Government in the United States, National, State and LocalGarner, James Wilford
History
Government in the United States, National, State and Local
Garner, James Wilford
United States -- Politics and government
_The Fourth Amendment_ declares among other things that no warrant for
arrest (by the federal authorities) shall be issued except upon probable
cause, supported by oath or affirmation and particularly describing the
person to be seized. This provision is designed to prevent arbitrary
arrests of persons on mere suspicion. It prohibits general search
warrants such as were commonly used by the British authorities in the
colonies prior to the outbreak of the Revolution and which were
popularly known as "writs of assistance." Such warrants did not mention
the name of the person to be arrested but permitted the officer to
insert any name in the warrant and arrest whomsoever he might choose.
_The Eighth Amendment_ declares that excessive bail shall not be
required, nor excessive fines imposed, nor cruel and unusual punishment
inflicted. The purpose of the first provision is discussed on p. 119.
The purpose of the other two prohibitions is to prevent the old
severities of the penal code that were common two hundred years ago.
_Treason._--Among the crimes in the prosecution of which judges were
frequently arbitrary and which were punished with undue severity, was
that of treason. Treason has always been regarded as the highest crime
known to society, because it seeks the overthrow or destruction of the
government itself. In earlier times, judges frequently construed
offenses to be treasonable which were not declared so by the laws. This
was known as _constructive_ treason. To prevent them from construing the
existence of treason where it really did not exist, parliament therefore
passed a statute during the reign of Edward III defining the offense
with more or less precision, and this definition in substance was
incorporated in the Constitution of the United States, This provision
declares that treason against the United States shall consist only in
levying war against them or in adhering to their enemies, giving them
aid and comfort. The Supreme Court in interpreting this provision has
ruled that in order to constitute treason there must be an actual
levying of war or an assembling of persons for the purpose of making
war; that a mere conspiracy to subvert the government by force is not
treason, but after the war has once begun, all those who perform any
part, however minute or remote, or who give aid and comfort to the
enemy, are traitors and as such are liable to the penalties of treason.
To protect persons accused of treason against conviction upon the
testimony of a single witness, the Constitution requires the testimony
of two witnesses to the act, or confession in open court, to convict.
Congress is authorized to prescribe the punishment of treason, but the
Constitution declares that no attainder of treason shall work corruption
of blood or forfeiture except during the life of the person attainted.
Under the old law, a person convicted of treason was not only put to
death in a barbarous manner, but his blood, was considered as
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