Gale Encyclopedia Of American Law 3Rd Edition Volume 10 P11 pdf

performance of motor vehicles and related equipment and the safety of motor vehicle drivers, occupants, and pedestrians. It conducts general motor vehicle programs aimed at reducing the damage that motor vehicles sustain as a result of crashes. It also administers the federal odometer law, issues theft prevention standards, and declares average fuel economy standards for passenger and non-passenger motor vehicles. Under NHTSA, Federal Motor Vehicle Safety Standards are issued that prescribe safety features and levels of safety-related performance for vehicles and motor vehicle equipment. Damage susceptibility, crashworthiness, and theft prevention are studied and reported to Congress and the public. The Energy Policy and Conservation Act, as amended (42 U.S.C.A. § 6201), sets automotive fuel economy standards for passenger cars for model years 1985 and thereafter. NHTSA has the option of altering the standards for the post- 1985 period. NHTSA develops and promulgates mandatory fuel economy standards for light trucks for each model year and administers the fuel economy regulatory program. Rules for collecting and reporting information concern- ing manufacturers’ ability to meet fuel economy standards are established by NHTSA. This information is used to evaluate technologi cal alternatives and manufacture rs’ economic abil- ity to meet fuel economy standards. NHTSA maintains a national register of information on individua ls who have had their licenses to operate a motor vehicle revoked, suspended, canceled, or denied, or who have been convicted of certain traffic-related viola- tions, such as driving while impaired by alcohol or other drugs. The information obtained from the register assists state licensing officials in determining whether to issue a driver’s license. The Highway Safety Act provides federa l matching funds to states and local communi- ties to assist them with their highway safety programs. Areas of primary emphasis include impaired driving, occupant protection, motor- cycle safety, police traffic services, pedestrian and bicycle safety, emergency medical services, speed control, and traffic records. NHTSA provides guidance and technical assistance in all of these areas. The Highway Safety Act also provides incentive funds for encouraging states to implement effective impaired-driving programs and to encourage the use of safety belts and motorcycle helmets. Federal Transit Administration The Federal Transit Administration (FTA) was established as a component of the DOT in 1968. FTA works with public and private mass transportation companies to develop improved mass transportation facilities, equipment, tech- niques, and methods. It encourages the planning and establishment of area-wide urban mass transportation systems, helps state and local governments finance such systems, and provides financial assistance to state and local govern- ments to increase mobility for older, disabled, and economically disadvantaged persons. The American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, 123 Stat. 115 allocated $8.4 billion for capital improvements to U.S. transit systems. The statute established program and grant application requirements, which are implemented by the FTA. Maritime Administration The Maritime Administration (MARAD) was transferred to the DOT in 1981. MARAD conducts programs to aid in the development, promotion, and operation of the U.S. merchant marine. It is charged with organizing and directing emergency merchant ship operations. The U.S. Merchant Marine Academy in Kings Point, New York, is operated by MARAD. The academy trains individuals to become merchant marine officers, and conducts train- ing in shipboard firefighting in Earle, New Jersey, and Toledo, Ohio. MARAD provides a federal assistance program for the maritime academies operated by California, Maine, Mas- sachusetts, Michigan, New York, and Texas. Through the Maritime Subsidy Board, MARAD handles subsidy programs under which the federal government, subject to statutory limitations, pays the difference between certain costs of o perating ships u nder the U.S. flag and foreign competitive flags. The government also subsidizes the difference between the costs of constructing ships in U.S. and foreign shipyards. MARAD provides financing guarantees for the construction, reconstruction, and reconditioning of ships and enters into capital construction fund agreements that grant tax deferrals on money to be used for the acquisition, construction, or reconstruction of ships. