? ?

The Case For Treason:

Rosenbergs and the American Constitution

Issue: Treason

T.I.P.S. ConLaw Project

Mr. Faubel

Walton High School

Bronx, NY

Introduction

The United States Constitution, our fundamental law of the land, defines only one crime for which a citizen can be accused, along with the procedures by which he or she can be tried and convicted. That crime is called “TREASON.”

For the dictionary definitions of treason:

CLICK BELOW

http://www.usconstitution.net/glossary.html

http://www.m-w.com/cgi-bin/dictionary?book=Dictionary&va=treason&x=15&y=19

We shall examine biographical and primary sources for two persons from American history who were accused of treason against the United States. During the 1950’s at the height of the Cold War with the Soviet Union, an American couple was arrested by the FBI and subsequently indicted by a federal Grand Jury for espionage and traitorous activities. As a result, the names of Julius Rosenberg (1918-1953) and his wife Ethel Rosenberg (1915-1953), became forever linked to the crime of treason in our nation’s historical memory. We will then look at the specific clauses of the United States Constitution which deal directly with the issue of treason, to see if their case fits the document’s definition of the crime.

Julius and Ethel Rosenberg During Their Federal Trial, 1951

Student Task

Students will be required to complete a Two Part assignment:

· After conducting an internet search and reading source documents for information about the Rosenberg trial and familiarizing yourselves with facts of the case, you will answer Summary Questions #1-#5.

· You will then compose a letter to the President of the United States, in which you will explain your position, either for or against, the prosecution of the Rosenbergs.

· Assignments will be completed on a Microsoft Word program, with printed copy submitted for grading and evaluation.

The Process

READ:

United States Constitution

Article III, Section 3.

Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted.

Article II, Section 4

The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.

ACCESS THE T.I.PS. WORKSHEETS LISTED IN THE

LINKS BELOW.

Complete the worksheets by using the Internet sources.

You will use these worksheets to complete the task

Facts of the Case

Issues of Case

Elements of Case

SEARCH:

Internet Sources

CLICK BELOW

www.maxwell.syr.edu/plegal/tips.html

Rosenberg Trial

http://www.fbi.gov/libref/historic/famcases/atom/atom.htm

http://www.law.umkc.edu/faculty/projects/ftrials/rosenb/ROSENB.HTM

http://www.law.umkc.edu/faculty/projects/ftrials/rosenb/ROS_ACCT.HTM

http://www.studyworld.com/Rosenberg_Espionage_Case.htm

http://www.angelfire.com/ny5/redscare/rosen2.html

US Constitution: Treason

http://www.constitution.org/cmt/jwh/jwh_treason.htm

http://www.lectlaw.com/def2/t103.htm

http://supreme.lp.findlaw.com/constitution/article03/24.html

http://caselaw.lp.findlaw.com/data/constitution/article03/24.html

WRITE:

Part 1

_________________________________ Start Your Answers Here_______________________________

#1: Who were the Rosenburgs? Write a brief description of their lives.

#2: What crimes against the United States were they accused of committing?

How were they arrested? What were the charges? Explain.

#3: Describe the Rosenberg trial. What was the evidence used against them?

What arguments were made in their defense?

#4: What was the result of the Rosenberg trial? Were they treated justly?

Or, were their constitutional rights violated?

#5: Did the Rosenberg case fit the US Constitution’s definition of “treason”?

Why? Why not? Explain.

WRITE:

Part 2

You are an American citizen who has read about the Rosenberg case in the newspapers and heard the news commentary about the trial on the radio. You decide to write a letter to the President Truman to express your opinion about the fate of the Rosenbergs. Remember, the President of the United States has the constitutional power to pardon people who are convicted of crimes, or to commute [change] their sentences.

Some questions you may want to ask yourself as you are writing this letter may include:

• Do you believe that Julius and Ethel Rosenberg were innocent or guilty as charged by the government?
• Did they receive a fair and impartial trial?
• Did their actions really threaten the national security of the United States?
• Does the crime for which they are charged correspond with the Constitution’s definition of “treason”?
• Should the Rosenbergs be put to death for their crimes? Yes? No? Explain why?

Part 2

_________________________________ Start Your Letter Here_________________________________

January 1, 1953

Honorable Harry S. Truman

President of the United States

The White House

1600 Pennsylvania Avenue

Washington, D.C.

Dear Mr. President,

***

Evaluation & Standards

Students must complete T.I.P.S Work Sheet, Parts 1 + 2 of the assignment. All work is to be produced on this MicroSoft Word program, with a hard paper copy printed for submission. The entire project will be grade on a scale of 1-5.

This interdisciplinary project is created according to the following NYC/NY State Learning Standards:

Social Studies

Standard 1:   History of the United States and New York

Students will use a variety of intellectual skills to demonstrate their understanding of major ideas, eras, themes, developments, and turning points in the history of the United States and New York.

Standard 5:   Civics, Citizenship, and Government

Students will use a variety of intellectual skills to demonstrate their understanding of the necessity for establishing governments; the governmental system of the United States and other nations; the United States Constitution; the basic civic values of American constitutional democracy; and the roles, rights, and responsibilities of citizenship, including avenues of participation

English Language Arts

Standard 1:   Language for Information and Understanding

Students will listen, speak, read, and write for information and understanding. As listeners and readers, students will collect data, facts, and ideas; discover relationships, concepts, and generalizations; and use knowledge generated from oral, written, and electronically produced texts. As speakers and writers, they will use oral and written language that follows the accepted conventions of the English language to acquire, interpret, apply, and transmit information.

Standard 3:   Language for Critical Analysis and Evaluation

Students will listen, speak, read, and write for critical analysis and evaluation. As listeners and readers, students will analyze experiences, ideas, information, and issues presented by others using a variety of established criteria. As speakers and writers, they will use oral and written language that follows the accepted conventions of the English language to present, from a variety of perspectives, their opinions and judgments on experiences, ideas, information and issues.