The National Constitution: Treason and Supreme Court
He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; (It is the practice of the President to submit to Congress, at the opening of each session, a statement of national affairs. This is called his Annual Message. Washington and John Adams read their messages in person to the assembled Congress. Jefferson first sent his message to them by his private secretary. That practice is still kept up.) he may, on extraordinary Occasions, convene both Houses, or either of them, (The President, with his better information concerning national affairs, can best judge when an extraordinary session of Congress may be necessary.) and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; (He may also refuse to receive them, and thereby annual or prevent diplomatic relations between the United States and any country.) he shall take Care that the Laws be faithfully executed, and shall Commission all the officers of the United States.
How officers may be removed.
Section 4
The President, Vice President, and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes or Misdemeanors.
Article III
Judicial power, how vested.
Section 1
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office. (This section provides that the Supreme Court shall be a co-ordinate branch of the National Government, yet independent of and distinct from both the legislative and executive departments. The powers of the National Government, it will be seen, are threefold, namely, legislative, judicial, and executive. The first enacts laws, the second interprets them, and the third enforces them. The Supreme Court consists of one Chief Justice and several Associate Justices, who hold an annual session at the national capital, commencing on the day when Congress meets--first Wednesday in December.)
To what cases it extends.
Section 2
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States;--between a State and Citizens of another State;--between Citizens of different States; (A citizen of the District of Columbia is not a citizen of a State, within the meaning of this Constitution. The District is under the immediate control of Congress, and has neither a legislature or governor.)--between citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
Jurisdiction of the Supreme Court.
In all Case affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be a Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
Rules respecting trials.
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the trial shall be at such Place or Places as the Congress may by Law have directed. (See Amendments to the Constitution, Articles V., VI., VI., VIII.)
Treason defined.
Section 3
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. (At the trial of Aaron Burr, Chief Justice Marshall said: "Any combination to subvert by force the Government of the United States; violently to dismember the Union; to compel a change in the administration, to coerce the repeal or adoption of a general law, is a conspiracy to levy war. And if conspiracy be carried into effect by the actual employment of force, by the embodying and assembling of men for the purpose of executing the treasonable design which was previously conceived, it amounts to levying war.")
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.
How punished.
The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attained. (The limit as to forfeiture applies only to the real estate of the criminal, which, at his death, must be restored to his heirs or assigns. The dower right of his wife also remains untouched. See Kent's Commentaries on American Law, ii. 464. This is more humane than the English law of treason. It does not punish the innocent wife and children of a criminal on account of his crimes.)
Article IV
Rights of States defined.