# Treason--Civilian Courts vs. UCMJ?

**URL:** <https://boards.straightdope.com/t/treason-civilian-courts-vs-ucmj/163478>\
**Category:** Factual Questions\
**Created:** [March 23, 2003, 2:24am UTC](https://boards.straightdope.com/t/treason-civilian-courts-vs-ucmj/163478 "2003-03-23T02:24:22Z")\
**Posts on this page:** 1\
**Page:** 2

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**Author:** ![brianmelendez](https://avatars.discourse-cdn.com/v4/letter/b/65b543/32.png) [@brianmelendez](https://boards.straightdope.com/u/brianmelendez)\
**Post date:** [March 23, 2003, 11:50am UTC](https://boards.straightdope.com/t/treason-civilian-courts-vs-ucmj/163478/21 "2003-03-23T11:50:15Z")

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> [@](#):
>
> \*Originally posted by Convict \*  
> \*\*If a soldier aiding the enemy is treason, why have two laws regarding the crime? After all, the UCMJ and the Constitution both provide for punishment of the crime.
> 
> I guess I’m trying to figure out where the UCMJ stops and the Constitution takes over.\*\*

It is more the other way around. The Constitution’s [treason clause](http://www.law.cornell.edu/constitution/constitution.articleiii.html#section3) is not self-executing. While it does in a manner of speaking “provide for punishment of the crime,” it does not specify that punishment, but leaves it up to Congress:

> [@](#):
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> 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.

Thus the Constitution defines the minimum elements of treason, and establishes some minimum due-process standards, but leaves the details up to legislation. The federal criminal code accordingly provides

> [@](#):
>
> **Sec. 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.\*\*

[18 U.S.C. § 2381](http://www4.law.cornell.edu/uscode/18/2381.html).

The provisions that **Convict** and **Nametag** have cited from the Uniform Code of Military Justice likewise provide for defining and punishing treason committed in the armed services. It is not a case of “where the UCMJ stops and the Constitution takes over.” Like many constitutional provisions, the Constitution contains a grant of authority to the federal government and some basic general provisions about how that authority is exercised, then leaves the particular details up to Congress. Here, Congress has exercised that authority by enacting provisions in the Uniform Code of Military Justice that cover treason in the armed services, in addition to a general criminal statute that covers treason in the civilian context.

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