How does the Constitution define treason?
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Narrowly, and on purpose. Article III, Section 3 limits treason to levying war against the United States or adhering to its enemies, giving them aid and comfort. A peaceful vote on Texas independence is neither.
The Framers wrote the definition to stop its misuse
The Framers had watched tyrants use “treason” as a catch-all charge against anyone who crossed them, so they fenced the crime in. Article III, Section 3 says treason “shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort.” That word “only” is doing deliberate work. James Madison explained in Federalist 43 that a tight constitutional definition was the barrier against “new tangled and artificial treasons” used by factions to wreck their rivals.
A ballot is not “levying war”
A peaceful, lawful referendum, initiated by legislation and decided by the people, involves no force and no violence. There is no army, no insurrection, no attack. There is a question on a ballot and Texans answering it.
There is no enemy here to adhere to
The other half of the definition is adhering to “their enemies,” giving them “aid and comfort.” In constitutional terms an enemy is a nation or force the United States is at war with. Voting for Texas independence aids no hostile foreign power, because none is involved. Texans deciding their own future are giving aid and comfort to no one’s enemy.
Treason is an individual crime
Treason is something an individual can commit. A state cannot commit it, and neither can an electorate. Millions of Texans marking a ballot are taking part in an election, which is the opposite of the crime the Constitution describes.
The peaceful, lawful path is the whole approach
The approach is built around law and consent. A federal statute bars advocating the overthrow of government by “force or violence,” and Texas independence, initiated by a legal process and ratified by a vote of the people, is neither. A free people using the tools of self-government as they are meant to be used is what the Constitution protects.
The bottom line
Treason has a narrow, written definition, and a peaceful vote for Texas independence meets no part of it.
Sources & further reading
Go deeper
More in Myths & Objections
- Did Texas reserve the right to secede when it joined the United States?
- Who is Texas independence for?
- Didn’t Justice Scalia say there is no right to secede?
- Why stay in Texas and work for independence?
- Why does the case for independence hold under any president?
- Where does support for Texas independence come from?
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Every week, Daniel Miller picks the two or three stories that actually moved Texas independence, tells you what they mean, and names one thing you can do about it. Short enough to finish in one sitting. No press releases, no filler. Add your name.
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