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

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

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 technological alternatives and manufacturers’ economic abil-ity to meet fuel economy standards

NHTSA maintains a national register of information on individuals 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 federal 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 firefighttrain-ing 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 operating ships under 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

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 national 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 peace-time of national emergency

The corporation coordinates its activities

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 airport security The following November the Homeland Security Act was passed, which authorized the establishment of theHOMELAND SECURITY DEPARTMENT On March 1,

2003, the new department assumed manage-ment of the United 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

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.

vTRASK, 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 powerful 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 others 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

—M ILILANI B T RASK

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

NATIONSdiplomat 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 provides 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 defendant 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

vTRAYNOR, ROGER JOHN Among the most influential and highly esteemed jurists of the twentieth century,ROGER

J.TRAYNORwas 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, andFOURTH AMEND-MENT JURISPRUDENCE In addition 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

—R OGER J OHN

T RAYNOR

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, changview-ing 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 theLAW 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—inTORTcases

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 review 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 theCOMMON LAW His accomplish-ments were compared to the reform efforts of

❖

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.

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 theCOMMON 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 followingWORLD 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 ofESPIONAGEcommitted 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 States 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 theU.S.CIVIL WAR, for example, all Confederate soldiers were vulnera-ble to charges of treason, regardless of their role

TREASON 93

in the secession or insurrection of the Southern states No treason charges were filed against these soldiers, however, because President ANDREW JOHNSONissued a universalAMNESTY 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 guiltyBEYOND 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 adversary

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 permitted 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

94 TREASURY DEPARTMENT

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 Chief of StaffDeputy

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.

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 theDEPARTMENT 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 Development

Bank, and the African Development Bank The Office of the Secretary includes the offices of deputy secretary, 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 AllCRIMINAL 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 theSENATE 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 Engraving 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.

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 reports 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 treasury 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 prepares 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

TREASURY DEPARTMENT 97