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 88 TRANSPORTATION DEPARTMENT MARAD constructs or supervises the con- struction of merchant-type ships for the federal government. It helps industry generate increased business for U.S. ships and conducts programs to promote domestic shipping and to develop ports, facilities, and intermodal transport. Under emergency conditions MARAD char- ters government-owned ships to U.S. operators, requisitions or procures ships owned by U.S. citizens, and allocates them to meet defense needs. It maintains a National Defense Reserve Fleet of government-owned ships that it oper- ates through ship managers and general agents when required for the nation al defense. An element of this activity is the Ready Reserve Force, consisting of a number of ships that can be activated for quick response. MARAD regulates sales to ALIENS and transfers to foreign registry of ships that are fully or partially owned by U.S. citizens . It also disposes of government-owned ships found nonessential for national defense. St. Lawrence Seaway Development Corporation The St. Lawrence Seaway Development Corpo- ration was established by Congress in 1954 (33 U.S.C.A. §§ 981–990) as an operating adminis- tration of the DOT. The corporation, a wholly government-owned enterprise, is responsible for the development, operation, and mainte- nance of the part of the St. Lawrence Seaway between the port of Montreal and Lake Erie and within the territorial limits of the United States. The function of the Seaway Corporation is to provide a safe, efficient, and effective water artery for maritime commerce, both in peace- time and in time of national emergency. The corporation coordinates its activit ies with its Canadian counterpart, particularly with respect to overall operations, traffic control, navigation aids, safety, navigation dates, and related programs designed to fully develop the seaway system. The corporation encourages the development of traffic through the Great Lakes/St. Lawrence Seaway system in order to contribute to the economic and environmental development of the entire region. Research and Special Programs Administration The Research and Special Programs Adminis- tration was established in 1977. It is responsible for hazardous materials transportation and pipeline safety, transportation emergency pre- paredness, safety training, and transportation research and development activities. Surface Transportation Board When Congress eliminated the INTERSTATE COMMERCE COMMISSION (ICC) in 1995 (through Pub. L. No. 104-88, 109 Stat. 803), the Surface Transportation Board (STB) became the ICC’s successor. Congress established the STB as an economic regulatory agency charged with resolving railroad rate and service disputes, as well as reviewing proposed railroad mergers. Pipeline and Hazardous Materials Safety Administration Congress created the Pipeline and Hazardous Materials Safety Administration (PHMSA) with the enactment of the Norman Y. Mineta Research and Special Programs Improvement Act, Pub. L. No. 108-426, 118 Stat. 2423 (2004). PHMSA focuses on protection of people and the environment from risks associated with the transportation of hazardous materials by way of pipeline or other transportation modes. Goals of PHMSA include public safety, environmental stewardship, reliability, global connectivity, and preparedness and response. Former Divisions The SEPTEMBER 11TH ATTACKS in 2001 had a significant impact on the DOT. In November 2001 Congress passed legislation that created within the DOT the Transportation Security Administration (TSA), an agency established to increase air port security. The following November the Homeland Security Act was passed, which authorized the establishment of the HOMELAND SECURITY DEPARTMENT. On March 1, 2003, the new department assumed manage- ment of the Unite d States Coast Guard and the TSA, both of which had been operating administrations of the DOT. Although no longer in charge of overseeing the protection of airline passengers, the DOT remained responsible for the safety of Amer- icans traveling on the nation’s highways. To that end FHWA made efforts in early 2003 to collaborate with other DOT components, fede- ral agencies, state and local officials, business associations and the private sector to develop a plan for “emergency transportation operations preparedness.” The purpose of the plan is to engage in regional and local cooperation and GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION TRANSPORTATION DEPARTMENT 89 planning to facilitate the safe, continuous movement of people and goods during a national security event or emergency. FURTHER READINGS Cobb, Roger W., and David M. Primo. 2003. The Plane Truth: Airline Crashes, the Media, and Transportation Policy. Washington, DC: Brookings Institution. Sweet, Kathleen M. 2002. Terrorism and Airport Security. Lewiston, NY: Edwin Mellen. U.S. Department of Transportation. Available online at http://www.dot.gov (accessed June 10, 2009). CROSS REFERENCES Airlines; Automobiles; Railroad. v TRASK, MILILANI B. Mililani B. Trask, a native Hawaiian attorney, is the leader of a Hawaiian sovereignty movement that seeks the establishment of a separate nation for native Hawaiians and the return of the state- managed lands to which native Hawaiians are legally entitled. Trask was born into a politically active family. Her grandfather, David Trask Sr., was a territorial senator, and her uncle, David Trask Jr., became a prominent labor leader who organized a powerf ul union for state govern- ment employees. Trask graduated from the Kamehameha Schools, an educational institu- tion set up by Princess Bernice Pauahi Bishop, of Hawaii, for native Hawaiian children. She attended Johnston College, University of Red - lands, in California, but left school before graduating to work with labor organizer César Chávez’s fieldworkers and the Black Panther Childcare Project. Trask received a bachelor of arts degree in political science from San Jose State University in 1974, and graduated from the University of Santa Clara School of Law in 1978, at the age of 27. Trask