What is the Logan Act in the US Constitution?

History · Middle School · Tue Nov 03 2020

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The Logan Act is not actually part of the United States Constitution. It is a United States federal law that was passed in 1799 and codified at 18 U.S.C. § 953. The act was named after Dr. George Logan, a state legislator from Pennsylvania who, as a private citizen, engaged in diplomatic discussions with France during the Quasi-War.

The Logan Act makes it illegal for private citizens to negotiate with foreign governments without authorization. Specifically, it is intended to prevent unauthorized negotiations from undermining the government's position. The Logan Act reads:

"Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title or imprisoned not more than three years, or both."

Despite its existence since the late 18th century, the Logan Act has very rarely been enforced, and there have been no successful prosecutions under the act. However, it sometimes is mentioned in political discussions to criticize certain actions taken by private citizens or public figures that could be perceived as unofficial diplomatic activity.