On Treason: A Citizen's Guide to the Law

by Carlton F.W. Larson

A concise, accessible, and engaging guide to the crime of treason, written by the nation’s foremost expert on the subject Treason—the only crime specifically defined in the United States Constitution—is routinely described by judges as more heinous than murder. Today, the term is regularly tossed around by politicians and pundits on both sides of the aisle. But, as accusations of treason flood the news cycle, it is not always clear what the crime truly is, or when it should be prosecuted.  Carlton F. W. Larson, a scholar of constitutional law and legal history, takes us on a journey to understand the many subtleties of the Constitution’s definition of treason. With examples ranging from the medieval English Parliament to the accusations against Edward Snowden and Donald Trump, Larson brings to life not only the most notorious accused traitors, such as Benedict Arnold, Aaron Burr, and World War II’s “Tokyo Rose,” but also lesser-known figures, such as Hipolito Salazar, the only person ever executed by the federal government for treason, and Walter Allen, a labor union leader convicted of treason against the state of West Virginia in the early 1920s.  Grounded in over two decades of research, On Treason is an indispensable guide for anyone who wants to understand the role of treason law in our constitutional democracy. With this brisk, clear look at the law’s history and meaning, Larson explains who is actually guilty and when—and readers won’t need a law degree to understand why.

Genres: History, Law, Nonfiction, Politics

304 pages, Hardcover

Published September 29, 2020

Reviews

[Louise · Rating 5 out of 5]

Carlton F.W. Larson, in clear language, tells what treason is and what it isn’t. Its narrow framing came as a surprise to me.

One is not likely to be prosecuted for treason right now because we are not at war, and the treasonous act has to be in support of an enemy. Also, it must involve an army and it must have two witnesses.

The book covers the fate of famous, presumably traitorous, figures that run from Benedict Arnold to Tokyo Rose and the Rosenbergs. He shows the difficulty of prosecuting a case based on the constitutional definition of committing treason.

Larson covers the legal issues faced by those who have criticized US policy from John Brown’s raid to the photo of Jane Fonda in Hanoi and to Edward Snowden’s disclosures. There are details on who is covered by law, (i.e. citizens, non-citizens, native Americans) and state laws concerning treason against the specific state.

There is a short test in the end which the reader should pass with the clue (this was written by a lawyer) that two answers are “probably not”.

If you want a handy guide (and reference book) on treason, this is the book for you.

[Elise Cousineau · Rating 4 out of 5]

Carlton FW Larson’s “On Treason” is an easily digestible thorough breakdown of American treason law, from its English origins to its modern applications. Larson uses current events as a launchpad for the book, as accusations and threats of treason abound these days. However, it is thoroughly and accessibly explained why present-day rhetoric surrounding treason does not comport with the legal definition or legal precedents of treason in America. Interspersed with the stories of treason prosecutions, this book never drones on or becomes boring. One of my favorite features was a section of ten hypotheticals posed at the end of the book, allowing readers to test their newly gained knowledge. Reading this book felt like being back in law school (without that annoying know-it-all kid piping up from the back row) and I really enjoyed learning more about a subject I had previously thought wasn’t this complicated.

[Reader · Rating 5 out of 5]

An engaging and interesting read. This book unpacks Article III Section 3 - The Treason clause. Fairly interesting cases includes Aaron Burr, Jane Fonda, Salazar etc. It is genuinely uplifting to see that all men is equal before the law- even a man as unpopular as Burr who was rightfully acquitted. At the same time, it was disheartening to have encountered the Tokyo Rose case, partly fuelled by a presidential candidate’s election ambitions.

Can a non-American citizen be convicted of treason? If I send confidential materials to China, can I be convicted of treason? Are the leaders of the Confederate States convicted of treason? This books provides historical context as well as more modern cases. I found the quiz fairly helpful to strengthening your understanding.

[Crystal · Rating 4 out of 5]

A clear and concise explanation of what constitutes the crime of treason. Larson explains each part of the definition of treason and provides many real life examples to enhance his explanations. This book was never boring or redundant, which was surprising. I enjoyed reading this and learning about our treason laws and cases.
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[Sequoia · Rating 5 out of 5]

A nice review of American treason law, and numerous cases related to it.

[Roger · Rating 3 out of 5]

Pedantic and uninspiring, it nonetheless does a good job of describing the state of US law regarding treason. More of a mid-level law school law review survey than a book for a broader public.

[Bill Morgan · Rating 4 out of 5]

Timely and worthwhile.