US Congress: Treason In Time of War Shall Be Punishable By Death #tcot


By Section 110 of Article III. of the Constitution of the United States, it is declared that:

“Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open Court. The Congress shall have power to declare the punishment of treason.”

In 1790, the Congress of the United States enacted that:

“If any person or persons, owing allegiance to the United States of America, shall levy war against them, or shall adhere to their enemies, giving them aid and comfort within the United States, or elsewhere, and shall be thereof convicted on confession in open Court, or on the testimony of two witnesses to the same overt act of the treason whereof he or they shall stand indicted, such person or persons shall be adjudged guilty of treason against the United States, and SHALL SUFFER DEATH; and that if any person or persons, having knowledge of the commission of any of the treasons aforesaid, shall conceal, and not, as soon as may be, disclose and make known the same to the President of the United States, or some one of the Judges thereof, or to the President or Governor of a particular State, or some one of the Judges or Justices thereof, such person or persons, on conviction, shall be adjudged guilty of misprision of treason, and shall be imprisoned not exceeding seven years, and fined not exceeding one thousand dollars.”

JAMES MADISON in the 43d number of the Federalist says:

“As treason may be committed against the United States the authority of the United States ought to be enabled to punish it: but as new tangled and artificial treasons have been the great engines by which violent factions, the natural offspring of free governments, have usually wreaked their alternate malignity on each other, the Convention has with great judgment opposed a barrier to this peculiar danger by inserting a Constitutional definition of the crime.”

The Constitution confines the crime of treason to two species; First, the levying of war against the United States; and Secondly, adhering to their enemies, giving them aid and comfort. In so doing the very words of the Statute of Treason of EDWARD the THIRD were adopted; and thus the framers of the Constitution recognized the well settled interpretation of these phrases in the administration of criminal law which has prevailed for centuries in England.

Treason, according to Lord COKK, is derived from trahir, signifying to betray; and trahison, by contraction, treason, is the betraying itself.

In England, high treason can only be committed against the KING, for the oath of allegiance is to the KING alone, as the only supreme Governor — he has no partners in the supremacy.

Hitherto, but few cases have occurred in the United States in which it has been necessary for the Federal Courts to act upon this important subject. In 1807 ERICK BALLMAN and SAMUEL SWARTWONT were committed to prison in the District of Columbia, on a charge of high treason against the United States. The prisoners were brought by a writ of habeas corpus before the Supreme Court of the United States. In delivering the opinion of the Court, Chief-Justice MARSHALL said:

“To constitute that specific crime for which the prisoners now before the Court have been commuted, war must be actually levied against the United States. However flagitious may be the crime of conspiring to subvert by force the Government of our country, such conspiracy is not treason. To conspire to levy war. and actually to levy war, are distinct offences. The first must be brought into operation by an assemblage of men for a purpose, treasonable in itself, or the fact of levying war cannot have been committed.” * * * * * * * “It is not the intention of the Court to say that no individual can be guilty of this crime who has not appeared in arms against his country. On the contrary, if war be actually levied, that is, if a body of men Be actually assembled for the purpose of effecting by force a treasonable purpose, all those who perform any part, however minute, or however remote from the scene of action, and who are actually leagued in the general conspiracy, are to be considered as traitors. But there must be an actual assembling of men for a treasonable purpose to constitute levying of war. Crimes, so atrocious as those which have for their object the subversion by violence of those laws and those institutions which have been ordained in order to secure the peace and happiness of society, are not to escape punishment because they have not ripened into treason. The wisdom of the Legislature is competent to provide for the case.”

In the case of The United States vs. FRIES, Mr. Justice CHASE said on the trial, and stated the opinion of the Court to be,

“That if a body of people, conspire and meditate an insurrection to resist or oppose the execution of any statute of the United States by force, they are only guilty of a high misdemeanor; but if they proceed to carry such intention into execution by force, that they are guilty of the treason of levying war; and the quantum of the force employed neither lessens or increases the crime — whether by one hundred or one thousand persons is wholly immaterial;”

* * * “and that it is altogether immaterial whether the force used is sufficient to effectuate the object; any force connected with the intention will constitute the crime of levying war.”