returned to Hawaii and joined the growing native struggle over land control and development. She began community organizing on sovereignty issues, setting up conferences and workshops and doing extensive legal research into native land claims. In 1987 Trask and other s founded the group Ka Lahui Hawai’i (the Hawaiian People). Ka Lahui is a self-proclaimed sovereign Hawaiian nation with over ten thousand members; a democratic constitution with a BILL OF RIGHTS; Mililani B. Trask. AP IMAGES Mililani B. Trask 1951– ▼▼ ▼▼ 2000 1975 1950 ❖ 1950–53 Korean War 1961–73 Vietnam War 1951 Born, Hawaii ◆ ◆ ◆ ◆ ◆ ◆ ◆ ◆ ◆ ◆ ◆ 1959 Hawaii admitted as 50th state in the Union 1969 Graduated from the Kamehameha Schools 1970 President Nixon announced national policy of self-determination for Native American tribes; native Hawaiians were not included 1978 Graduated from University of Santa Clara School of Law 1987 Helped lead Ka Lahui Hawai'i's first Constitutional Convention 1992 Ka Lahui Hawai'i's third Constitutional Convention approved further amendments 1989 Second Ka Lahui Hawai'i Constitutional Convention convened to vote on amendments 2002 Attended inaugural meeting of the Indigenous Issues forum in New York; advocated health relief for indigenous peoples 1996 Addressed Feminist Family Values Forum in Austin, Texas 2000 Advocated forgiving international debt of developing countries; nominated as expert to Indigenous Issues forum 2000 U.S. Supreme Court overturned Hawaiian-only elections of trustees for Office of Hawaiian Affairs, Rice v. Cayetano ALL THE TALK NOW IS ABOUT MODELS OF SOVEREIGNTY .A MODEL IS JUST A PROTOTYPE .IT’S NOT REAL .WE’RE NOT A MODEL .AMODEL DOESN ’T HAVE 25,000 PEOPLE. —MILILANI B. TRASK GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 90 TRASK, MILILANI B. and four branches of government, including an elected legislature (the Pakaukau), representing 33 districts, and a judiciary system made up of elected judges and an elders council. Voting is restricted to native Hawaiians. Trask has twice been elected kia’aina of the group, the equiva- lent of governor or prime minister. Trask hopes the nation will eventually be rooted in the nearly 200,000 acres of Hawaiian homelands and the 1.4 million acres of original Hawaiian lands ceded to the state by the federal government. In Ka Lahui Hawai’i, according to Trask, native Hawaiians would have a relation- ship similar to that existing between the United States and federally recognized Native American tribes and native Alaskans. The tribes, whose members have dual status as citizens of the United States and as “citizens” of the tribe, can impose taxes, make laws, and control their lands. Trask is also one of the founders of the Indigenous Women’s Network, a coalition of Native American women advocating for issues, including improved housing, health care, HUMAN RIGHTS , and community-based economic devel- opment. From 1998 to 2000 Trask served as trustee at large to the Office of Hawaiian Affairs (OHA). In 2000 she resigned her membership in Ka Lahui Hawai’i but has remained active in public affairs. Since 2002 Trask has served as a UNITED NATIONS diplomat representing the Pacific region before the Permanent Forum on Indigenous Issues. Trask has also worked with the WORLD BANK and its global-regional affiliates, partici- pating in the drafting of the current World Bank policy on indigenous peoples. She has also served as the director of the Gibson Foundation, a non-profit corporation that provi des housing assistance to Hawaiians statewide. In the early 2000s, Trask joined the team at Innovations Development Group (IDG), a planning and project-development company that builds col- laborative projects across Hawaii and the Asia- Pacific region. In her role at IDG, Trask seeks to maximize business and employment opportu- nities for indigenous peoples. FURTHER READINGS Coffman, Tom. 2003. The Island Edge of America: A Political History of Hawai’i. Honolulu: Univ. of Hawaii Press. Tsai, Michael. 2006. “Mililani B. Trask.”Honolulu Advertiser (July 2). Trask, Mililani B. 1991. “Historical and Contemporary Hawaiian Self-Determination: A Native Hawaiian Perspective.” Arizona Journal of International and Comparative Law 8 (fall). Zehr, Mary Ann. 1993. “Look Deeper into Indian Country.” Foundation News 34 (September-October). CROSS REFERENCE Native American Rights. TRAVERSE In COMMON-LAW PLEADING, a denial of the plaintiff’s assertions. For example, a plaintiff could bring a lawsuit in order to collect money that he claimed the defendant owed him. If the defendant answered the plaintiff’s claim by stating in answer that she did not fail to pay the money owed on the date it was due, this is a denial of a fact essential to the plaintiff’s case. The defen dant can be said to traverse the plaintiff’s declaration of an outstanding debt, and her plea itself could be called a traverse. The system of common-law PLEADING has been replaced throughout the United States by CODE PLEADING and by rules patterned on the system of pleading in Federal CIVIL PROCEDURE, but lawyers still use the word traverse for a denial. In some instances, it has taken on specialized meanings for different purposes. For example, in criminal practice, a traverse is a denial of the charges in an indictment that usually has the effect of delaying a trial on the indictment