(not really – but I had you going there, didn’t I?)
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.
Sadly, there does seem to be an escape clause in the Amendment. (but in a manner prescribed by law)
And there was even one relevant case - Engblom v. Carey, 677 F.2d 957 (2d. Cir. 1982)
In 1979, prison officials in New York organized a strike; they were evicted from their prison facility residences, which were reassigned to members of the National Guard who had temporarily taken their place as prison guards. The United States Court of Appeals for the Second Circuit ruled: (1) that the termowner in the Third Amendment includes tenants (paralleling similar cases regarding the Fourth Amendment, governing search and seizure), (2) National Guard troops count as soldiers for the purposes of the Third Amendment, and (3) that the Third Amendment is incorporated (that is, that it applies to the states) by virtue of the Fourteenth Amendment.
In an earlier case, United States v. Valenzuela, 95 F. Supp. 363 (S.D. Cal. 1951), the defendant asked that a federal rent-control law be struck down because it was “the incubator and hatchery of swarms of bureaucrats to be quartered as storm troopers upon the people in violation of Amendment III of the United States Constitution.” The court declined his request. Later, in Jones v. United States Secretary of Defense, 346 F. Supp. 97 (D. Minn. 1972), Army reservists cited the Third Amendment as justification for sitting out a parade. Similarly far-fetched arguments in a variety of contexts have also been denied in a number of court cases. Thus, Engblom v. Carey remains the only significant Third Amendment case law. (Wikipedia)
You should go and visit the Wikipedia page, and perhaps do some other research on your own. Every Amendment in The Bill of Rights has been, and continues to be under constant attack by those who think they ‘know better’.
We need to stand firm not just on the Second, but the entire Bill of Rights. Tyranny is insidious.
“A desire to resist oppression is implanted in the nature of man.” - Thomas Jefferson
We need to maintain vigilance.
Blacks, Guns & CrimeJuan Williams, a black commentator, wrote an interesting article recently entitled “ Race and the Gun Debate.” (Wall St. Journal, Mar 27, 2013) Among the statistics he cites are that 54% of all murders involve black victims, virtually all of whom were killed by black murderers, and yet blacks comprise only 13% of the population.These are familiar numbers, but, as Williams points out, although more than half the “gun problem” can be laid at the feet of blacks, the gun debate never seems to mention this. If it were mentioned, the obvious thought that might occur is maybe it’s blacks that need to be regulated and not guns.Three years ago I wrote the following in the prologue to my book They Came For Our Guns, They came For Our Freedom (William Lafferty):
“ The single most important factor that has caused the political left to demand an end to private firearms ownership is that the underclass has, over the last fifty years, expanded exponentially, bringing with it an exponential increase in crime. Many of these criminals come from the single-parent families encouraged by the welfare system, a dysfunctional government give-away favored by the far left. The absence of fathers has led large numbers of children to seek gangs as a substitute for parenting not available at home. Not content with having created an entire class of welfare-bred criminals, the political left now seeks to protect this underclass by rendering ordinary citizens defenseless against crime perpetrated by these criminals.”In sum, both blacks and whites are part of this criminal underclass, but, as Juan Williams points out, blacks, a 13% minority, are doing 54% of the killing and dying. That needs to be said.Why is this happening? According to Juan Williams, the out of wedlock birth rate for blacks is now 72%. This leads to more than 70% of black mothers being on welfare raising more than 70% of black children without fathers.That’s part of the problem. Another part, Williams says, is:
“ a dysfunctional gangster-rap culture that glorifies promiscuity, drug dealers and the power of the gun.”So now we have black culture of violence financed by the welfare system producing what are – by any measure – distorted values. One might think this needs to be addressed.
“We only kill each other” – Bugsy Siegel
The Ultimate Answer to Kings brings to us a discussion regarding what many of us thought was a non-issue: different genders (or the gender-confused) using the wrong public toilet.
Raise your hand if you never drowsily wandered into the wrong bathroom in a public building. Personally I consider the embarrassment to be punishment enough, but some politicians don’t agree.
