No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
The Third Amendment Defined:
The Third Amendment is a part of the Bill of Rights, which are the first 10 Amendments to the United States Constitution and the framework to elucidate upon the freedoms of the individual. The Bill of Rights were proposed and sent to the states by the first session of the First Congress. They were later ratified on December 15, 1791. The Third Amendment was introduced on September 5, 1789.
The first 10 Amendments to the United States Constitution were introduced by James Madison as a series of legislative articles and came into effect as Constitutional Amendments following the process of ratification by three-fourths of the States on December 15, 1791.
Stipulations of the 3rd Amendment:
The Third Amendment prohibits, during times of peace, the quartering of soldiers on private property and in private homes without the consent of the owner. The Third Amendment makes the quartering of soldiers permissible only in times of conflict or war and then only according to the area’s particular laws.
The Third Amendment is routinely regarded as one of the least cited sections of the United States Constitution. The reasoning behind this notion or lack of use stems from the obsolete nature of the passage—rarely in modern times are soldiers quartered in private homes. That being said, the Amendment is occasionally cited as a base for the right to privacy.
How was the 3rd Amendment Created?
The original constitution was met with skepticism due to the lack of civil liberties. In response, the bill of Rights was created to include the 3rd Amendment along with the rest of the Bill of Rights. Numerous revisions were drafted to better elucidate upon the distinction between times of war and times of peace and whether the executive or the legislative branch of government would possess the power to authorize quartering.
Court Cases tied into the 3rd Amendment
In Youngstown Sheet & Tube Co. v. Sawyer, the court ruled that the framers of the Constitution intended to constrain executive power even during times of war. The court ruled that military powers of the executive branch were not meant to supersede representative government of internal affairs.
The Third Amendment of the Constitution of the United States is one that arose directly out of the conflict with Britain that resulted in the American Revolution. Before the Colonies successfully gained their independence, Britain imposed the Quartering Act, which forced American families to take British soldiers into their homes and provide them with room and board.
The British imposed themselves on the private dwellings of families, and often took advantage and abused the extent of this imperialistic provision created by the British. This was evident specifically during the French and Indian War, when members of the Britain military would force families into providing them housing and would take quarters in private homes without authorization or permission granted from the owners. The Third Amendment would come into creation as a way to protect these circumstances from occurring again by prohibiting the practice under United States legislation.
The Third Amendment explicitly states, "No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law." Arising from previous tensions created by the Quartering Act and citizens of the Thirteen Colonies, the Forefathers of the Constitution took it into consideration and barred the practice by law.
At the time, the illegal and forceful quartering of British soldiers was a form of oppression and tyranny by the British Empire, as was deemed an outrage by American citizens. It was even transcribed in the United States Declaration of Independence as one of the grievances against the King. They would view this as an invasion of privacy and trespassing on private property, which was considered unlawful and abusive in the eyes of the Colonialists.
However, it cannot be denied that the Third Amendment is one that has outlived its purpose, as far as its application in modern times is concerned. The inclusion of the Third Amendment is directly associated with the time period in which it was written and has not been applied or enforced simply because the necessity has never arisen since then.
The Third Amendment has little, if any, relevance or purpose today. However, in the early 1980s the Third Amendment was used in a court case regarding the housing of National Guard members that were employed during a strike by New York State correction officers. Many of the correction officers were evicted from their employee housing in order to accommodate the influx on the National Guard. The matter was brought to trial in the court case Engblom v. Carey, in which the courts deemed it that such action was protected by the Third Amendment because the National Guard is a military establishment and its members qualify as soldiers. This would be the first and last time the Third Amendment would be employed since the late 1700s.
Even though the Amendment can be considered obsolete, it still is important as a major piece of legislation that existed to oppose tyranny and unjust treatment of American citizens.
FISA Court Finds Massive Government Violations of the Fourth Amendment
In a 138-page ruling by U.S. District Court Judge James E. Boasberg of the Foreign Intelligence Surveillance Court (FISC), declassified by the U.S. government this week, it has been revealed that the FBI has violated the rights of millions of Americans. Boasberg made his ruling in October 2018, but his findings were only made public this week.
