognize broader grounds for using the Commerce Clause to regulate state activity. It held that an activity was considered commerce if it had a "'substantial economic effect' on interstate commerce or if the 'cumulative effect' of an act could impact such commerce. From 1937 to 1995, the Supreme Court did not invalidate any laws based on overstepping the Commerce Clause's grant of power.
In 1995, the Rehnquist Court's United States v. Lopez decision enforced strict limits on congressional power under the Commerce Clause, marking a return to a more conservative interpretation. The Court struck down the Gun-Free School Zones Act of 1990, arguing that it was a criminal statute with no connection to "commerce" or any economic enterprise. The Court clarified that the noneconomic, criminal nature of the conduct in question was central to its decision.
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Procedural protections for treason defendants
The US Constitution mentions three criminal offenses: treason, bribery, and high crimes and misdemeanours. This response will focus on the procedural protections for defendants charged with treason.
Treason is specifically defined in Article III, Section 3 of the US Constitution as "levying war against the US, or adhering to their enemies, giving them aid and comfort." The Constitution requires an overt act of treason, departing from English common law, which recognised constructive treason. This distinction between traitorous actions and treasonous thoughts is an important protection for defendants.
For a defendant to be convicted of treason, the government must prove that each act alleged "actually gave aid and comfort to the enemy." This is a high bar for prosecution, and the Cramer Court emphasised that the defendant's disloyal intent must be evident from these acts. Additionally, the Treason Clause requires the testimony of two witnesses to the same overt act or a confession in open court.
The penalty for treason under US Code Title 18 is death or a minimum of five years' imprisonment, with a minimum fine of $10,000 if not sentenced to death. Conviction results in the forfeiture of the right to hold public office in the US.
Since the Constitution came into effect in 1789, there have been fewer than 40 federal prosecutions for treason and even fewer convictions. A handful of those convicted at the federal level have been pardoned, and death sentences for treason have been carried out 16 times.
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The Fifth Amendment
The text of the Fifth Amendment states that no person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury. This right to an indictment by a grand jury applies only to federal felonies and does not extend to the state level. The amendment also protects against double jeopardy, ensuring that no person can be tried twice for the same offence. Additionally, it guarantees the right against self-incrimination, meaning that no person can be compelled in a criminal case to be a witness against themselves.
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Frequently asked questions
The three criminal offenses mentioned in the US Constitution are treason, bribery, and other high crimes and misdemeanors.
Treason against the United States is defined as "levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.".
Bribery is defined as the bribery of public officials and witnesses.
