by DAVID BROWN | CLEARNFO.com | June 30, 2019
Most people have a sense of what treason is, but this is based in common law, which does not apply here in the USA for treason. Why? Because most of the founders of this country were guilty of treason against King George III under common law, so they put in a special restrictive definition of treason in the US Constitution under Article Three. What this means is that it is almost impossible to convict anyone of treason in the USA: See the Opinion of Chief Justice Marshall (August 1807) Key arguments in the Burr trial.
Section 3 defines treason and its punishment. (‘Only’ and ‘levying’ are two key words here.)
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.