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Index/People/Chief Justice Marshall and the English Oak: A Comment

Chief Justice Marshall and the English Oak: A Comment

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Jan 15, 2026
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What are notable historical treason prosecutions in the United States and how did courts apply the overt-act requirement?

Treason prosecutions in the United States are rare and legally constrained by Article III’s requirement of an overt act plus either a confession or testimony of two witnesses to the same overt act, a ...

Feb 4, 2026

What precedents exist for enforcing congressional subpoenas against presidents or former presidents, and how did Steve Bannon’s contempt conviction influence enforcement strategy?

against presidents or former presidents rests on two tracks: criminal contempt referral to the and civil enforcement through the federal courts, with a rare and practically unused third option of "inh...

Nov 25, 2025

What are the grounds for treason under the US Constitution?

The U.S. Constitution narrowly defines treason as only “levying War” against the United States or “adhering to their Enemies, giving them Aid and Comfort,” and it imposes heightened evidentiary and pu...