by Tom Stilp JD, MBA/MM, LLM, MSC, DBA, August 22nd, 2025
The United States was born from an act of treason against Great Britain. It is ironic because treason is the most significant offense known in American law and is the only crime specifically described in the U.S. Constitution (U.S. Const. art III, §3; Larson, 2020).
In England, the Parliament enacted the Statute of Treasons in 1351 from which Article III, Section 3 of the U.S. Constitution is copied. The English Statute was written in French, as were all laws in England given that French was the official language of English government since the Norman Conquest in 1066 (Larson, 2020). This historic fact explains why the law in the U.S. today still uses words, such as “cease and desist” as legal doublets, reflecting the historical influence of French on English law.
The Constitution copies the English Statute stating that Treason consists of “levying War against the King in his realm” but of course without reference to a king: “Treason against the United States shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.”
Historically, judges viewed treason as the worst crime, even worse than murder, as the sentences bear out. A person convicted of murder might be hanged. But someone convicted of treason suffered a particularly gruesome fate. The person would be partially hanged, taken down still alive, disemboweled, the entrails would be burned in front of convicted person, who was then decapitated and parts of the body would be placed in highly visible locations as a deterrent to others (Larson, 2020).
History impacts the law today. In response to the question whether treason can only be committed by a citizen, the next In the Loop will provide the answer.
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References
Larson, C. (2020). On treason: A citizen’s guide to the law. HarperCollins.
U.S. Constitution, art. III, §3.
