The Short ConstitutionWade, Martin J. (Martin Joseph)
History
The Short Constitution
Wade, Martin J. (Martin Joseph)
United States. Constitution
“The provisions prohibiting the granting of titles of nobility are
designed, no doubt, first to preserve equality before the law, and
second, to secure in perpetuity a republican form of government.
Such provisions are not essential to theoretical equality before the
law, for such equality is fundamental in the law of England
notwithstanding the existence of titles of nobility. But the framers
of the Constitution evidently contemplated a form of government in
which there should be no special privileges conferred by rank or
title. The additional provision in the Federal Constitution
prohibiting the acceptance by any person holding any office of
profit or trust under the United States of any present, emolument,
office or title from any foreign sovereign or power without the
consent of Congress, was probably intended to prevent the exercise
of foreign influence in governmental affairs. These articles in the
Constitution are substantially borrowed from the Articles of
Confederation.”—Emlin McClain, quoted in the _Cyclopedia of American
Government_, Vol. II, p. 58.
89 Constitution of the United States, Art. III, Sec. 3, Cl. 1.
Treason is defined in this article of the Constitution and therefore
Congress cannot define it in any other manner. Many people use the
word “treason” very loosely. They often speak of a person committing
treason when the act committed is not treasonable at all, but is
some less severe crime. Treason consists only in levying war against
the United States or in giving aid or comfort to enemies of the
United States.
The meaning of “two witnesses to the same overt act” is that the
Constitution requires that two persons will appear in court and
swear to the fact that they personally saw the act committed. “Overt
act” means “openly committed act”. Chief Justice John Marshall knew
that in the trial of Aaron Burr it would be impossible to get two
persons to swear to having seen Burr commit the conspiracy, so he
took advantage of the technicality in the indictment and threw the
case out of court. This trial was held at Richmond, Virginia.
“Confession in open court” is about the only instance in which such
confession will convict a person charged with committing a crime. As
a rule a person’s own confession will not be accepted as evidence
against him, in criminal prosecutions, because few confessions are
made without some threat or inducement and under the guaranty (p.
99) that a person cannot be compelled to be a witness against
himself they are excluded.
90 Constitution of the United States, Art. III, Sec. 2, Cl. 3.
Public-domain text, read in full here on John Shaqi.
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