Doubtful State of the Law of Treason Today (click title to entry - thank you)
The vacillation of Chief Justice Marshall between the Bollman 1304 and Burr 1305 cases and the vacillation of the Court in the Cramer 1306 and Haupt 1307 cases leave the law of treason in a somewhat doubtful condition. The difficulties created by the Burr case have been obviated to a considerable extent through the punishment of acts ordinarily treasonable in nature under a different label, 1308 within a formula provided by Chief Justice Marshall himself in the Bollman case. The passage reads: ''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; and the framers of our Constitution . . . must have conceived it more safe that punishment in such cases should be ordained by general laws, formed upon deliberation, under the influence of no resentments, and without knowing on whom they were to operate, than that it should be inflicted under the influence of those passions which the occasion seldom fails to excite, and which a flexible definition of the crime, or a construction which would render it flexible, might bring into operation.''
It is my opinon that over the years, Article III, Section 3 has been misued primarily duing times of war and in the face of fear. I believe that is especially true in the Kawakita v. United States. See, treason has to be a clear intent to replace the government of the USA with a separate sovereign authority. I can't say any of the treason cases in the history of the USA are clearly a danger to the soveriegnty of the country.
BUT.
Then there is the 'movement' to replace an entire party with extremists that sign on to lies and falsehoods while agreeing to take an oath of office.
All this facilitated 'with intent' of doing exactly that by Murdoch's media?
Really?
Why does the role of fear seem to be a primary motivater here?
