Find out more about Article III. The only crime defined by the Constitution can be found in Article III, Section 3. What is it?

Treason

Explanation:

Treason is the only crime specifically defined in the Constitution. According to Article III, Section 3, a person is guilty of treason if he or she goes to war against the United States or gives “aid or comfort” to an enemy. He or she does not have to physically pick up a weapon and fight in combat against U.S. troops.

( from annenbergclassroom(DOT)org )

congress was not thoroughly prohibiting states from funding religious schools.