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re: Should somone who gives up his citizenship be labeled a traitor and charged w/ treason?

Posted on 8/16/17 at 6:29 pm to
Posted by weagle99
Member since Nov 2011
35893 posts
Posted on 8/16/17 at 6:29 pm to
That would assume that the United States owned all the states in the 19th Century, which wasn't the case pre-secession.

Also, taking property isn't in the definition of treason.

The definition clearly states that treason involves actively trying to overthrow one's government, which wasn't the case with the Confederates.
This post was edited on 8/16/17 at 6:32 pm
Posted by weagle99
Member since Nov 2011
35893 posts
Posted on 8/16/17 at 6:34 pm to
quote:

However, the Chief Justice gave the Davis team another interesting argument for dropping the treason charge. Chase asked if a person could be prosecuted for treason against the US if he were not a US citizen. Clearly, no. Then Chase asked if there was a reference to the concept of a US citizen in the Constitution. Again, there was not. A person could only be a citizen of his state. Therefore, by proving that the US had no citizens, Davis couldn’t be tried for treason against the US. It was a clever argument that has never been used again as far as we know.
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