until a later term of the court. A traverse jury is one that hears the claims of the plaintiff and denials of the defendant—a trial jury or petit jury. A traverse hearing may be a pretrial hearing to determine whether the court has authority to hear the case—as when the defendant denies having been properly served with the plaintiff’s summons and complaint. v TRAYNOR, ROGER JOHN Among the most influential and highly esteemed jurists of the twentieth century, ROGER J . TRAYNOR was a professor, author, and justice of the California Supreme Court from 1940 to 1970. During Traynor’s six years as chief justice, that court was regarded as the preeminent state court in the nation. Readily open to reform and to novel legal ideas, Traynor made long-lasting contributions to various areas of the law including taxes, NEGLIGENCE, and FOURTH AMEND- MENT JURISPRUDENCE . In addi tion to hundreds of UNABLE LIKE SOLOMON TO CARVE THE CHILD , [A COURT] MAY CARVE OUT OF THE SUM OF CUSTODIAL RIGHTS , CERTAIN RIGHTS TO BE EXERCISED BY EACH PARENT . —ROGER JOHN TRAYNOR GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION TRAYNOR, ROGER JOHN 91 judicial opinions, Traynor also wrote prodi- giously as a legal scholar and contributed to a number of legal reform efforts. Born in Park City, Utah, on February 12, 1900, Traynor was the son of a miner and his wife who came to the U.S. from Ireland. In 1919, under the guideance and advice of a high school teacher, he entered the University of California, Berkeley. He proceeded to earn a B.A. in 1923, an M.A. in 1924, and a Ph.D. in 1926; all of which were in political science. While in school, he edited the California LAW REVIEW . In 1928 he joined the law school staff. On August 23, 1933, Traynor married Made- leine Emilie Lackman, a woman who held an M.A. in political science from UC Berkeley and would go on to earn a J.D. in 1956. They had three sons. For several years, Traynor served as a consultant to various state and national agen- cies, including the U.S. TREASURY DEPARTMENT.In California his advisory work led to major reforms of sales and use taxes (1933 Cal. Stat. 2599 and 1935 Cal. Stat. 1297), personal income taxes (1943 Cal. Stat. 2354), and bank and corporation franchise taxes (1929 Cal. Stat. 19). In 1940 Governor Culbert Olson appointed Traynor to the California Supreme Court, making him the first law school professor to be appointed directly to the court. Although he had little experience in private practice, Traynor had earned renown as one of the nation’s leading tax scholars. Over the next three decades, he wrote more than 950 opinions and continued his scholarly work, writing more than 75 law review articles on a wide variety of topics. Traynor had a reformist philosophy, view- ing the law as a fluid, changing force that was necessarily responsive to the needs of society. He believed that a judge can and should change the law. Among his most influential opinions was his concurrence in Escola v. Coca Cola Bottling Co., 24 Cal. 2d 453, 150 P.2d 436 (1944), which would dramatically change PROD- UCT LIABILITY LAW . Traynor’s idea that consumers should be entitled to sue the manufacturers of defective products was novel at the time. Yet, two decades later, the idea was embraced by the full California Supreme Court (Greenman v. Yuba Power Products, Inc., 59 Cal. 2d 57, 27 Cal. Rptr. 697, 377 P.2d 897 [1963]) and soon became the LAW OF THE LAND. Traynor’s jurisprudence amounted to a historic reform of long-standing common- law doctrines, and his ideas influenced courts nationwide. His precedent-setting opinions included People v. Cahan, 44 Cal. 2d 434, 282 P.2d 905 (1955), which restricted the admissibility of illegally secured evidence, and Muskopf v. Corning Hospital District, 55 Cal. 2d 211, 359 P.2d 457, 11 Cal. Rptr. 89 (1961), which eliminated the defense of sovereign immunity—the doctrine that precludes bring- ing suit against the government without its consent—in TORT cases. In 1964 Governor Edmund G. Brown Sr. elevated Traynor to the position of chief justice. Over the next six years, the California Supreme Court became the most prestigious state court in the nation. Among the innovations Traynor introduced was the use of law revie w citations in the court’s opinions, thus ensuring that legal scholarship would inform legal opinion. Upon his retirement from the court at the age of 70, he was praised for his work in transforming and modernizing the COMMON LAW. His accomplish- ments were compared to the reform efforts of ▼▼ ▼▼ Roger John Traynor 1900–1983 19001900 19501950 19751975 20002000 19251925 ❖ 1900 Born, Park City, Utah 1914–18 World War I ◆ 1923 Earned B.A. from University of California 1928–40 Served as law professor at Univ. of Calif. ◆ 1939–45 World War II 1950–53 Korean War 1961–73 Vietnam War 1964–70 Served as chief justice of the Calif. Supreme Court 1940 Appointed to Calif. Supreme Court ◆ 1972 Code of Judicial Conduct adopted by American Bar Association ❖ 1983 Died, San Francisco, Calif. