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Old March 3, 2009, 05:44 PM   #16
Socrates
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Join Date: January 5, 2005
Location: East Bay NorCal, People's Republik of Kalifornia
Posts: 5,866
HMMM. You take an oath to uphold the Constitution of the United States, then write laws that are contrary to the plain meaning of that document.

That said:
"United States

To avoid the abuses of the English law (including executions by Henry VIII of those who criticized his repeated marriages), treason was specifically defined in the United States Constitution, the only crime so defined. Article III Section 3 delineates treason as follows:

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.

However, Congress has, at times, passed statutes creating related offenses which undermine the government or the national security, such as sedition in the 1798 Alien and Sedition Acts, or espionage and sedition in the 1917 Espionage Act, which do not require the testimony of two witnesses and have a much broader definition than Article Three treason. For example, some well-known spies have been convicted of espionage rather than treason.

The Constitution does not itself create the offense; it only restricts the definition and permits Congress to create the offense. The crime is prohibited by legislation passed by Congress. Therefore the United States Code at 18 U.S.C. ยง 2381 states "whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States." The requirement of testimony of two witnesses was inherited from the British Treason Act 1695 (Since 1945, however, this has been abolished in British law and treason cases are now subject to the same rules of evidence and procedure as a murder trial)."

Pretty much sums up the treason issue.

One could argue that we have the fox protecting the chickens, if in fact the politicians are violating the views, and beliefs of their voters. Someone might mention that we have probably half the people, or more in the US owning guns, and, that making such an activity illegal is contrary to our wishes. Someone really needs to remind these people THEY SERVE US.
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