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Unpublished Paper
Treason as a State Crime, Thomas Wilson Dorr, Ex Parte Dorr
(2010)
  • Dean A Cantalupo, Brooklyn Law School
Abstract
2010 version: For Thomas Wilson Dorr, Treason was a State crime. It is understood by most people that Treason within the United States Constitution is a crime against the national authority, the United States, the Union. Notwithstanding that common understanding, Treason within the United States Constitution is also a State crime, and this is made clear by the plain language of the United States Constitution, as well as many cases of Treason against a State that may be found in the American case reporters. The fundamental textual authority within the Constitution that empowers the United States federal government with legitimate authority to address criminal behavior and activities against the federal authorities are found in the powers granted to Congress within the United States Constitution to punish. Herein, this paper shall provide historical cases, illuminate the definition of Treason, and highlight the Constitutional power to punish so as to demonstrate that Treason within the United States Constitution is also a crime against one’s State. The underlying principles behind the provisions granting the power to punish within the United States Constitution are found in the distribution and the separation of the enumerated powers granted. The Founders created a Constitution that provided separation of the power to punish from the national government to the greatest extent possible, and such punishment powers are Constitutionally designed to be as local, and as distant from the national government as possible. The Framers retained the sovereign status of each State within the judicial and structural framework of the U.S. Constitution, as shown here by Treason against one’s State as a State crime.
Keywords
  • Ex Parte Dorr,
  • Thomas Wilson Dorr,
  • Treason
Publication Date
May 26, 2010
Citation Information
Dean A Cantalupo. "Treason as a State Crime, Thomas Wilson Dorr, Ex Parte Dorr" (2010)
Available at: http://works.bepress.com/dean_cantalupo/3/