Sunday, February 19, 2017

Treason Defined

Here is an article that explains what treason entails, offering 5 myths as a means of pinning down the definition.  To my surprise, one can only commit treason if the United States is at war.  Moreover, the traitor must either take up arms against the United States or provide aid to a nation that is taking up arms against the US.  That is news to me.  By that definition, Alger Hiss was not a traitor since we were not at war with the Soviet Union.  Julius and Ethel Rosenberg wouldn't be traitors either?  Then again, I suppose it depends on how one looks at the Cold War - we had a number of proxy wars with the Soviets over the years.  It is interesting to see how narrow the definition is and that the framers of the Constitution included the definition in the document:

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.
 
I've read this many times but always took a more expansive view of Enemies.  In any case, it would appear that the frequent accusations of treason were predicted by the Framers and they took measures to limit the scope of treason.  Just look at the French Revolution which was just getting into gear as the Constitution was ratified.  How many political opponents were guillotined as traitors?  Soon, disagreeing with the head of state becomes treason and the heads start rolling.
 
This is not to say that the current flurry of treason accusations don't have merit as other crimes, but they aren't treason under the US definition of the term.

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