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.
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?