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Treason is a unique offense in our constitutional order—the only crime expressly defined by the Constitution, and applying only to Americans who have betrayed the allegiance they are presumed to owe the United States.
- Levying War
- Aid and Comfort to The Enemy
- Doubtful State of The Law of Treason Today
Early judicial interpretation of the meaning of treason in terms of levying war was conditioned by the partisan struggles of the early nineteenth century, which involved the treason trials of Aaron Burr and his associates. In Ex parte Bollman,9 which involved two of Burr's confederates, Chief Justice Marshall, speaking for himself and three other J...
The Cramer Case
Since Bollman, the few treason cases that have reached the Supreme Court were outgrowths of World War II and have charged adherence to enemies of the United States and the giving of aid and comfort. In the first of these, Cramer v. United States,14 the issue was whether the "overt act" had to be "openly manifest treason" or if it was enough if, when supported by the proper evidence, it showed the required treasonable intention.15 The Court, in a five-to-four opinion by Justice Jackson, in eff...
The Haupt Case
The Supreme Court sustained a conviction of treason, for the first time in its history, in 1947 in Haupt v. United States.18 Here it was held that although the overt acts relied upon to support the charge of treason – defendant's harboring and sheltering in his home his son who was an enemy spy and saboteur, assisting him in purchasing an automobile, and in obtaining employment in a defense plant—were all acts which a father would naturally perform for a son, this fact did not necessarily rel...
The Kawakita Case
Kawakita v. United States21 was decided on June 2, 1952. The facts are sufficiently stated in the following headnote: "At petitioner's trial for treason, it appeared that originally he was a native-born citizen of the United States and also a national of Japan by reason of Japanese parentage and law. While a minor, he took the oath of allegiance to the United States; went to Japan for a visit on an American passport; and was prevented by the outbreak of war from returning to this country. Dur...
The vacillation of Chief Justice Marshall between the Bollman23 and Burr24 cases and the vacillation of the Court in the Cramer25 and Haupt26 cases leave the law of treason in a somewhat doubtful condition. The difficulties created by Burr have been obviated to a considerable extent through the punishment of acts ordinarily treasonable in nature un...
Mar 3, 2017 · It is an unusual provision of the Constitution that it defines specific crime. Normally, in this area, the Constitution either gives power, say to Congress to pass laws, including to define...
The Meaning. Treason is the only crime specifically defined in the Constitution. According to Article III, Section 3, a person is guilty of treason if he or she goes to war against the United States or gives “aid or comfort” to an enemy.
Nov 13, 2015 · The fact that Treason is the only crime defined in the Constitution is among those elements. Article III, Section 3 provides that: “Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.
- David J. Shestokas
“However flagitious may be the crime of conspiring to subvert by force the government of our country, such conspiracy is not treason. To conspire to levy war, and actually to levy war, are distinct offences.
Aug 8, 2023 · Treason: What the Constitution Says. The gravity of the crime of treason is indeed heavy. It is the only crime explicitly worded in the United States Constitution, described in Article III Section 3. It states that treason is levying war against the United States or adhering to their enemies by giving them aid or comfort.