The FBI has been illegally searching through information that had been obtained via the mass surveillance program of the National Security Agency (NSA). In the past, those who have raised concerns over abuses of civil liberties by such data gathering by the NSA have been cast as alarmists, and assurances have been given that the mining by law-enforcement agencies of NSA data is only allowed after proper Fourth Amendment warrant procedures have been followed.
The Fourth Amendment states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized
What are the rights protected by the Fourth Amendment?
The Fourth Amendment to the U.S. Constitution protects personal privacy, and every citizen's right to be free from unreasonable government intrusion into their persons, homes, businesses, and property -- whether through police stops of citizens on the street, arrests, or searches of homes and businesses.
carol ann parisi
http://americansforprosperity.org/110810-spread-word-about-seatkirk...
Nov 9, 2010
carol ann parisi
Dec 2, 2012
carol ann parisi
Apr 30, 2020
carol ann parisi
The Third Amendment of the Constitution of the United States is one that arose directly out of the conflict with Britain that resulted in the American Revolution. Before the Colonies successfully gained their independence, Britain imposed the Quartering Act, which forced American families to take British soldiers into their homes and provide them with room and board.
The British imposed themselves on the private dwellings of families, and often took advantage and abused the extent of this imperialistic provision created by the British. This was evident specifically during the French and Indian War, when members of the Britain military would force families into providing them housing and would take quarters in private homes without authorization or permission granted from the owners. The Third Amendment would come into creation as a way to protect these circumstances from occurring again by prohibiting the practice under United States legislation.
The Third Amendment explicitly states, "No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law." Arising from previous tensions created by the Quartering Act and citizens of the Thirteen Colonies, the Forefathers of the Constitution took it into consideration and barred the practice by law.
At the time, the illegal and forceful quartering of British soldiers was a form of oppression and tyranny by the British Empire, as was deemed an outrage by American citizens. It was even transcribed in the United States Declaration of Independence as one of the grievances against the King. They would view this as an invasion of privacy and trespassing on private property, which was considered unlawful and abusive in the eyes of the Colonialists.
However, it cannot be denied that the Third Amendment is one that has outlived its purpose, as far as its application in modern times is concerned. The inclusion of the Third Amendment is directly associated with the time period in which it was written and has not been applied or enforced simply because the necessity has never arisen since then.
The Third Amendment has little, if any, relevance or purpose today. However, in the early 1980s the Third Amendment was used in a court case regarding the housing of National Guard members that were employed during a strike by New York State correction officers. Many of the correction officers were evicted from their employee housing in order to accommodate the influx on the National Guard. The matter was brought to trial in the court case Engblom v. Carey, in which the courts deemed it that such action was protected by the Third Amendment because the National Guard is a military establishment and its members qualify as soldiers. This would be the first and last time the Third Amendment would be employed since the late 1700s.
Even though the Amendment can be considered obsolete, it still is important as a major piece of legislation that existed to oppose tyranny and unjust treatment of American citizens.
Apr 30, 2020
carol ann parisi
FISA Court Finds Massive Government Violations of the Fourth Amendment
In a 138-page ruling by U.S. District Court Judge James E. Boasberg of the Foreign Intelligence Surveillance Court (FISC), declassified by the U.S. government this week, it has been revealed that the FBI has violated the rights of millions of Americans. Boasberg made his ruling in October 2018, but his findings were only made public this week.
The FBI has been illegally searching through information that had been obtained via the mass surveillance program of the National Security Agency (NSA). In the past, those who have raised concerns over abuses of civil liberties by such data gathering by the NSA have been cast as alarmists, and assurances have been given that the mining by law-enforcement agencies of NSA data is only allowed after proper Fourth Amendment warrant procedures have been followed.
The Fourth Amendment states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized
May 7, 2020
carol ann parisi
May 7, 2020