Related Citations

  • Ian Mitchell, The Trial of Jefferson Davis and the Treason Controversy, 39 N. Ky. L. Rev. 757 (2012).

    Analyzes the indictments brought under the treason clause during the civil war, especially Jefferson Davis’s trial. Employs original intent originalism to conclude that the founders clearly intended a strict definition of treason, despite modern interpretations that cloud it.

  • Tom W. Bell, Treason, Technology, and Freedom of Expression, 37 Ariz. St. L.J. 999 (2005).

    Argues that the power to prosecute treason conflicts with the First Amendment, something that has been brought to the fore with new communications technologies. Discusses the “subversion” of the treason clauses’s original meaning using founding-era sources and walks through various words and phrases in the clause.

  • Willard Hurst, English Sources of the American Law of Treason, 1945 Wis. L. Rev. 315 (1945).

    Argues that intent is a key element of a treason charge. Analyzes the historical background of the treason clause and the implications of it as derived from English law.