It has been said that treason is the "highest of all crimes in the United States. It must be so in every civilized state; not only because the first duty of a state is self-preservation, but because this crime naturally leads to and involves others, destructive of the safety of individuals and of the peace of society. This crime is defined by the Constitution itself and its magnitude may be inferred from the fact that it is the only offense defined in that instrument."
The Constitution, ratified by two-thirds approval in 1788, does not prescribe the punishment for treason but confers that power on Congress. In response, Congress has passed a statute regarding treason at 18 U.S.C. 2381. This statute reads:
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,
In interpreting the Constitution and the treason statute, the Courts have determined the following general rules:
a. Treason may be committed by an American citizen in any geographical location in the world and it does not require the traitor to be a resident of the United States.
b. American citizens, whether born citizens or naturalized, owe an allegiance to the United States wherever they reside.
c. Every species of aid and comfort which, if given to a foreign enemy, constitutes treason.
d. Any intentional act furthering hostile designs of enemies of the United States gives "aid and comfort" and constitutes "adhering" to such enemies is treason.
e. Treason comprehends an "adherence" to the enemy by one residing in enemy territory or country.
e. War can only be levied by the employment of actual force.
f. If war is actually levied, then all citizens who perform any part, however minute or however remote from the scene of actual warfare, and who are in league in the general conspiracy are traitors.