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Section 3 Treason. 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 ...
The Constitution specifically identifies what constitutes treason against the United States and, importantly, limits the offense of treason to only two types of conduct: (1) “levying war” against the United States; or (2) “adhering to [the] enemies [of the United States], giving them aid and comfort.”
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 Treason Clause
- Treason Explained
- Historical Background of The Treason Clause
- Supreme Court Cases and The Treason Clause
Article III, Section 3, Clause 1 of the U.S. Constitution 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. 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." A...
The Constitution defines treason as levying war against the United States or giving its enemies "aid and comfort." It also specifies that the federal government cannot secure a conviction for treason unless two witnesses testify to the same overt act or if the person accused of treason confesses in open court. Clause 2 makes clear that Congress has...
After winning the Revolutionary War, delegates from each state met in Philadelphia to discuss changes to the national government. The Constitutional Convention in 1787 involved many debates over the limits of the federal government's power and what rights, if any, to include in the Constitution. As the Library of Congress's Constitution Annotated n...
This section describes several landmark Supreme Court cases involving the treason clause. These cases shed light on how the Court has interpreted the clause throughout history and inform its modern understanding.
Since Ex Parte Bollman, the few treason cases that have reached the Supreme Court arose in the context of World War II and involved defendants charged with adhering to enemies of the United States and giving them aid and comfort.
In this case, an enemy alien resident in United States territory (Guam) was found guilty of treason for acts done while the enemy nation of which he was a citizen occupied such territory.
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Debate in the Constitutional Convention, remarks in the ratifying conventions, and contemporaneous public comments make clear that the Framers contemplated a restrictive concept of the crime of treason that would prevent the politically powerful from escalating ordinary partisan disputes into capital charges of treason, as so often had happened ...
