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The definition of '''treason''' is a thorny problem for any free society.  Politics in a [[representative]] [[democracy]] have been understood in modern times to require a [[loyal opposition]], which means that the concept cannot be too expansive or debate and the life of the mind generally will be chilled.  By contrast, a [[totalitarian]] state can simply designate all opposition to the philosophy of the ruling party or the policies of the leader as treason.  However, in any state, in order for the [[executive branch]] to be able to fulfill its duty to protect the polity, it must retain the possibility of pursuing criminal sanctions against domestic enemies of the existing order, at least to the extent they use [[violence]].   

The definition of '''treason''' is a thorny problem for any free society.  Politics in a [[representative]] [[democracy]] have been understood in modern times to require a [[loyal opposition]], which means that the concept cannot be too expansive or debate and the life of the mind generally will be chilled.  By contrast, a [[totalitarian]] state can simply designate all opposition to the philosophy of the ruling party or the policies of the leader as treason.  However, in any state, in order for the [[executive branch]] to be able to fulfill its duty to protect the polity, it must retain the possibility of pursuing criminal sanctions against domestic enemies of the existing order, at least to the extent they use [[violence]].   

It is generally understood that treason is a unique crime threatening all citizens and calls for the harshest penalties, typically [[capital punishment]].  In [[England]] before the [[Glorious Revolution]] of 1688 (which ejected the [[House of Stuart]] and made the English government truly limited), treason carried a penalty of [[beheading]] for the nobility and [[hanging]], [[drawing and quartering]] for others, a process vividly depicted towards the end of the 1995 film [[Braveheart]].  The English executed traitors as late as the mid-[[20th century]], but by that time were content to rely merely on hanging.

It is generally understood that treason is a unique crime threatening all citizens and calls for the harshest penalties, typically [[capital punishment]].  In medieval [[England|English]] law, 'high treason' was defined as the murder or attempted murder of the reigning monarchy, or attempts to usurp or overthrow them or pervert the natural succession of the throne.  'Petty treason' was the murder of a social superior, such as a servant killing his master or a knight murdering the lord he was expected to serve, but this term gradually fell out of use after the decline of the feudal system, and because such cases could also be tried simply as murder.  Before the [[Glorious Revolution]] of 1688 (which ejected the [[House of Stuart]] and made the English government truly limited), high treason carried a penalty of [[beheading]] for the nobility and [[hanging]], [[drawing and quartering]] for others, a process vividly depicted towards the end of the 1995 film [[Braveheart]].  A famous example of a treasoner executed in this way was [[Guy Fawkes]] in 1605, part of a failed conspiracy of [[Roman Catholics]] to assassinate the [[Protestant]] King [[James I]] and his parliament.  The British executed traitors as late as the mid-[[20th century]], but by that time were content to rely merely on hanging.

The [[U. S. Constitution]] defines treason as "levying war against the United States, or in adhering to their enemies, giving them aid and comfort."  It also (copying an earlier English statute, the Statute of [[Edward III]]) requires that no conviction shall be had for this crime in the absence of the sworn testimony of two witnesses.  The high point of treason prosecutions came under the administration of [[Woodrow Wilson]], when the [[Espionage Act of 1917]] and [[Sedition Act of 1918]] were used to convict scores of Americans for treason based on their speech against American participation in [[World War I]].  The Sedition Act was eventually repealed (although at least two sections of the Espionage Act remain in U. S. law) and the modern [[clear and present danger doctrine]] was formulated to determine when the U. S. or any state could restrict [[First Amendment]] rights to free expression.

The [[U. S. Constitution]] defines treason as "levying war against the United States, or in adhering to their enemies, giving them aid and comfort."  It also (copying an earlier English statute, the Statute of [[Edward III]]) requires that no conviction shall be had for this crime in the absence of the sworn testimony of two witnesses.  The high point of treason prosecutions came under the administration of [[Woodrow Wilson]], when the [[Espionage Act of 1917]] and [[Sedition Act of 1918]] were used to convict scores of Americans for treason based on their speech against American participation in [[World War I]].  The Sedition Act was eventually repealed (although at least two sections of the Espionage Act remain in U. S. law) and the modern [[clear and present danger doctrine]] was formulated to determine when the U. S. or any state could restrict [[First Amendment]] rights to free expression.