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It is generally understood that treason is a crime that threatens 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 such an execution was that in 1605 of [[Guy Fawkes]], a member of a failed conspiracy of [[Roman Catholics]] who sought to assassinate the [[Protestant]] King [[James I]] and his parliament.  The British hanged traitors as late as the mid-[[20th century]].

It is generally understood that treason is a crime that threatens 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 such an execution was that in 1605 of [[Guy Fawkes]], a member of a failed conspiracy of [[Roman Catholics]] who sought to assassinate the [[Protestant]] King [[James I]] and his parliament.  The British hanged traitors as late as the mid-[[20th century]].

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 upon speeches 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 resort to restricting [[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 upon speeches 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 resort to restricting [[First Amendment]] rights to free expression.

Treason prosecutions in the modern U. S. are exceedingly rare; although an [[al-Qaeda]] operative born in [[California]] was recently indicted, other U. S. citizens who have fought in [[Afghanistan]] on the [[Taliban]] side, notably [[John Walker Lindh]] and [[Yasser Esam Hamdi]], were tried on lesser charges, and Hamdi is now a free man.  This is in part because there were no treason prosecutions arising from the [[Cold War]]; even the Rosenbergs were tried and sentenced to death for [[espionage]], the selling of secrets, which led their lawyers to complain that they were being treated more harshly than the average American traitor in [[World War II]], only two of whom having been sentenced to death.  [[Aldrich Ames]], originally charged with treason after his spying for [[Russia]] during the Cold War was revealed, avoided prosecution for this charge by reaching a plea agreement to lesser charges, and is now serving a life sentence.   

Treason prosecutions in the modern U. S. are exceedingly rare; although an [[al-Qaeda]] operative born in [[California]] was recently indicted, other U. S. citizens who have fought in [[Afghanistan]] on the [[Taliban]] side, notably [[John Walker Lindh]] and Yasser Esam Hamdi, were tried on lesser charges, and Hamdi is now a free man.  This is in part because there were no treason prosecutions arising from the [[Cold War]]; even the Rosenbergs were tried and sentenced to death for [[espionage]], the selling of secrets, which led their lawyers to complain that they were being treated more harshly than the average American traitor in [[World War II]], only two of whom having been sentenced to death.  [[Aldrich Ames]], originally charged with treason after his spying for [[Russia]] during the Cold War was revealed, avoided prosecution for this charge by reaching a plea agreement to lesser charges, and is now serving a life sentence.   

The decision not to charge the Rosenbergs with treason may stem from the fact the Cold War remained latent, instead of being formally declared by [[Congress]].  This would mean that the definition of "enemies" is actually more problematic than that of any other word in the Constitution's treason clause, since the Rosenbergs undoubtedly adhered to the [[Soviet Union]] and gave it 'aid and comfort'.  Comparably, [[Jonathan Pollard]] was also charged with and convicted of espionage and sentenced to life imprisonmment for passing American secrets to [[Israel]], a state usually described as a stalwart ally of the U. S.  As with the Rosenbergs, there were loud protests, this time including calls for a Presidential [[pardon]].

The decision not to charge the Rosenbergs with treason may stem from the fact the Cold War remained latent, instead of being formally declared by [[Congress]].  This would mean that the definition of "enemies" is actually more problematic than that of any other word in the Constitution's treason clause, since the Rosenbergs undoubtedly adhered to the [[Soviet Union]] and gave it 'aid and comfort'.  Comparably, [[Jonathan Pollard]] was also charged with and convicted of espionage and sentenced to life imprisonmment for passing American secrets to [[Israel]], a state usually described as a stalwart ally of the U. S.  As with the Rosenbergs, there were loud protests, this time including calls for a Presidential [[pardon]].