ABSTRACT

Treason is an act that undermines or usurps the authority of the state to which one owes allegiance. Although treason charges can function legitimately to protect the state, they can also function to limit or deny civil liberties. 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 Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted. Treason applies to only three behaviors: levying war against the United States; adhering to enemies, such as by devoting oneself to enemy doctrines; and giving enemies aid and comfort. Prosecuting treasonous behavior under different names assumes a constructive interpretation of treason. Such prosecutions circumvent civil rights, the two-witness rule, and other burdens of a federal civil prosecution on treason.