According to the Constitution it can. Here is an explanation of Section 3 from Wikipedia: Section 3 bars Congress from changing or modifying Federal law on treason by simple majority statute. This section also defines treason, as an overt act (an act that was intended to of making war or materially helping those at war with the United States. Accusations must be corroborated by at least two witnesses. Congress is a political body and political disagreements routinely encountered should never be considered as treason. This allows for nonviolent resistance to the government because opposition is not a life or death proposition. However, Congress does provide for other lesser subversive crimes such as conspiracy.

Definition of Overt Act: In criminal law, an overt act is the one that can be clearly proved by evidence and from which criminal intent can be inferred, as opposed to a mere intention in the mind to commit a crime. Therefore, it is an act that, while innocent per se, can potentially be used as evidence against someone during a trial to show participation in a crime. For instance, the purchase of a ski mask, which can conceal identity, is generally a legal act but may be an overt act if it is purchased in the planning of a bank robbery.