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Hermit-The-Prog

(33,328 posts)
4. minor quibble in your characterization
Tue Dec 18, 2018, 03:48 PM
Dec 2018

The Constitution defines the crime but leaves Congress to define the punishment. Congress did so in the U.S. Code you cite, but further limited the crime of treason by the definition of "enemy".

See:


Article III
Section 3

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.

https://www.law.cornell.edu/constitution/articleiii#section3

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