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 92 TRAYNOR, ROGER JOHN BENJAMIN CARDOZO, the legendary New York appellate justice. After his retirement from the court, Traynor chaired the American Bar Association’s Special Committee on Standards of Judicial Conduct, which produced, in 1972, modern standards for the governance of judges. Traynor taught at Hastings College of the Law, the University of Virginia, University of Utah, and as a visiting professor at Cambridge University in England. He also served as chair of the National Press Council. Traynor died in San Francisco, California, on May 13, 1983. His obituary in the New York Times noted that “Traynor was often called one of the greatest judicial talents never to sit on the United States Supreme Court.” During his long and distinguished career, Traynor authored a 1952 opinion in De Burgh v. De Burgh that abolished the recrimination defense in DIVORCE cases. FURTHER READINGS Field, Ben. 2003. Activism in Pursuit of the Public Interest: The Jurisprudence of Chief Justice Roger J. Traynor. Berkeley: Berkeley Public Policy Press (for the California Supreme Court Historical Society). Kragen, Adrian A. 1983. “A Legacy of Accomplishment.” California Law Review 71 (July). Ledbetter, Les. 1983. “Roger Traynor, California Justice.” New York Times Biographical Service. Vol. 14, no.1. McCall, James R. 1984. “In Memoriam: Roger J. Traynor.” Hastings Law Journal 35 (May). White, G. Edward. 1983. “Tribute: Roger Traynor.” Virginia Law Review 69 (November). CROSS REFERENCES Fourth Amendment; Negligence; Product Liability; Sover- eign Immunity. TREASON Treason is the betrayal of one’s own country by waging war against it or by consciously or purposely acting to aid its enemies. The treason clause traces its roots back to an English statute enacted during the reign of Edward III (1327–1377). This statute prohibited levying war against the king, adhering to his enemies, or contemplating his death. Although this law defined treason to include disloyal and subversive thoughts, it effectively circumscribed the crime as it existed under the COMMON LAW. During the fourteenth century, the crime of treason encompassed virtually every act con- trary to the king’s will and became a political tool of the Crown. Building on the tradition begun by Edward III, the Founding Fathers carefully delineated the crime of treason in Article III of the U.S. Constitution, narrowly defining its elements and setting forth stringent evidentiary requirements. Under Article III, Section 3, of the Consti- tution, any person who levies war against the United States or adheres to its enemies by giving them AID AND COMFORT has committed treason within the meaning of the Constitution. The term aid and comfort refers to any act that manifests a betrayal of allegiance to the United States, such as furnishing enemies with arms, troops, transportation, shelter, or classified information. If a subversive act has any tendency to weaken the power of the United States to attack or resist its enemies, aid and comfort has been given. The treason clause applies only to disloyal acts committed during times of war. For instance, an American woman named Iva Ikuko Toguri D’Aquino, also known as “Toyko Rose,” was charged with treason following WORLD WAR II for her acts of communicating Japanese propa- ganda. She was convicted on one count and was sentenced to prison. She was later pardoned by President GERALD R. FORD. Another American, poet Ezra Pound, was indicted for treason by the United States for Pound’s anti-American statements made in Italy during the war. The United States indicted Pound following the war, but a special jury found that he was incompe- tent to stand trial, and he was never tried. Acts of disloyalty during peacetime are not considered treasonous under the Constitution. Nor do acts of ESPIONAGE committed on behalf of an ally constitute treason. For example, JULIUS AND ETHEL ROSENBERG were convicted of espio- nage, in 1951, for helping the Soviet Union steal atomic secrets from the United State s during World War II. The Rosenbergs were not tried for treason because the United States and the Soviet Union were allies during World War II. Under Article III a person can levy war against the United States without the use of arms, weapons, or military equipment. Persons who play only a peripheral role in a conspiracy to levy war are still considered traitors under the Constitution if an armed rebellion against the United States results. After the U.S. CIVIL WAR, for example, all Confederate soldiers were vulnera- ble to charges of treason, regardless of their role GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION TREASON 93 in the secession or insurrection of the Southern states. No treason charges were filed against these soldiers, however, because President ANDREW JOHNSON issued a universal AMNESTY . The crime of treason requires a traitorous intent. If a person unwittingly or unintention- ally gives aid and comfort to an enemy of the United States during wartime, treason has not occurred. Similarly, a person who pursues a course of action that is intended to benefit the United States but mistakenly helps an enemy is not guilty of treason. Inadvertent disloyalty is never punishable as treason, no matter how much damage the United States suffers. As in any other criminal trial in the United States, a DEFENDANT charged with treason is presumed innocent until proven guilty BEYOND A REASONABLE DOUBT . Treason may be proved by a voluntary confession in OPEN COURT or by evidence that the defendant committed an OVERT ACT of treason. Each overt act must be witnessed by at least two people, or a conviction for treason