Week 2: Treason-Part I: The Basics and Levying War

1.  Read Article III, Section 3 of the United States Constitution and understand what exactly the Constitution specifically specifies as to the offense of Treason.  For this week, do not worry about seemingly archaic language of "attainder" and "corruption of blood."  I will cover the meaning of those terms at the end of next week's module.  The focus this week is to understand the origins of Treason clause in Article III and to understand that it entails either "levying war" against the United States" or providing "aid and comfort" to enemies of the United States. We will cover the "levying war" aspect of the clause this week, and the "aid and comfort" part next week.  It is just too much to cover in one week's worth of material.

2.  Understand the significance of the 1351 English Statute on Treason and why it is relevant to the United States Constitution.  

3. Identify the unique constitutional protections built into the language of Article III, and discussed by the U.S. Supreme Court in Cramer v. United States (1945).  What is the two-person rule and what sort of evidence must the two people provide?

4. Watch the documentary on Aaron Burr v. United States (1807) and be able to discuss the relevancy of the Burr case to principles of the offense of treason (particularly as it relates to concept of "levying war"), and also the companion case of Ex Parte Bollman v. United States (1807).

5.  Understand how the United States Supreme Court and lower federal courts have rejected the idea of "constructive treason."  This is best illustrated earlier on in our country's history in the case of United States v. Hoxie (1808), but also illustrated in subsequent federal cases like Hanway v. United States (1851).

Required Reading for Week Two:

Treason (generally)

English Statute on Treason (1351)

Ex Parte Bollman v. United States (1807)

Cramer v. United States

Levying War

Hoxie, v. United States (1808)

Mitchell, United States (1795)

Monti, v. United States (1949)

Delve Deeper (optional reading if you are curious and want to learn more, but NOT required)

American Civil War and Treason

American Revolutionary War and Treason

Burr, Aaron and Burr, United States v.

Fries's Rebellion

Shay's Rebellion

Whiskey Rebellion