According to British law, there were several different actions that could be defined as treason, many relating to Kings and Queens. Here, the Constitution narrowed the scope of treason to two offenses: waging war against the United States, or helping an enemy of the United States.
The United States Constitution undid this as well. Words "upon conviction thereof" were omitted as unnecessary, as punishment cannot be imposed until conviction is secured.
Reference to conspiracy to commit any of the prohibited acts was omitted as covered by the general law incorporated in section of this title. This section [section 46] inserts the words, "Air Force," in subsection b of section of title 18 , U. Act May 24, , made section applicable to the Air Force. For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections b , d , d , and of Title 6 , Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, , as modified, set out as a note under section of Title 6.
Coast Guard transferred to Department of Transportation and functions, powers, and duties, relating to Coast Guard, of Secretary of the Treasury and of other offices and officers of Department of the Treasury transferred to Secretary of Transportation by Pub. See section of Title 49 , Transportation. Functions of all officers of Department of the Treasury and functions of all agencies and employees of such Department transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions, by any of such officers, agencies, and employees, by Reorg.
Plan No. July 31, , 15 F. Such plan excepted from transfer functions of Coast Guard and Commandant thereof when Coast Guard is operating as a part of the Navy under former sections 1 and 3 now and of Title 14, Coast Guard.
Whoever, when the United States is at war, willfully causes or attempts to cause insubordination, disloyalty, mutiny, or refusal of duty, in the military or naval forces of the United States, or willfully obstructs the recruiting or enlistment service of the United States, to the injury of the service or the United States, or attempts to do so—.
Shall be fined under this title or imprisoned not more than twenty years, or both. Based on sections 33, 34, 35, 37 of title 50 , U. Sections 33, 34, 35, and 37 of title 50 , U. Sections 34, 35, and 37 of title 50 , U.
Act June 30, , ch. July 3, , ch. 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.
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.
Debate surrounding the Clause at the Constitutional Convention thus focused on ways to narrowly define the offense, and to protect against false or flimsy prosecutions. Conspiring to levy war was distinct from actually levying war. The Court construed the other treason offense authorized by the Constitution similarly narrowly in Cramer v.
United States That case involved another infamous incident in American history: the Nazi Saboteur Affair. Cramer was prosecuted for treason for allegedly helping German soldiers who had surreptitiously infiltrated American soil during World War II. On the other hand, a citizen may take actions which do aid and comfort the enemy—making a speech critical of the government or opposing its measures, profiteering, striking in defense plants or essential work, and the hundred other things which impair our cohesion and diminish our strength—but if there is no adherence to the enemy in this, if there is no intent to betray, there is no treason.
The Constitution also narrowed the scope of punishment for treason as compared to English common law. Under the Constitution, that punishment may not extend beyond the life of the person convicted of treason. Treason prosecutions have essentially disappeared.
Although treason was never a popular charge for federal prosecutors, treason prosecutions attended nearly every armed conflict in American history up to and including the Second World War. Since , however, only one person has been charged with treason against the United States. And that single instance was relatively unusual: in , a federal grand jury indicted Adam Gadahn for treason based on his participation in several al-Qaeda propaganda videos.
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