will not stand. By requiring this type of DIRECT EVIDENCE, the Constitution minimizes the danger of convicting an innocent person and forestalls the possibility of partisan witch hunts waged by a single advers ary. Unexpressed seditious thoughts do not constitute treason, even if those thoughts contemplate a bloody revolution or coup. Nor does the public expression of subversive opi- nions, including vehement criticism of the government and its policies, constitute treason. The FIRST AMENDMENT to the U.S. Constitution guarantees the right of all Americans to advocate the violent overthrow of their govern- ment unless such advocacy is directed toward inciting imminent lawless action and is likely to produce it (Brandenburg v. Ohio, 395 U.S. 444, 89 S. Ct. 1827, 23 L. Ed. 2d 430 [1969]). By contrast, the U.S. SUPREME COURT ruled that the distribution of leaflets protesting the draft during WORLD WAR I was not constitutionally protected speech ( SCHENCK V. UNITED STATES, 249 U.S. 47, 39 S. Ct. 247, 63 L. Ed. 470 [1919]). Because treason involves the betrayal of allegiance to the United States, a person need not be a U.S. citizen to commit treason under the Constitution. Persons who owe temporary allegiance to the United States can commit treason. ALIENS who are domiciliaries of the United States, for example, can commit traitor- ous acts during the period of their domicile. Moreover, a subversive act does not need to occur on U.S. soil to be punishable as treason. For example, Mildred Gillars, a U.S. citizen who became known as Axis Sally, was convicted of treason for broadcasting demoralizing propa- ganda to Allied forces in Europe from a Nazi radio station in Germany during World War II. Treason is punishable by death. If a death sentence is not imposed, defendants face a minimum penalty of five years in prison and a $10,000 fine (18 U.S.C.A. § 2381). A person who is convicted of treason may not hold federal office at any time thereafter. The English common law required defen- dants to forfeit all of their property, real and personal, upon conviction for treason. In some cases, the British Crown confiscated the prop- erty of immediate family members as well. The common law also precluded convicted traitors from bequeathing their property through a will. Relatives were presumed to be tainted by the blood of the traitor and were not per mitted to inherit from him. Article III of the U.S. Constitution outlaws such “corruption of the blood” and limits the penalty of FORFEITURE to “the life of the person attainted.” Under this provision relatives cannot be made to forfeit their property or inheritance for crimes com- mitted by traitorous family members. FURTHER READINGS Carlton, Eric. 1998. Treason: Meanings and Motives. Brookfield, Vt.: Ashgate. Holzer, Henry Mark. 2002. “Why Not Call It Treason? From Korea to Afghanistan.” Southern University Law Review 29 (spring). Kmiec, Douglas W. 2002. “Try Lindh for Treason.” National Review (January 21). Larson, Carlton F. W. 2006. “The Forgotten Constitutional Law of Treason and the Enemy Combatant Problem.” Southern University of Pennsylvania Law Review (April). Spectar, J. M. 2003. “To Ban or Not to Ban an American Taliban? Revocation of Citizenship and Statelessness in a Statecentric System.” California Western Law Review 39 (spring). CROSS REFERENCES Aid and Comfort; Brown, John; Burr, Aaron; Fries’s Rebellion; Overt Act; Whiskey Rebellion. TREASURY DEPARTMENT The U.S. Department of the Treasury performs four basic functions: formulating and recom- mending economic, financial, tax, and fiscal policies; serving as financial agent for the U.S. government; enforcing the law; and GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 94 TREASURY DEPARTMENT Assistant Secretary (International Affairs) Deputy Assistant Secretary (Technical Assistance Policy) Deputy Assistant Secretary (Public Affairs) Deputy Assistant Secretary (Macroeconomic Analysis) Deputy Assistant Secretary (Fiscal Operations and Policy) Deputy Assistant Secretary (Financial Institutions Policy) Deputy Assistant Secretary (Government Financial Policy) Deputy Assistant Secretary (Tax Policy) Deputy Assistant Secretary (Management and Budget) Deputy Assistant Secretary (Operations) Deputy Assistant Secretary and Chief Human Capital Officer Director, Office of DC Pensions Deputy Chief Financial Officer Chief Information Officer Deputy Assistant (Workforce Management) Director Intelligence and Security Operations Deputy Assistant Secretary (International Monetary and Financial Policy) Assistant Secretary (Legislative Affairs) Assistant Secretary Management and Chief Financial Officer 1 Assistant Secretary (Financial Markets) Assistant Secretary (Tax Policy) Assistant Secretary (Public Affairs) Assistant Secretary (Financial Institutions) Assistant Secretary (Economic Policy) General Counsel Fiscal Assistant Secretary Department of the Treasury Secretary Deputy Secretary Chief of Staff 1 Assistant Secretary (Management) and Chief Financial Officer is Treasury's Chief Operating Officer. Treasury Bureaus Counselor Deputy Chief of Staff Under Secretary for International Affairs Under Secretary for Domestic Finance Internal Revenue Service Office of the Comptroller of the Currency Office of Thrift Supervision United States Mint Bureau of Engraving and Printing Office of Inspector General