In the case of the United States vs. AARON BURR, Chief-Justice MARSHALL said:

“There is no difficulty in affirming that there must be a war, or the crime of levying it cannot exist; but there would often be considerable difficulty in affirming that a particular act did or did not involve the person committing it in the guilt and in the fact of levying war. If, for example, an army should be actually raised for the avowed purpose of carrying on open war against the United States and subverting their Government, the point must be weighed very deliberately before a Judge would venture to decide that an overt act of levying war had not been committed by a Commissary of purchases who never saw the army, but who, knowing its object, and leaguing himself with the rebels supplied that army with provisions; or by a Recruiting-officer, holding a commission in the rebel service, who, though never in camp, executed the particular duty assigned to him.”

This able jurist, in the same case, states that the term “levying war,” as used in the Constitution of the United States, was unquestionably employed in the same sense in which it was understood in England and in this country, to have been used in the Statute of EDWARD III., from which it was borrowed, and refers to principles laid down by COKE, HALE, FOSTER, BLACKSTONE and HAWKINS.

FOSTER says:

“Attacking the King’s forces, in opposition to his authority, upon a march or in quarters, is levying war.”

And also that

“Holding a castle or fort against the King or his forces, if actual force be used in order to keep possession, is levying war.” — Sec. 4 Cranch Reps. 75, 137, Appendix 470-507.

FOSTER further states, in his valuable Treatise on Treason, that all insurrection, to effect certain innovations of a public and general concern, by an armed force, to be, in construction of law, high treason within the clause of levying war. He farther says:

“An assembly armed and arrayed in a warlike manner for a treasonable purpose is bellum, levatum, though not bellum percussum; listing and marching are sufficient overt acts, without coming to a battle or action. So cruising on the King’s subjects, under a French Commission, France being then at war with us, was held to be adhering to the King’s enemies, though no other act of hostility be proved.” — See 4 Cranch, pp. 478,479:

Lord COKE says: “If many conspire to levy war, and some of them do levy the same, according to the conspiracy this is high treason in all.” “Why? Because all were legally present when the war was levied? No. “For in treason,” continues Lord COKE, “all be principals and war is levied.” This doctrine of Lord COKE has been adopted by all subsequent writers; and it is generally laid down in the English books that whatever will make a man an accessory in felony will make him a principal in treason:

“It is well known,” says FOSTER, ” that in the language of the law there are no accessories in high treason — all are principals. Every instance of incitement, aid, or protection, which in case of felony will render a man an accessory before or after the fact, in the case of high treason, whether it be treason at common law or by statute, will make him a principal in treason.”

“The propriety of investing the National Government.” says Mr. Justice STORY, in his Commentaries on the Constitution, “with authority to punish the crime of treason against the United States, could never become a question with any persons who deem ed the National Government worthy of creation or preservation. If the power had not been expressly granted, it must have been implied, unless all the powers of the National Government might be put at defiance and prostrated with impunity. Two motives probably concurred in introducing it as an express power. One was, not to leave it open to implication whether it was to be exclusively punished with death, according to the known rule of the common law, and with the barbarous accompaniments pointed out by it — but to confide the punishment to the discretion of Congress. The other was, to impose some limitation upon the nature and extent of the punishment, so that it should not work corruption of blood or forfeiture beyond the life of the offender.”

Treason has ever been deemed the highest crime which can be committed in civil society; since its aim is an overthrow of the Government and a public resistance by force of its just powers, its tendency is to create universal danger and alarm, and on this account it has often been visited with the deepest public resentment. Hence, by the common law, the the punishment of high treason was accompanied by all the refinements in cruelty which were oftentimes literally and studiously executed. But under the Constitution of the United States the power of punishing the crime of treason against the United States is exclusive in Congress; and the trial of the offence belongs exclusively to the Federal tribunals. A State cannot take cognizance or punish the offence, whatever it may do in relation to the offence of treason committed exclusively against itself.

Source: Ratification of US Constitution 1790 EXCERPT Article Published January 25, 1861 Public Domain

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According To Obama If Budget Sequestration Happens

president-obama-the-great-divider
obama along with a willing media, are daily calling out a list of things that will happen when a mere $85 billion worth of budget cuts takes place in 2013 due to the agreement he signed into law and was gleefully for back in November 2011.
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Bad Fiscal Cliff Bill: Payroll Tax Increase Hits Nearly Every Wage Earner

http://i1.wp.com/www.socialsecurityinsider.com/wp-content/uploads/2008/10/istock_000006459776xsmall.jpg?resize=425%2C282This may be a brief rally for the markets, but a long term problem for our freedom and financial future. The GOP failed us. Moderates and RINOs must be tossed out. No quarter given, no conversation, no compromises. The USA is NOT Europe and we will not let our elected official act like Europeans. We will take our country back, we will stand for and with our Constitution. 

