Political commentator Bill Mitchell recently highlighted a significant distinction between the common understanding of treason and its specific definition within the United States Constitution. In a social media post, Mitchell stated, > "The dictionary's definition of treason and the Constitution's definition are not the same." This assertion underscores a crucial legal nuance often overlooked in public discourse.
The U.S. Constitution, in Article III, Section 3, precisely defines treason against the United States. It consists "only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort." Furthermore, conviction for treason requires the testimony of two witnesses to the same overt act, or a confession in open court, establishing a high bar for prosecution. This strict definition is unique, as treason is the only crime explicitly detailed within the Constitution.
This narrow constitutional framing was a deliberate choice by the nation's founders, rooted in historical experiences with the abuse of treason charges in England. The framers sought to prevent the government from using broad accusations of treason to suppress political dissent or persecute opponents. Their intent was to limit the power of the state and safeguard individual liberties against arbitrary application of severe penalties.
In contrast, common dictionary definitions of treason tend to be much broader. Merriam-Webster, for instance, defines it as "the offense of attempting by overt acts to overthrow the government... or the betrayal of a trust: treachery." Similarly, Cambridge Dictionary describes it as "the crime of doing something that could cause danger to your country, such as helping its enemies during a war." These general definitions often encompass a wider range of disloyal acts or betrayals of trust that do not meet the stringent constitutional criteria.
The disparity between the constitutional and dictionary definitions carries significant implications for legal interpretation and public understanding. While public sentiment might label various acts of disloyalty as "treasonous," only actions that directly involve levying war against the U.S. or providing aid and comfort to its declared enemies, under specific evidentiary requirements, can be prosecuted as treason under federal law. This distinction reinforces the founders' commitment to a limited government and the protection of civil liberties.