Sunday, January 10, 2010

Amendments By The Numbers (pt. 3)

"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."

This is a very simple Amendment, yet I think someday it will be seriously challenged by our government. Not necessarily as a directive of some sort but perhaps by an ignorant individual serving in the military quartering in someone's home against their will during a period of civil unrest.

Bottom line is, if they are armed and from the government, they're not sleeping here tonight. You wouldn't think this Amendment has ever been cited in court but it actually has been. There was a prison guard strike in New York in 1979. The National Guard was brought in to perform prison guard duty and the prison guards were evicted from facility housing and the guardsmen were stationed there instead. Since the Fourteenth Amendment binds state governments to follow the Constitution on a state government level, the guardsmen were considered soldiers in the suit to follow.

I do believe land is something that should be included in this Amendment. To that extent, it would be illegal for soldiers or police to set up camp on someone's land such as was done on the Branch Davidian compound and on Randy Weaver's land without that person's consent. While technically the Third Amendment wasn't violated in those cases, spiritually it was.

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