Overthink Treason
Jan 6, 2026
Is treason always a crime, or can it be morally justified? Explore the origins of treason laws and how cases like Benedict Arnold and John Brown challenge conventional views. Discover the definitions of high versus petty treason and why convictions are rare in U.S. history. Delve into philosophical discussions about belonging, citizenship, and whether whistleblowers like Edward Snowden embody treasonous acts. The hosts navigate the complicated interplay of ethics, law, and politics surrounding treason and insurrection.
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Treason As Crime Against The Sovereign
- Medieval treason targeted the sovereign and was often undefined, letting rulers weaponize the charge to maintain power.
- Neil Cartlidge notes treason was treated as a crime against law itself, justifying merciless punishment.
Law Narrowed Treason Over Centuries
- The 1351 Treason Act defined levying war or aiding enemies as treason and included imaginative and bloodline offenses.
- The U.S. Constitution narrowed treason to "only" levying war or adhering to enemies, removing thought and bloodline crimes.
Aaron Burr's Failed Conspiracy
- Aaron Burr plotted a separate country west of the Mississippi and faced treason charges but was not convicted.
- The Supreme Court required concrete acts of hostility, so Burr's planning alone failed to meet the constitutional standard.