WASHINGTON– While the tax package that Congress passed New Year’s Day will protect 99 percent of Americans from an income tax increase, most of them will still end up paying more federal taxes in 2013.

That’s because the legislation did nothing to prevent a temporary reduction in the Social Security payroll tax from expiring. In 2012, that 2-percentage-point cut in the payroll tax was worth about $1,000 to a worker making $50,000 a year. read more

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6,125 Proposed Regulations and Notifications Posted in Last 90 Days Avg 68 per Day

Obama

AP File Photo

In the past 90 days, it has posted 6,125 regulations and notices – an average of 68 a day.

The website allows visitors to find and comment on proposed regulations and related documents published by the U.S. federal government. “Help improve Federal regulations by submitting your comments,” the website says.

The thousands of entries run the gamut from meeting notifications to fee schedules to actual rules and proposed rule changes.

In recent days, for example, the EPA posted a proposed rule involving volatile organic compound emissions from architectural coatings: “We are approving a local rule that regulates these emission sources under the Clean Air Act (CAA or the Act),” the proposed rule states. “We are taking comments on this proposal and plan to follow with a final action.” read more

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Youth unemployment rate: 12% overall; blacks 21%, Hispanics 13%

Unemployment for the youth is extremely high, and it will only get higher if obama is allowed to serve another 4 years as our president…Young people , white, black and Hispanic, you may think obama is cool, but you can’t buy your cars and gas and stylish clothes with coolness, it takes a job, think twice before you pull that lever on November 6. Romney may be a square to you but he will create policy that will allow businesses to create jobs for you and that is what being a President is all about.

Pollster John Zogby told Secrets this week that support among younger voters aged 18-29 is down for President Obama and the new October unemployment rates announced Friday morning may explain why.

According to the government, the overall youth unemployment rate is 12 percent. But for younger black voters, a critical Obama support block, the rate is a staggering 21.4 percent. And for Hispanic youth voters it is 13.4 percent.

According to the youth-focused group Generation Opportunity, which pulled the youth figures out of the overall labor numbers, the picture might be worse.

“The declining labor force participation rate has created an additional 1.7 million young adults that are not counted as ‘unemployed’ by the U.S. Department of Labor because they are not in the labor force, meaning that those young people have given up looking for work due to the lack of jobs,” they said.

Generation Opportunity President Paul T. Conway, said “For the president, the failure to address young adult unemployment and to understand the negative impact on their hopes will, in retrospect, be seen as the reason why he lost support among millions of who once believed in his ability to affect lasting change.”

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The Waste Book, totaling more than 19 Billion

According to the latest survey of government waste put out by Sen. Tom Coburn, R-Okla.
Known simply as the Waste Book, the report is a watchlist of eye-opening expenditures, which Coburn blames on a “let them eat caviar” attitude in Washington — at a time when “23 million of our fellow Americans do not have good jobs,” Coburn notes.

2012 Waste Book report details 100 examples totaling nearly $19 billion. Coburn acknowledges that’s a drop in the bucket in contrast to the overall federal deficit, which tops $16 trillion, but he says the items are snapshots of the bigger problem.

It estimates that taxpayers are subsidizing phone service at a cost of nearly $1.5 billion a year. Though the roots of the program can be traced back to an effort in the 1930s to make sure all Americans had access to telecommunications, it has morphed into program that provided free cell service to some 16,500,000 participants last year.

NASA has no plans or budget for any manned spaceflights to Mars, the agency spends about $1 million each year on developing “the Mars menu.” It’s an effort to come up with a variety of food that humans could eat one day on Mars.

– A $325,000 grant for the development of “Robosquirrel” – a robotic rodent designed to test the interaction between rattlesnakes and squirrels.

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Here is a list of SOME of the jobs Obama has out sourced to other Countries

obama gives Chinese our infrastructure jobs, do yourself a favor, watch the video and read this whole article… thank you, Angel

When obama points at Romney and claims he is an out sourcer of jobs, he needs to look at his own record…but since he ignores it, I will show it to YOU… the voter…

Obama regime has been trying its best to outsource important national security jobs to a foreign entity in Brazil that has ties to the Iranian government. That entity is Embraer.. read more

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Government loan for solar panels that burst into flames

obama has spent an astronomical amount of money on frivolous things. One being tax payer money into one of his dreams, green energy that didn’t seem to quite work out.

