How is a charge of treason made in the US?

Article III of the US Constitution defines treason:

But how is a person actually charged with treason? Are there statutes that cover this crime? If not, is the person charged with “violating the constitution”? I’m interested in understanding the precise legal mechanics involved, not what a layman might call “treason”.

The Constitution just lays out the requirements of evidence for treason, it’s up to Congress to make it a crime. Which they did:

[sup]18 USC § 2381[/sup]

Of course, it’s easy to get around the Constitutional requirements for conviction of treason; just create a crime, say, espionage, which is also punishable by death, but isn’t called treason.

Treason against the United States is 18 US Code 2381

Anyone have any idea when this statute was enacted? According wikipedia, only 40 people have been charged with treason in the history of the US. That’s charged, not convicted. Is this statute the whole thing?

There’s some discussion of the Burr, Haupt, Cramer, and Kawakita cases here:

It sounds to me that courts prefer that it be hard to nail someone for treason, opting instead that evildoers be charged with more precisely defined crimes.

I’ve always heard that a person must take up arms against the government inorder to count as treasonous. Advocating such actions would be covered by freedom of speech. Is this accurate?

During time of war there are some stricter limits to free speech, mainly concerning “Seditious Speech”. Biggest example I can think of is during World War I when the leaders of the Socialist Party in Oklahoma were imprisoned for seditious speech. IIRC, you’d only get nabbed for this if you were advocating overthrowing the government or seriously hindering the war effort. Basic rule of thumb, you can say the war is a bad idea, you can’t say that people should blow up the Pentagon during said war.