Inspector General Tax Administration Financial Management Service Bureau of the Public Debt Financial Crimes Enforcement Network Deputy Assistant Secretary (Tax and Budget) Deputy Assistant Secretary (International) Deputy Assistant Secretary (Appropriations and Management) Deputy Assistant Secretary (Banking and Finance) Deputy General Counsel Legal Division Deputy Assistant Secretary (Public Liaison) Deputy Assistant Secretary (Financial Education) Director, Community Development Financial Institutions Fund Deputy Assistant Secretary (Regulatory Affairs) Deputy Assistant Secretary (Tax Analysis) Deputy Assistant Secretary (Regulatory Tariffs and International Enforcement) Deputy Assistant Secretary (Federal Finance) Deputy Assistant Secretary (Terrorism Financing and Financial Crime) Director, Office of Foreign Assets Control Deputy Assistant Secretary (Accounting Policy) Deputy Assistant Secretary (Critical Infrastructure Protection and Compliance Policy) Deputy Assistant Secretary (Policy Coordination) Deputy Assistant Secretary (Trade and Investment Policy) Deputy Assistant Secretary (Africa, the Middle East and South Asia) Deputy Assistant Secretary (Debt and Development Policy) Deputy Assistant Secretary (International Development, Debt and Environmental Policy) Deputy Assistant Secretary (Eurasia) Treasurer of the United States Alcohol Tax and Trade Administration Bureau ILLUSTRATION BY GGS CREATIVE RESOURCES. REPRODUCED BY PERMISSION OF GALE, A PART OF CENGAGE LEARNING. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION TREASURY DEPARTMENT 95 manufacturing coins and currency. The Trea- sury Department was created by an act of September 2, 1789 (31 U.S.C.A. § 301). Many subsequent acts have affected the development of the department and created its numerous bureaus and divisions. On March 1, 2003, the newly-created HOMELAND SECURITY DEPARTMENT took control of several treasury divisions: the U.S. Customs Service, the SECRET SERVICE, and the Federal Law Enforcement Training Center. At the same time, the BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES (AFTE) was transferred from Treasury to the DEPARTMENT OF JUSTICE . Secretary of the Treasury As a major policy adviser to the president, the secretary of the treasury has primary responsi- bility for formulating and recommending do- mestic and international financial, economic, and tax policy, participating in the formulation of broad fiscal policies that have general significance for the economy, and managing the public debt. The secretary also oversees the activities of the department in carrying out its major law enforcement responsibility, serving as the financial agent for the U.S. government, and manufacturing coins, currency, and other products for customer agencies. In addition, the secretary has many respon- sibilities as chief financial officer of the govern- ment. The secretary serves as chair pro tempore of the Economic Policy Council and as U.S. governor of the INTERNATIONAL MONETARY FUND, the International Bank for RECONSTRUCTION and Development, the Inter-American Develop ment Bank, and the African Development Bank. The Office of the Secretary includes the offices of deputy secr etary, general counsel, inspector general, the under secretaries, the assistant secretaries, and treasurer. Alcohol and Tobacco Tax and Trade Bureau The Alcohol and Tobacco Tax and Trade Bureau (TTB) was created in 2003, after the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATFE) was transferred to the Department of Justice. All CRIMINAL LAW enforce- ment functions went with the AFTE. The (TTB) administers and enforces the existing federal laws and tax code provisions related to the production and taxation of alcohol and tobacco products. TTB also collects all excise taxes on the manufacture of firearms and ammunition. Office of the Comptroller of the Currency The Office of the Comptroller of the Currency (OCC) was created on February 25, 1863 (12 Stat. 665), as a bureau of the Treasury Department. Its primary mission is to regulate national banks. The OCC is headed by the comptroller, who is appointed for a five-year term by the president with the advice and consent of the SENATE. By statute, the comptrol- ler also serves a concurrent term as director of the FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC). The OCC supervises approximately 2,100 national banks, including their trust activities and overseas operations. The OCC has the power to examine banks; approve or deny applications for new bank charters, branches, or mergers; take enforcement action—such as bank closures—against banks that are not in compliance with laws and regulations; and issue rules, regulations, and interpretations related to banking practices. Each bank is examined annually through a nationwide staff of approxi- mately 1,900 bank examiners supervised by four district offices. The OCC is independently funded through assessments on the assets of national banks. Bureau of Engraving and Printing The Bureau of Engr aving and Printing operates on basic authorities conferred by an act of July 11, 1862 (31 U.S.C.A. § 303), and additional authorities contained in past appropriations The Bureau of Engraving and Printing, a branch of the Treasury Department, is responsible for designing and printing all U.S. paper currency. Here, a bureau employee examines newly printed bills. CHARLES O’REAR/ CORBIS. