Is It Treason? or Not?: The Constitution’S Law of Treason and the American Perception in the 21St Century
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About this ebook
With hostilities between political parties deepening and wars becoming more complex, it can be a challenge understanding what constitutes treason under the United States Constitution.
Even if an action shocks you down to your red-white-and-blue bones, it doesnt mean its really treason. It could be a lesser felony or not a crime at all.
This book clarifies and simplifies what it means to commit a treasonable offense by examining what the Constitution states, what judges have decided, and how current events are shaping attitudes about treason.
Excerpts from the Declaration of Independence, the U.S. Constitution, the Federalist Papers, the U.S. Code, Supreme Court Chief Justice John Marshalls famous Aaron Burr court opinion, and an examination of the case against abolitionist John Brown provide a deep understanding of the issue.
Whether its people leaving the United States to fight with terrorists, multinational corporations siding with foreign governments on important issues, or politicians yielding some of the nations sovereign authority to international governing bodies, its becoming increasingly important to know Is it Treason? Or Not?
Susan M. Wendler
Susan M. Wendler earned a bachelor’s degree from Trinity University in Texas. She’s a direct descendent of the Texas Burleson pioneer family, granddaughter of renowned physicist Enoch Franklin George, and daughter of an adventurous paleontologist. She’s had longtime working relationships with licensed firearms manufacturers and is passionate about researching unusual projects with a balanced approach.
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Is It Treason? or Not? - Susan M. Wendler
Copyright © 2015 Susan M. Wendler.
All rights reserved. No part of this book may be used or reproduced by any means, graphic, electronic, or mechanical, including photocopying, recording, taping or by any information storage retrieval system without the written permission of the publisher except in the case of brief quotations embodied in critical articles and reviews.
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Because of the dynamic nature of the Internet, any web addresses or links contained in this book may have changed since publication and may no longer be valid. The views expressed in this work are solely those of the author and do not necessarily reflect the views of the publisher, and the publisher hereby disclaims any responsibility for them.
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ISBN: 978-1-4582-1893-3 (sc)
ISBN: 978-1-4582-1891-9 (e)
Library of Congress Control Number: 2015904702
Abbott Press rev. date: 6/19/2015
Contents
Preface
Introduction
Part I Definition of Treason
– Origin of Definition in Founding Documents
– Proponents’ Arguments in the Federalist Papers
– British Heritage
Part II Legislative Actions and Historic Judicial Actions
– The Legislature’s U.S. Code Title 18
– Espionage Act – Relation to Treason
– Flag Burning or Desecration of U.S. Flag
– Historic Judicial Cases – Pre-WW II
– United States v. Vigol
– United States v. Mitchell
– United States v. Fries
– United States v. Burr
– United States v. John Brown
– Proclamation of Pardon and Amnesty
– Special Inclusions under the Treason Law
– WW II Cases
– Doctrine of Constructive Treason
Part III Wendler Flowchart for Determining Charges of Treason
Part IV Post 9/11 Cases & Conclusions
Bibliography
Endnotes
For the men and women who selflessly serve our country and protect our rights and liberties, and for Uncle William, a WW II veteran. There never was a truer red, white and blue heart.
Preface
The question of what actually constitutes treason first became of interest to me after hearing public comments made during a foreign dignitary’s visit to the U.S. At that time I realized that a large amount of the general public possibly does not have a clear idea of what actually constitutes treason under our nation’s Constitution.
The purpose of this book is to enlighten the general public and therefore raise both the level of understanding of current events and the dialogue regarding them. It is in no way to be considered as possible legal advice or defense for any act.
My gratitude for assistance with this project and their kind patience goes to the librarians of the Tarlton Law Library at the University of Texas in Austin, Texas and the librarians at the Faulk Central Library in Austin.
My thanks also to Sekou Kante, Kevin Foran, and the team at Abbott Press for taking on this project, along with their encouragement and assistance.
Susan M. Wendler
Introduction
Volumes of material have been written about the history and various interpretations of the, what many call deceptively simple, two-sentence clause defining treason in Article III of the U.S. Constitution. Why do we need more? In a time when hostilities between political parties are becoming stronger and wars are becoming more complex, understanding this issue becomes even more important. The purpose of this book is to simplify and help clarify in the average citizen’s mind what is actually treason under the law of our Constitution. With such clarification, a citizen should be able to form more knowledgeable opinions of current affairs and news events. My research certainly improved my own understanding and perspective and hopefully it will do the same for other people.
I started