SB 1432 would make it illegal to enter a bathroom if signage indicates it is exclusively for the opposite sex. Authorities could charge violators with a Class 1 misdemeanor, punishable by a $2,500 fine and up to six months in jail.
Of course I’m misstating the purpose of this bill, which has nothing to do with criminalizing a lack of situational awareness and everything to do with making, er, gender mismanagement a matter of public concern.
I personally don’t think it’s the government’s business. If a crime is involved (lewdness, rape, assault, child molestation) then certainly it becomes the government’s business. Otherwise, they’ve enough to contend with. And they’re already in our computers, cell phones, automobiles, bodies and bedrooms. I’m drawing the line at JBTs getting a warrant to check my underwear! (Although they already do it warrantless at the airport – sigh).
Many of my liberal friends cheered when the Phoenix City Council recently passed an ordinance guaranteeing non-interference with transgender and other folks who utilize the public restroom labeled with the gender they most identify. An anonymous commenter on Joel’s blog succinctly addresses the actual issue of Puritanical-Victorian America with the statement below:
There are lots of first and second world countries that have unisex public restrooms. They don’t seem to suffer for it.
Amen. Perhaps we Americans need to simply grow up.
+1 on Mr (or Ms.) AnonymousThis just in – rumor has it SB 1432 has been withdrawn or tabled, but I’ve not been able to confirms this – Guffaw
…but all is not, yet, lost…
SAN FRANCISCO — They’re called national security letters and the FBI issues thousands of them a year to banks, phone companies and other businesses demanding customer information. They’re sent without judicial review and recipients are barred from disclosing them.
On Friday, a federal judge in San Francisco declared the letters unconstitutional, saying the secretive demands for customer data violate the First Amendment.
The government has failed to show that the letters and the blanket non-disclosure policy “serve the compelling need of national security,” and the gag order creates “too large a danger that speech is being unnecessarily restricted,” U.S. District Judge Susan Illston wrote.
She ordered the FBI to stop issuing the letters, but put that order on hold for 90 days so the U.S. Department of Justice can pursue an appeal to the 9th U.S. Circuit Court of Appeals.
The DOJ said it is reviewing the decision.
FBI counter-terrorism agents began issuing the letters after Congress passed the USA Patriot Act in the wake of the Sept. 11, 2001, attacks.
More at the above link. Apparently, not everyone in government supports the push toward totalitarianism.
Funny how the congress keeps passing more legislation ‘to protect us’, and instead constrains us.
threedonia, in the midst of all the horrific news regarding the ever-fascistic encroachment of government bring us good news…
The new owner of Hostess Brands Inc’s snack cakes hopes to have Twinkies back on U.S. store shelves by this summer, according to a member of the purchasing group.
“Our family is thrilled to have the opportunity to reestablish these iconic brands with new creative marketing ideas and renewed sales efforts and investment,”Daren Metropoulos, a principal at his family’s private equity firm, told Reuters in an email on Tuesday.
“We look forward to having America’s favorite snacks back on the shelf by this summer.”
I guess this means when we complain about the sardine-seating in the cattle cars headed to the ‘re-education’ camps, and are told “Let ‘em eat cake!” we will again have another choice of chemically enhanced sponge cake tubes, with cremey filling (no dairy involved – hence the spelling creme) from which to choose!
That, and a 16+ oz. soda to celebrate Freedom’s return! Or not.
(a holiday designed to give federal employees another three-day weekend…)
I found a list of 99 Interesting Fact About The Presidents.
Below are a few snippets – you might visit the link above to read the whole 99!
Abraham Lincoln (1809-1865) is the only U.S. president who was also a licensed bartender. He was co-owner of Berry and Lincoln, a saloon in Springfield, Illinois.b
Lyndon Baines Johnson “LBJ”(1908-1973) affectionately called the many women he slept with his “harem.” He even had a buzzer system installed that rang inside the Oval Office so that Secret Service could warn him when his wife was coming.c
The three best known Western names in China are Jesus Christ, Elvis Presley, and Richard Nixon.k
Robert Lincoln is the only man in U.S. history known to have witnessed the assassinations of three different presidents, his father, James Garfield, and William McKinley. After he saw anarchist Leon Czolgosz shoot McKinley, he vowed he would never again appear in public with an incumbent president.i
Gerald Ford worked as a model during college. He also worked as a forest ranger at Yellowstone National Park directing traffic and feeding the bears.a
h/t Random Facts, Mental Floss
When I was growing up (in Arizona) my father made certain to show me evidence of Western history and culture. Western as in cowboy. 50s/60s TV helped. Not balanced or historically correct.
