Treason has a specific definition in the Constitution and requires TWO witnesses. As such it's very infrequently used.
As noted in my edit of a previous post the definition came about under an order in 1942 by then President Roosevelt, which set up the "enemy combatant" classification.
In 1942 several nazi's were captured while trying to infiltrate into Florida to commit sabotage, including one American citizen. They were caught and held under the procedures set up by Pres. Roosevelt.
This was appealed and eventually came befrore the US Supreme Court, which ruled in 317 U.S. 1 (1942) EX PARTE QUIRIN that the President had the authority to make such a classification and that they did not have the right to file Habeas Corpus briefs.
As such it set the precident that not only did not foreign born persons acting against the US as part of an underground operation qualify as "enemy combatants" but that the American citizen was also qualified for the classification. This precedent has been further upheld in subsequent rulings.
Now...this all was under a "declaration of war" issued by act of Congress after Pearl Harbor, and some think that the absense of such a "declaration of war" makes a difference in this case.
This is not true because Congress in 1973 passed The War Powers Act.
The War Powers Act substitutes a War Powers Declaration for the old "declaration of war" procedure and includes some safeguards. These include a time-limit on the Presidents power to excute emergency military action without Congress passing such a resolution (60 days) and the ability for Congress to recind the resolution once passed.
In point of fact TWO War Powers Resolutions have been passed and remain in full effect since 9/11: one deals with al Qaeda, its minions and supporters be they individuals, organizations or nations and the other deals with the upcoming military action in Iraq.
BOTH have the full force of a formal declaration of war and both have been passed by large marins in Congress. They also enjoy high levels of support among the US citizenry.
Dr. Mordrid
As noted in my edit of a previous post the definition came about under an order in 1942 by then President Roosevelt, which set up the "enemy combatant" classification.
In 1942 several nazi's were captured while trying to infiltrate into Florida to commit sabotage, including one American citizen. They were caught and held under the procedures set up by Pres. Roosevelt.
This was appealed and eventually came befrore the US Supreme Court, which ruled in 317 U.S. 1 (1942) EX PARTE QUIRIN that the President had the authority to make such a classification and that they did not have the right to file Habeas Corpus briefs.
As such it set the precident that not only did not foreign born persons acting against the US as part of an underground operation qualify as "enemy combatants" but that the American citizen was also qualified for the classification. This precedent has been further upheld in subsequent rulings.
Now...this all was under a "declaration of war" issued by act of Congress after Pearl Harbor, and some think that the absense of such a "declaration of war" makes a difference in this case.
This is not true because Congress in 1973 passed The War Powers Act.
The War Powers Act substitutes a War Powers Declaration for the old "declaration of war" procedure and includes some safeguards. These include a time-limit on the Presidents power to excute emergency military action without Congress passing such a resolution (60 days) and the ability for Congress to recind the resolution once passed.
In point of fact TWO War Powers Resolutions have been passed and remain in full effect since 9/11: one deals with al Qaeda, its minions and supporters be they individuals, organizations or nations and the other deals with the upcoming military action in Iraq.
BOTH have the full force of a formal declaration of war and both have been passed by large marins in Congress. They also enjoy high levels of support among the US citizenry.
Dr. Mordrid
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