What are the only crimes listed by name in the Constitution and its amendments (as opposed to by class, for instance as “crimes” or “felonies”)? I realize that there’s some ambiguity here, but I think the answers are pretty clear (which is my way of warning people that I won’t be taking the time to respond to definitional arguments on this).
Treason, bribery, counterfeiting, piracy, participation in rebellion (or insurrection), (in a repealed provision) the manufacture, sale, or transportation of intoxicating liquors, and “transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof” (thanks to reader Seth Tillman for the latter). As to some of these, Congress may have the discretion to deal with them civilly rather than criminally, or even not deal with them at all. But historically all have been treated as crimes, or at least were treated as crimes once the provision was enacted. Breach of the peace might also be included (thanks to reader Stephen Aslett), but I’m not positive whether at the time it was seen as a crime or as a category of crimes.
The Thirteenth Amendment also specifically prohibits slavery, which may be seen as referring to the crime of enslavement (which is indeed now a federal crime, though I’m not sure whether that criminal law was in fact enacted right after the Amendment). The clause “The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person” refers to the slave trade, which was indeed outlawed in the early 1800s; but the slave trade wasn’t a crime at or shortly after the time the provision was enacted, which is the test I’m using, and in any event the clause doesn’t refer to the crime explicitly enough (since Migration or Importation isn’t necessarily slave trading).
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