Part of what was taught to me was the difference between Cochise and Geronimo. Cochise initially fought the incursion of people from the East Coast, but eventually acceded to what was called manifest destiny and gave up. I was taught he was a great hero of his people. (See the 1950 film Broken Arrow for the politically-correct story).
But Geronimo was another matter. A warrior to the end, he never gave up fighting for his people, and was eventually captured and made a prisoner of war. He died in captivity. Some say he was murdered. I was taught he was a rebel and criminal who deserved what he got. We called these battles The Indian Wars.
Between the Indians co-existing with us as citizens, having their own ‘nations’, and being given special status and benefits from the government (based largely on our guilt for never honoring treaties and mistreatment of them), AND, the ever-popular meme of Jean-Jacques Rousseau’s The Noble Savage (the idea that as they were primitive cultures they were automatically more pure than we ‘cultured’ euro-trash) it’s a pretty complex relationship. Until the 1700s, many conquering forces simply eliminated those who didn’t assimilate. Less complex but barbaric. We did do some of that.
Special status, in spite of the whole melting pot meme; E Pluribus Unum, and equal rights for all. Some people are more equal than others.
Purportedly, Geronimo’s last words…
“I should have never surrendered. I should have fought until I was the last man alive.”
As a youth, I admired Cochise for his peaceable acquiescence to federal government authority. I tend to be siding more with Geronimo, now.
h/t Wikipedia, IMDB
Mama Liberty commented on my post yesterday, mentioning the National Rifle Association’s flip-flopping with regard to various issues involving federal law. Specifically the whole ‘no guns in school’ thing.
It seems they initially supported such a thing, then became wiser. They’ve done the same thing with regard to other gun control laws and politicians (giving some folks a Grade of A, when they voted mostly in the anti-rights tent).
In short, they’re wafflers and inconsistent, at best.
I’ve thought on more than one occasion about sending back my Life Membership Card (which I paid for in monthly installments!) with a better-than-terse letter regarding many of these inconsistencies.
But I’ve not yet done that. Why not, you ask?
Well, because, in spite of their failings, they’re still one of the best tools we have in this battle. There are others: The Second Amendment Foundation and Jews For The Preservation of Firearms Ownership come to mind.
Find the group or groups you can support and do so. Four-and-one-half million people coalesced into a lobbying force is remarkable! 47% of American households reportedly possess firearms. The NRA and other pro-rights groups memberships should be even larger.
Yeah, they aren’t perfect. But…
“We must all hang together, or assuredly we shall all hang separately” - Benjamin Franklin
One of the most prolific and innovative inventors in history, JOHN MOSES BROWNING was born on this date in 1855.
The next time you rack your semiautomatic pistol, remember the slide mechanism was invented by Mr. Browning. Otherwise, we’d be stuck with Georg Luger’s toggle top! Seen many of those designs, lately?
Every time I first touch off my one remaining prized 1911, I try to intone, “God Bless John Moses Browning!”
For a succinct biography of the man, please go to 1911.org
Today has been designated the first national Gun Appreciation Day!
On 01.19.13 got to your local gun store, gun range or gun show with your Constitution, American Flags and ‘Hands Off My Guns’ sign to send a loud and clear message to Congress and President Obama.
Most of the media coverage I’ve seen on the Internet of this event has been negative, e.g. why the coincidental day with MLK Day, after all, he was shot?
Maybe MADD should have a similar day recognizing when Senator Ted Kennedy drove off a bridge with Mary Jo Kopechne? Isn’t that the same logic? Perhaps we should ban booze? Oh wait, that was done, and ended poorly.
Regardless, go to the website and sign the petition, in an effort to reach 50 million Americans. Please. Then go celebrate your rights.
And be careful out there!