Eva,
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People that actually go over to the land of the opposition to put themselves in the way of military strikes are guilty of treason only after War is declared. My reasoning for this is because you can't really define the enemy until the point of actual war is declared. Until that time, there is no official enemy. Once war is declared, then any efforts to assist the enemy is treason.
That's a piece of good, solid logic. The trouble with the notion of treason in this war and all wars we have engaged in since WW II is that none of them have been declared. Even throughout the Cold War, war was never declared against the USSR.
I think giving the Executive branch the power to do "peace-keeping" and "policing" actions without UN support is a dangerous way to go. You see, if we just go by the Constitution's wording, as follows:
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Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.
then we need to determine what constitutes our "Enemies". A soft definition could spell trouble in the sense that a police state could easily be established.