The Actual Constitutional and Statutory Definition of "Treason"

 

Recently, some members of our favorite political party have made the shocking statement that members of the United States military should potentially disobey the orders of the President of the United States.  The media discussion of these comments have generally avoided actually giving the full definition of treason, not surprising given the media’s customary tactic of avoiding specificity in their reporting.  

So let us review the United States Constitution, which provides a basic definition of treason in the Article providing for our Judiciary:

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.

The United States Congress has further defined treason by statute:

United States Code section 2381. Treason

Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.

This, of course, begs the question of what constitutes “giving. . . aid and comfort” to our “enemies.”  Jane Fonda’s actions in traveling to Hanoi to do the bidding of our military’s enemy, the communist dictatorship in North Vietnam, and attempting to harm the morale of our troops arguably met this definition.  However, she was never prosecuted, and this follows the recent trend of defining the terms “aid and comfort” and “enemies” very narrowly, which may be said to be fitting in a democracy that prizes dissent.  This means, then, that members of Congress are free to defile themselves by attempting to interfere with the chain of command in our military.

 

 

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