When The Federal Government Fails To Carryout Its Enumerated Powers, Is That An Act Of Treason?

The norm, of course, is for us to be worried about the Federal government over-reaching its enumerated powers and with good reason. But what recourse do Americans and the States have when the Federal Government doesn’t carrry out its enumerated powers? The failure I’m thinking about is the failure to protect our borders and stop the invasion of illegal aliens. I consider this uncontrolled invasion a clear and present danger to the United States of America. Further, I consider these illegal aliens to be enemies of the State. And, I consider the failure by the Federal government to protect our borders and remove these enemies from our country as giving aid and comfort to our enemies. That is part of the definition of treason in our constitution.

From Wikipedia:

Treason 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 Constitution does not itself create the offense; it only restricts the definition (the first paragraph), permits Congress to create the offense, and restricts any punishment for treason to only the convicted (the second paragraph). The crime is prohibited by legislation passed by Congress. Therefore the United States Code at 18 U.S.C.§ 2381 states “whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.” The requirement of testimony of two witnesses was inherited from the British Treason Act 1695.

So, if the constitution permits the Congress to “create the offense”, maybe they should.

Admittedly my suggestion is extreme. I do so in the hope of provoking a discussion on the apparent lack of recourse for Americans through their States to have redress when the Federal government does not fulfill its obligations under the enumerated powers given them by the constitution and especially as it applies to the control of our borders and the issue of illegal aliens in our country. If this problem is not adequately addressed, in time we will lose this country by default.

Well, that’s what I’m thinking. What are your thoughts?

13 thoughts on “When The Federal Government Fails To Carryout Its Enumerated Powers, Is That An Act Of Treason?

  1. Of course it is Jim. America government has a long standing tradition of violating the law as it sees fit- Seizing gold,, imprisoning Japanese Americans denying due process and civil rights, counterfeiting money, killing people, it does what it wants to do. It will sezie and forfet your assets.

    Now you are going to ask it to what- prosecute itself? Frankenstein Government baby…we created a monster. Aint’ no stopping it now.

    Not sure what’s up with the comment box on blogger. I wish I would have just done wordpress like you…thanks for swinging by!

  2. the American people have long stopped paying attention to how the country is run. i think with this awful obama administration a lot of Amercians are taking notice and it will show in November. of course failure to protect our borders is treason. but as fg said, the monster won’t prosecute itself. it’s up to us.

  3. I find most people I try to hold any conversation about government and the state of affairs we are in, have little interest. The McCarthy hearings are a case in point. Years later we find much of his concern to be true, yet how many even know about it.

  4. It is generally thought that immigration enforcement is the job of the federal government, because of this I havealways felt that Arizona’s immigration law would be found unconstitutional. Today’s hearing gives me hope that Arizona’s law will be upheld because they didn’t go beyond the federal government’s restrictions, they are simply looking to do the job the feds aren’t willing to do.
    With the flow of illegals coming into the country it is easy to assume that some of these people will be enemies to the country, and by not doing its job the federal government is almost criminal in its adversion to carry out one of its constitutional duties.

  5. Well if the federal government won’t protect the nations borders can’t the states pass their own laws making it illegal for illegals to work in the state and actually enforce the law, much like Arizona did, to the immense irritation of obama and his gaggle of useless idiots.

  6. I don’t know if it fits the legal definition of treason, but it is unconstitutional. Unfortunately, we have a government of precedent now. Whatever some slimy politician can get away with once, it becomes a legally-accepted precedent, no matter if it violently rapes the constitution.

    Here we are, with the government we deserve…

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