Emma Zuzunaga – Article III, Section 3

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Article III, Section 3 of the United States Constitution defines treason, as well as the criteria for convicting people of treason, who decides the punishment for treason, and what punishment for treason is prohibited. Treason against the United States is defined as being one of two things, either levying war against, or offering aid and comfort to the enemies of, the United States. To be convicted of treason, two witnesses must give testament to witnessing the same act, or the accused must confess in court. Once convicted, the constitution says it is the job of Congress to decide the punishment of the criminal; however, Congress is not allowed to prohibit the descendants of the criminal from inheriting property from them after their death. 

This clause was created to establish a concrete definition of treason to prevent the government and politicians from using treason accusations to repress and silence political beliefs that did not align with their own. In Federalist No. 10 by James Madison, one of the founding fathers, Maddison discusses the potential harms of faction, especially to a young nation. This sentiment was likely reflected in the writing of the treason clause, which prevents powerful or ruling factions from shutting down those who do not agree with them, which could lead to social unrest. 

The motivation for the treason clause’s creation, the desire to prevent dominant parties from oppressing others and politically isolating them, also reflects the french revolution. The third estate at the estates general was oppressed by the first and second estates because they were consistently outvoted, and were politically isolated because they were eventually locked out of the room as punishment for attempting to stand up for themselves and their people. This led to an extremely violent revolution, which could have influenced the framers to try to prevent similar infighting through this clause. 

The last line of this clause directly opposed Britain’s law, which prohibited the descendants of traitors from inheriting their belongings. 

The 1945 Cramer v. United States case properly illustrates the most controversial aspect of this clause. Cramer v. United States case ruled that mentally adhering to America’s enemies was not the same as offering them aid and comfort, and so that was not given, no treason was committed. On the opposing side of this case, the Government side of the court, who lost, argued that offering America’s enemies aid and comfort should be interpreted loosely to provide a more applicable version of the law which could be used during times of war. Modern scholars argue that the restraints the clause illustrates actually prevent traitors from being charged with treason on technicalities, and treason is now very difficult to prove. 

I believe that the Government’s interpretation of the treason clause is more compelling and should be the interpretation we use because it makes the law much more applicable in a modern context. The Constitution should be a living document, and our definition of treason should be different than the framers of the Constitution. 

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