![]() ![]() ![]() ![]() The Constitution specifically identifies what constitutes treason against the United States and, importantly, limits the offense of treason to only two types of conduct: (1) “levying war” against the United States or (2) “adhering to enemies, giving them aid and comfort.” Although there have not been many treason prosecutions in American history-indeed, only one person has been indicted for treason since 1954-the Supreme Court has had occasion to further define what each type of treason entails. Debate surrounding the Clause at the Constitutional Convention thus focused on ways to narrowly define the offense, and to protect against false or flimsy prosecutions. While the Constitution’s Framers shared the centuries-old view that all citizens owed a duty of loyalty to their home nation, they included the Treason Clause not so much to underscore the seriousness of such a betrayal, but to guard against the historic use of treason prosecutions by repressive governments to silence otherwise legitimate political opposition. Treason is a unique offense in our constitutional order-the only crime expressly defined by the Constitution, and applying only to Americans who have betrayed the allegiance they are presumed to owe the United States. ![]()
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