Section 3: Treason
Main article: Treason laws in the United States
Iva Toguri, known as Tokyo Rose, and Tomoya Kawakita were two Japanese Americans who were tried for treason after World War II.
Section 3 defines treason and its punishment.
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.
The Constitution defines treason as specific acts, namely "levying War against [the United States], or in adhering to their Enemies, giving them Aid and Comfort." A contrast is therefore maintained with the English law, whereby crimes including conspiring to k**l the King or "violating" the Queen, were punishable as treason. In Ex Parte Bollman, 8 U.S. 75 (1807), the Supreme Court ruled that "there must be an actual assembling of men, for the treasonable purpose, to constitute a levying of war."[17]
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