Also known as:altae proditionis · high treason · treason
Written by attorneys · grounded in primary & secondary sources — see below
An offense against the state consisting of levying war against it or adhering to its enemies by giving them aid and comfort.
Sources & Authorities· 2 primary sources
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Statutes
Common Law
Restatements
Dictionaries
How it applies
Common Examples
6
Fugitive Charged With Treason
Anthony Arnold faces charges of alta proditio in State A after levying war against the United States. He flees to State B. State A's governor demands his return under the extradition clause. State B must deliver him for trial in the state with jurisdiction.
Impeachment For High Treason
President Ariana Azizi is accused of alta proditio by levying war against the United States. The House impeaches her for this offense. The Senate convicts and removes her from office under the constitutional standard.
Treason And Prior Restraint
Alan Ackerman publishes documents revealing plans that aid an enemy during wartime. The government seeks to block publication as support for alta proditio. The court weighs the publication against national security claims.
New York Times Co. v. United States403 U.S. 713 (1971)
Legislative Veto In Treason Case
Congress passes a law allowing a one-house veto of a deportation order for an alien accused of alta proditio. The alien challenges the veto mechanism. The court examines whether the procedure complies with constitutional requirements.
Immigration & Naturalization Service v. Jagdish Rai Chadha462 U.S. 919, 954 n. 16, 103 S.Ct. 2764, 2785 n. 16, 77 L.Ed.2d 317
Political Question In Treason Dispute
Aisha Ahmed challenges a state action related to an alta proditio prosecution as a political question. The court considers whether the dispute involves issues committed to another branch.
Baker v. Carr369 U.S. 186, 211
Ex Post Facto Treason Law
Andrew Avery is prosecuted under a new statute defining alta proditio after his alleged acts. He argues the law violates the prohibition on ex post facto legislation. The court determines whether the statute applies retroactively.
Calder v. Bull3 Dall. (3 U.S.) 386 (1798)
Common questions
Frequently Asked
3
What conduct constitutes alta proditio under the Constitution?+
Alta proditio consists only of levying war against the United States or adhering to its enemies by giving them aid and comfort. Conviction requires testimony of two witnesses to the same overt act or a confession in open court.
Can a president be removed for alta proditio?+
The Constitution authorizes removal of the president upon impeachment and conviction for treason, which includes alta proditio. The House impeaches and the Senate convicts under the high crimes and misdemeanors standard.
Does the privileges and immunities clause affect extradition for alta proditio?+
A person charged with alta proditio who flees to another state must be delivered up on demand of the executive authority of the state from which he fled under the Extradition Clause. The provision ensures return to the state with jurisdiction.
541 U.S. 36 (2004)Evidence
…occurred in the great political trials of the 16th and 17th centuries. One such was the 1603 trial of Sir Walter Raleigh for treason. Lord Cobham, Raleigh's alleged accomplice, had implicated him in an examination before the Privy Council and in a letter. At Raleigh's trial, these were read to the jury. Raleigh argued…