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U.S. Constitution study guide: Difference between revisions
U.S. Constitution study guide (view source)
Revision as of 00:41, 25 November 2021
, 25 November 2021→Section 3. [
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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. | 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. | ||
=== Section 3. | === Section 3. === | ||
'''{{#tip-text: [Section 3. overview]|Treason & Jury Trials | '''{{#tip-text:[Section 3. overview]|Treason & Jury Trials | ||
* treason | * here the Constitution defines "treason" and requires jury trials for charges of it | ||
* = important protection and separation of powers}}''' | |||
'''{{#tip-text: Treason|Treason | |||
* = "betrayal of one's country" | |||
* treason is a highly political charge, so the Constitution specifically defines its definition | * treason is a highly political charge, so the Constitution specifically defines its definition | ||
* European monarchs and legislatures abused "treason" charges as a way of stifling dissent and political opposition | * European monarchs and legislatures abused "treason" charges as a way of stifling dissent and political opposition | ||
* so the Founders specifically required that treason charges be tried by juries and not just magistrates who may be subject to pressure from the Legislature or Executive. | * so the Founders specifically required that treason charges be tried by juries and not just magistrates who may be subject to pressure from the Legislature or Executive. | ||
* Jury trials are an important protection of the rights of the people | * Jury trials are an important protection of the rights of the people | ||
* the Constitution thereby adds this important protection, including that trials must be judged by peers, i.e. the trials and juries must be where the crime was committed}}''' | * the Constitution thereby adds this important protection, including that trials must be judged by peers, i.e. the trials and juries must be where the crime was committed}}''' against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. 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. | ||
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 attainted. | 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 attainted. | ||