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Hermit-The-Prog

(36,631 posts)

49. treason does NOT require a state of war

Sun Dec 30, 2018, 07:34 PM

Dec 2018

The U.S. Constitution, the supreme law of the land, defines treason:

Article III
Section 3.

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.

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.

https://www.law.cornell.edu/constitution/articleiii#section3

Note that "or" in the first sentence.

The confusion seems to spring from that 2nd paragraph. Congress has declared the punishment for treason, but in so doing, restricted it to acts that take place during hostilities that are under the rules of war. The Constitutional definition of treason is broader than the one encompassed by U.S. Code so far.

There is no U.S. Code that declares punishment for treason committed without such hostilities. It is up to Congress to define punishment for treason that occurs outside 'war'.

Good luck getting that punishment defined by Congress, upheld in SCOTUS, and finding someone willing to try to charge and prosecute it. Easier to pursue criminal charges with well established precedents.

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Ths needs to be seen - I love it malaise Dec 2018 #1

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don't know him Grasswire2 Dec 2018 #6

I missed his header: Grasswire2 Dec 2018 #7

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Greg Olear is great! Cracklin Charlie Dec 2018 #8

Kick dalton99a Dec 2018 #9

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It sounds even more heart-warming than Rick Wilson's Grasswire2 Dec 2018 #67

Listen to the first chapter jayschool2013 Dec 2018 #76

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re: #2 concerning Trump's cabinet.. ewagner Dec 2018 #24

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"Gums". SixString Dec 2018 #60

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treason does NOT require a state of war Hermit-The-Prog Dec 2018 #49

thank you nt Grasswire2 Dec 2018 #66

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