Treason against the United States, shall consist only in levying War
against them, or in adhering to their Enemies, giving them Aid and Comfort.
He came once to Mycenae, not as an enemy but as a guest, in company with Polynices to recruit his forces, for they were levying war
against the strong city of Thebes, and prayed our people for a body of picked men to help them.
"Treason against the United States shall consist only in levying War
against them, or in adhering to their enemies, giving them Aid and Comfort."
The Constitution defines only one crime: "Treason against the United States, shall consist only in levying war
against them, or in adhering to their enemies, giving them aid and comfort" (Article III, Section 3).
Because the civil courts were sidestepped, the self-evident charges of treason and levying war
against the king could not be brought; instead, the army elected to prove an intention to assist the enemy, which was the only capital offense under the wartime emergency law (the Defence of the Realm Act).
The act of respondents in drafting and proposing the BBL does not amount to 'levying war
' against the Republic of the Philippines, or adhering to her enemies; at any rate, treason is a war crime and cannot be committed in time of peace, as in the present case, the Ombudsman said.
Under Article III of the Constitution, 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." Article III further provides that Congress "shall have Power to declare the Punishment of Treason."
But the most sustained argument, giving rise to Marshall's own greatest performance in the case, concerned the principles of the treason clause, which required showing that the defendant had engaged in "levying War
" against the United States, and that he had committed an "overt act" to which two witnesses could testify.
The Treason Act 1795 includes anyone plotting the death of the Sovereign, levying war
against the Monarch, insulting the Monarch and spying for an alien state during wartime.
The record of the deliberations of the Constitutional Convention makes it clear that the Framers intended to base the new charter's treason clause on the Statute of 25 Edward III, wherein the essential elements of levying war
, adhering to an enemy, and the giving of aid and comfort were set forth.
He will say sleeping with the wife of the heir to the throne should no longer be considered treason, along with plotting the sovereign's death, "violating" the sovereign's wife or eldest unmarried daughter, levying war
against the sovereign and helping the sovereign's enemies.
The Article also argues that many terrorist actions are appropriately punished as treason, either as acts of levying war
against the United States or of adhering to their enemies.