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In the United States, there are both federal and state laws prohibiting treason. [1] Treason is defined on the federal level in Article III, Section 3 of the United States Constitution as "only in levying War against [the United States], or in adhering to their Enemies, giving them Aid and Comfort."
The Constitution defines treason as specific acts, namely "levying War against [the United States], or in adhering to their Enemies, giving them Aid and Comfort." A contrast is therefore maintained with the English law, whereby crimes including conspiring to kill the King or "violating" the Queen, were punishable as treason.
The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law. When a particular clause becomes an important ...
Early in its history, in Marbury v.Madison (1803) and Fletcher v. Peck (1810), the Supreme Court of the United States declared that the judicial power granted to it by Article III of the United States Constitution included the power of judicial review, to consider challenges to the constitutionality of a State or Federal law.
The U.S. Constitution was a federal one and was greatly influenced by the study of Magna Carta and other federations, both ancient and extant. The Due Process Clause of the Constitution was partly based on common law and on Magna Carta (1215), which had become a foundation of English liberty against arbitrary power wielded by a ruler.
Treason is the crime of attacking a state authority to which one owes allegiance. [1] This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state.
A high crime can be done only by someone in a unique position of authority, which is political, who does things to circumvent justice. The phrase "high crimes and misdemeanors," used together, was a common phrase when the U.S. Constitution was written and did not require any stringent or demanding criteria for determining guilt.
As free states sought to undermine the federal law, the even more severe Fugitive Slave Act of 1850 was enacted. In 1864, during the Civil War, an effort to repeal this clause of the Constitution failed. The vote in the House was 69 for repeal and 38 against, which was short of the two-to-one vote required to amend the Constitution. [5]