# How is a charge of treason made in the US? **URL:** \ **Category:** Factual Questions\ **Created:** [July 26, 2005, 3:18pm UTC](https://boards.straightdope.com/t/how-is-a-charge-of-treason-made-in-the-us/314232 "2005-07-26T15:18:09Z")\ **Posts on this page:** 7\ **Page:** 1
**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\ **Post date:** [July 26, 2005, 3:18pm UTC](https://boards.straightdope.com/t/how-is-a-charge-of-treason-made-in-the-us/314232/1 "2005-07-26T15:18:09Z")
Article III of the US Constitution defines treason: > [@](#): > > 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. 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”. ---
**Author:** ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)\ **Post date:** [July 26, 2005, 3:31pm UTC](https://boards.straightdope.com/t/how-is-a-charge-of-treason-made-in-the-us/314232/2 "2005-07-26T15:31:54Z")
The Constitution just lays out the requirements of evidence for treason, it’s up to Congress to make it a crime. Which they did: > [@](#): > > 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. [sup][18 USC § 2381](http://www4.law.cornell.edu/uscode/search/display.html?terms=treason&url=/uscode/html/uscode18/usc_sec_18_00002381----000-.html)[/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. ---
**Author:** ![Captain\_Amazing](https://avatars.discourse-cdn.com/v4/letter/c/6de8d8/32.png) [@Captain\_Amazing](https://boards.straightdope.com/u/Captain_Amazing)\ **Post date:** [July 26, 2005, 3:34pm UTC](https://boards.straightdope.com/t/how-is-a-charge-of-treason-made-in-the-us/314232/3 "2005-07-26T15:34:21Z")
Treason against the United States is 18 US Code 2381 > [@](#): > > 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. ---
**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\ **Post date:** [July 26, 2005, 3:42pm UTC](https://boards.straightdope.com/t/how-is-a-charge-of-treason-made-in-the-us/314232/4 "2005-07-26T15:42:10Z")
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? ---
**Author:** ![Squink](https://avatars.discourse-cdn.com/v4/letter/s/b5e925/32.png) [@Squink](https://boards.straightdope.com/u/Squink)\ **Post date:** [July 26, 2005, 3:42pm UTC](https://boards.straightdope.com/t/how-is-a-charge-of-treason-made-in-the-us/314232/5 "2005-07-26T15:42:34Z")
There’s some discussion of the Burr, Haupt, Cramer, and Kawakita cases here: > **[Annotation 24 - Article III - FindLaw](https://constitution.findlaw.com/article3/annotation24.html)** > >  Section 3. Treason  Clause 1. Definition and Limitations Treason The treason clause is a product of the awareness of the Framers of the ''numerous 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. ---
**Author:** ![Hypno-Toad](https://avatars.discourse-cdn.com/v4/letter/h/b2d939/32.png) [@Hypno-Toad](https://boards.straightdope.com/u/Hypno-Toad)\ **Post date:** [July 26, 2005, 7:55pm UTC](https://boards.straightdope.com/t/how-is-a-charge-of-treason-made-in-the-us/314232/6 "2005-07-26T19:55:01Z")
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? ---
**Author:** ![Raguleader](https://avatars.discourse-cdn.com/v4/letter/r/258eb7/32.png) [@Raguleader](https://boards.straightdope.com/u/Raguleader)\ **Post date:** [July 29, 2005, 4:34pm UTC](https://boards.straightdope.com/t/how-is-a-charge-of-treason-made-in-the-us/314232/7 "2005-07-29T16:34:02Z")
> [@Hypno-Toad](#): > > 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.