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION 96 TREASURY DEPARTMENT made to the bureau that are still in force. A working capital fund was established in accor- dance with the provisions of section 2 of the act of August 4, 1950, as amended (31 U.S.C.A. § 5142), which placed the bureau on a com- pletely reimbursable basis. The bureau is headed by a director, who is appointed by the secretary of the treasury and report s to the treasurer of the United States. At the Bureau of Engraving and Printing, the artistry of the engraver is combined with the most technologically advanced printing equip- ment to produce U.S. SECURITIES. The bureau designs, prints, and finishes all U.S. paper currency (Federal Reserve notes), as well as U.S. postage stamps, treasury securities, certifi- cates, and other security products, including White House invitations and military identifi- cation cards. It is also responsible for advising and assisting federal agencies in the design and production of other government documents that, because of their innate value or for other reasons, require security or counterfeit-deterrence characteristics. The bureau has its headquarters in Washington, D.C., and operates a second currency manufacturing plant in Fort Worth, Texas. Financial Management Service The mission of the Financial Management Service (FMS) is to improve the quality of government financial management. The service is committed to helping its government custo- mers achieve success. The FMS serves taxpayers, the Treasury Department, federal program agencies, and government policymakers by link- ing program and financial management objec- tives and by providing financial services, information, and advice to its customers. The FMS is responsible for programs to improve cash management, credit management, debt collection, and financial management systems throughout the government. For cash management, the service issues guidelines and regulations and assists other agencies in manag- ing financial transactions to maximize invest- ment earnings and reduce the interest costs of borrowed funds. For credit management, the service issues guidelines and regulations and helps program agencies manage credit activities, including loan programs, so as to improve all parts of the credit cycle, such as credit extension, loan servicing, debt collection, and write-off procedures. The service works with other agencies to take advantage of new auto- mation technology and improve financial man- agement systems and government handling of payments, collections, and receivables. The service disburses nearly $1 billion annually, with 75 percent of the funds trans- ferred electronically for federal salaries and wages, payments to suppliers of goods and services to the federal government, INCOME TAX refunds, and payments under major govern- ment programs such as SOCIAL SECURITY and veterans’ benefits. The FMS also supervises the collection of government receipts and operates and maintains the systems for collecting these receipts. The service works with all federal agencies to improve the availability of collected funds and the reporting of collection informa- tion to the treas ury. It gathers more than $2.2 trillion per year. Internal Revenue Service The Office of the Commissioner of Internal Revenue was established by an act of July 1, 1862 (26 U.S.C.A. § 7802). The INTERNAL REVENUE SERVICE (IRS) is responsible for admin- istering and enforcing the internal revenue laws and related statutes, except those relating to alcohol, tobacco, firearms, and explosives. Its mission is to collect the proper amount of tax revenue at the least cost to the public and in a manner that warrants the highest degree of public confidence in the service’s integrity, efficiency, and fairness. To achieve that purpose, the IRS seeks to achieve the highest possible degree of voluntary compliance with the tax laws and regulations. It advises members of the public of their rights and responsibilities, determines the extent of compliance and the causes of noncompliance, administers and enforces the tax laws, and seeks more efficient ways of accomplishing its mission. The IRS determines, assesses, and collects internal revenue taxes, determines pension plan qualifications and exempt organization status, and prepare s and issues rulings and regulations to supplement the provisions of the INTERNAL REVENUE CODE . The sources of most revenues collected are individual income tax, social insurance, and retirement taxes. Other major sources include GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION TREASURY DEPARTMENT 97 . soldiers were vulnera- ble to charges of treason, regardless of their role GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION TREASON 93 in the secession or insurrection of the Southern states. No treason. Calif. Supreme Court ◆ 1972 Code of Judicial Conduct adopted by American Bar Association ❖ 1983 Died, San Francisco, Calif. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 92 TRAYNOR, ROGER JOHN BENJAMIN. and Environmental Policy) Deputy Assistant Secretary (Eurasia) Treasurer of the United States Alcohol Tax and Trade Administration Bureau ILLUSTRATION BY GGS CREATIVE RESOURCES. REPRODUCED BY PERMISSION OF GALE, A PART OF CENGAGE LEARNING. GALE ENCYCLOPEDIA OF AMERICAN