It would likely be illegal rather than un-Constitutional.
Really? How?
Criminal conspiracy perhaps?
Put simply, a criminal conspiracy is an agreement to commit an unlawful act.
The agreement itself is the crime, but at least one co-conspirator must take an āovert actā in furtherance of the conspiracy. Under the federal conspiracy statute:
- The agreement by two or more persons is the essence of the crime. If there is no agreement, there can be no conspiracy.
- The co-conspirators must agree to commit a federal crime or to defraud the United States or any federal agency in any manner and for any purpose.
- At least one co-conspirator must take an overt act in furtherance of the conspiracy.
The overt act itself need not be unlawful, and not all members of the conspiracy are required to take an overt act; one co-conspiratorās overt act is enough. For example, one co-conspiratorās rental of a van ā a perfectly legal act ā to be used in a bank robbery is sufficient for his co-conspirators to be held criminally accountable for their agreement to rob the bank, even if no other steps are taken.
A co-conspirator must have knowledge of the agreement and its unlawful objectives, but it isnāt necessary for a conspiracy to succeed in its unlawful objective. A defendant can be convicted of conspiracy, yet be acquitted of the substantive crime he conspired to commit.
Whatās a Criminal Conspiracy?: MoloLamken LLP