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As far as I am aware, America hasn't had a legally declared war since WWII, and hasn't convicted anybody of treason since then either. Even the Rosenbergs, exe
by stretchcat 6y ago
As far as I am aware, America hasn't had a legally declared war since WWII, and hasn't convicted anybody of treason since then either. Even the Rosenbergs, executed for espionage, weren't convicted of treason. It sure seems to me like in practice, it's not possible for an American to commit treason if there isn't a proper war on. Am I missing something?
- dragonwriter 6y ago> As far as I am aware, America hasn't had a legally declared war since WWII, This is true under the “magic words” understanding of the power to declare war; but that more limited authorizations than those that simply and expressly “declare war” are nevertheless exercises of the Constitutional power to declare war and create a legal state of war is, however, well-established law, see, Bas v. Tingy, 4 U.S. 37 (1800).
- stretchcat 6y agoThen why has nobody been charged with treason since WWII? Is it just not cool to do anymore or something?
- dragonwriter 6y ago> Then why has nobody been charged with treason since WWII? Why would they be? > Is it just not cool to do anymore or something? Mostly. It's not like you can give someone a super-death penalty, and when progressive criminalization has made it so that everything that qualifies as treason is also covered by other crimes that carry similar sentences but don't require two witnesses to the same over act or a confession on top of the standard criminal “beyond a reasonable doubt” burden of proof, why would a prosecutor ever bother with treason charges except as a political stunt?