Humanevents has a story on one such waste of money

A congressional oversight panel wants to know when the Obama administration became aware of significant technological issues at a renewable energy company it helped fund, including the propensity of its solar panels to burst into flames when exposed to the sun.

Abound Solar Manufacturing was awarded a $400 million line-of-credit in taxpayer-backed loans from the Energy Department (DOE), and is the third company funded by President Barack Obama’s stimulus plan to go bankrupt, along with Solyndra and Beacon Power.

Republican Reps. Fred Upton of Michigan, chairman of the House Energy and Commerce Committee, along with Cliff Stearns of Florida and Cory Gardner of Colorado, sent a letter to Energy Secretary Steven Chu on Wednesday instructing the agency to turn over certain information on the loan.

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Obamacare: $27.6 Billion in New Regulations

A new report released by the American Action Forum shows Obamacare has imposed $27.6 billion in new regulations. Most of the burden of these new regulations will fall on private entities: “at least $20.4 billion in lifetime costs on private entities and $7.2 billion in increased burdens on state budgets,” according to the report.

Besides the added costs on states and private entities, the 85 new Obamacare regulations will require more than 60 million hours of new paperwork.

Twenty states will lose the equivalent of 300 full-time employees’ worth of work to filling out ACA regulatory red tape. Additionally, 27 states have a burden of over $300 million in new regulatory costs.
And costs will only go up from there. The report notes that these new regulations likely “represent a cost floor, and not a ceiling to implement the ACA.”
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Economic slowdown is getting worse, US must avoid ‘fiscal cliff

The IMF is warning the U.S. that the global slowdown is worsening and it has cut its growth forecast for the second time since April. The U.S. and European policymakers failure to fix the economic woes is going to prolong the slump.

Global growth in advanced economies is to weak to bring down the unemployment, (unless you are obama, where the numbers are swayed, and those who give up are counted as non persons any longer,and 52,000 part time jobs are counted as full time employment, then you have a labor dpt. who will drop the unemployment numbers regardless of how high they really are)

Policymakers have flagged the U.S. “fiscal cliff” — government spending cuts and tax raises due to take affect early in 2013 — and resolving the euro area’s debt crisis as the top issues facing the global economy.

Europe’s debt crisis is “a clear and present danger,” Canadian Finance Minister Jim Flaherty said last week.
The IMF forecast that global output in 2012 would grow just 3.3 percent, down from a July estimate of 3.5 percent.

That would make this the slowest year of growth since 2009 when the world was struggling to pull out of the global financial crisis. It predicted only a modest pickup next year to 3.6 percent, below its July estimate of 3.9 percent.

It projected U.S. growth would be a little more than 2 percent this year and next, but forecast a contraction in the euro area this year by 0.4 percent and modest growth in 2013 of 0.2 percent.
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Analysts, U.S. coal stocks jump on Romney comments

Mitt Romney’s support of the coal industry during his debate with President Obama sent coal company stocks higher on Thursday, analysts said.

“It’s amazing what 15 words about coal in a presidential debate can do for the stocks,” said Michael Dudas of Sterne Agee.
“These stocks have been volatile, but you can’t discount what a man running for president said about coal. Call it the Romney rally.”

During Wednesday’s debate with Obama, Republican candidate Romney brought up coal during a discussion of energy policies.
“By the way, I like coal. I’m going to make sure we can continue to burn clean coal,” said the former head of the private equity firm, Bain Capital.

“People in the coal industry feel like it’s getting crushed by your policies,” he told Obama.

In morning trading on the New York Stock Exchange, Arch Coal (ACI.N) rose 6.7 percent to $6.62, Alpha Natural Resources (ANR.N) shares were up 5.2 percent at $6.63, Consol Energy (CNX.N) was 4.9 percent higher at $31.18, Peabody Energy (BTU.N) gained 4.2 percent to $22.74 and Walter Energy (WLT.N) was up 4.6 percent at $32.80.
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IRS: Obama tax hike would hurt one million small businesses

No matter how obama spins his no taxes on 97% of small businesses, it comes up as a lie…

A new study by Internal Revenue Service, shows that allowing Bush-era tax rates for high earners to expire, the centerpiece of President Obama’s tax plan and a big part of his campaign rhetoric, would mean that 1 million companies would be hit with new taxes. According to the IRS, which goes to great lengths to define a small business, high-income earners make up 24 percent of all small businesses that have employees.

Hmmm taxing the rich won’t hurt the small guy huh obama?

Wealthy earners with small businesses account for 923,000 businesses with employees. There are many more in business for themselves.

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