(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.
Sipsey Street Irregulars points us to the following story in the Gun Rights Examiner…
The Empire Strikes Back at 3-D printed guns
Or will the government declare the pictures illegal, too?Credits:Photo © Defense Distributed. All rights reserved. Used with permission.
With last Friday’s announcement that Defense Distributed had successfully used a 3-D printer tomake an entire operational firearm out of plastic (except for a small metal nail, acting as the firing pin), the already simmering controversy about printed guns quickly came to a full boil. Congressman Steve Israel (D-NY), who has been on an anti-printed gun and magazine jihad for months, was joined by U.S. Senator Chuck Schumer, who calls the new development “stomach churning.” Schumer appears to have indicated that he will be introducing a Senate companion bill to Rep. Israel’s H.R. 1474.
On Wednesday, that bill picked up its third, fourth and fifth cosponsors, including the first ostensible “Republican,” rabidly anti-gun Rep. Peter King (R-NY). The Washington D.C. city council is racing to ban printed guns as soon as possible, as are New York and California.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) has announced its close scrutiny of the technology (while tacitly acknowledging that what Defense Distributed is doing seems not to violate any laws. The Department of Homeland Security reportedly wants one of the guns of its own, presumably to gauge just how “undetectable” it is. And, because no further enfeeblement of the fantasy of a “government monopoly on force” would be complete without a meltdown on the part of the Coalition to Stop Gun Violence, that group is calling Defense Distributed mastermind Cody Wilson “a hardcore insurrectionist preaching violence, with no regard for our Constitution or system of government.”
Go and read the whole thing. Bring an emesis basin. Or bucket.
I love the Joe Wambaugh police novels. Not just because he brings you into the ‘real’ world of the street cop, but because he gets you into their hearts and minds. THAT’S the function of a good novel, any novel. And because he had been there (as an LAPD cop) he speaks the truth, metaphorically.
There are lessons to be learned.
American Mercenary writes for us about Recon, Raid and Ambush. Not just the stuff most of us see only in action movies and television shows, but the textbook Army Ranger School reality about such matters.
Why should we care? Most of us are armchair adventurers at best. I’m a disabled, overweight, 60 year old man. Do I think I can best some regular Army 21 year old, if they come for my guns? Of course not. But, there are lessons to be learned.
I truly hope and pray with every fiber of my being that ‘we’ can overcome the dark political forces working diligently to undermine this American Republic’s Constitutional System. Many of these folks raised their right hand and swore allegiance to defend the U.S. Constitution , and they were lying. They had a different agenda all along.
Much of what we see daily in the blogosphere tells us we will soon see Civil War. NOT on paper, but a real blood, guts, taking prisoners, killing war. ‘They’ say it’s inevitable. And some say we should be prepared to engage.
But Joseph Wambaugh makes a point (in The New Centurions). The fictional PT training officer in the police academy in the book says the job of the street cop (the good guy) is to out endure the bastard! (the street criminal). That what he prepares them for.
And American Mercenary gives us the very same message 30 years later. He doesn’t just give civilians textbook answers about how do be a military force. He says the following (in part):
~I don’t know if my perception is skewed by what I read, but it seems to me that a lot of people in the Liberty movement believe that conducting light infantry style operations will be something that comes naturally. I think that this is a dangerous and foolish notion on both a tactical and strategic level. Scotland would be free if Scots could work together beyond the clan level.~
~I don’t know about all of human history, but from what I know of warfare, “lone wolf” actors have never been decisive in the outcome of a revolution. So having “tribe” or “clan” is good. Having a unified political presence is decisive. In the Revolutionary War General Washington lost more battles than not. In WWII after Pearl Harbor we got our asses handed to us straight for 18 months. Remember that winning a war isn’t always about killing the other guy, it is about being the last one standing. And most insurgencies go along the same way, the insurgents die in disproportionate amounts to the superpower, but the superpower decides to go away.
Think about it this way: if you take the kill/loss ratio from the US experience in Vietnam, and apply it to the current US political atmosphere against the “Three Percent” then there would be not enough Three Percenters left at the end of the war to have a political voice. There may be a few lone wolves howling at the moon, but they will be dismissed.~
~War is bloody politics. Politics is just people trying to work together, often to gain power over other people. And politics is “mostly” bloodless war.~
The Liberty Movement is not only about Civil War. It’s about going back to Joe Wambaugh: We have to out endure the bastard(s)!
Keep those cards, letter, emails and telephone calls coming in, folks. Let D.C. know we’re out here! We’ve won some battles, but certainly not the war.
…about our continuing
loss erosion outright THEFT of our civil liberties!
DHS built domestic surveillance tech into Predator drones
Homeland Security’s specifications say drones must be able to detect whether a civilian is armed. Also specified: “signals interception” and “direction finding” for electronic surveillance.
And just for fun, I also noticed a disturbance in the Force on the Internet, today. It seems a significant number of high-ranking military officers are taking their retirement, because they’ve been asked by the current administration if they’d follow orders to disarm American citizens! And they’d rather break ranks than to violate their Constitutionally-supportive oath.
No wonder the gun stores are lacking stock in ammunition and popular firearms. They’re flying off the shelves.
Scary stuff. 1984 was 29 years ago, and things were bad THEN. I fear for the future, and I don’t make that statement easily.
h/t Declan McCullagh
Please keep a good thought and pray (if that’s what you do) for my step-brother-in-law in Alaska. My step-sister reports Thursday night last he was rushed to the E.R. End result, a leaking aneurism. His aorta was stretching and leaking!
He is a 20 year veteran of the United States Army, Vietnam Veteran, and retired Lieutenant Colonel.
All we can do is wait.
This just in…
Charles Durning, who worked in Hollywood for nearly six full decades working on over 200 titles, has passed away at the age of 89. The character actor’s death was confirmed by his daughter, having died last night in his Manhattan home. As prolific as they come, Durning split his career between the stage, the small screen and big screen. He earned acclaim for his take on Big Daddy in an early 90s staging of Cat on a Hot Tin Roof, had recurring roles on series like Everybody Loves Raymond, Evening Shade and Rescue Me, and starred in classic movies like Tootsie and The Sting.
Charles Durning was a U. S. Army Ranger at Normandy earning a Silver Star and awarded the Purple Heart.
I especially loved him as the PI in De Palma’s Sisters, and the Governor in Best Little Whorehouse in Texas.
h/t Cinema Blend.com, Real Hollywood Heroes
Senator Daniel Inouye, the longest serving U.S.Senator after the passing of Robert Byrd, died today.
While I disagreed with most of the man’s politics, he was indeed a true American hero.
His Medal of Honor citation:
Second Lieutenant Daniel K. Inouye distinguished himself by extraordinary heroism in action on 21 April 1945, in the vicinity of San Terenzo, Italy. While attacking a defended ridge guarding an important road junction, Second Lieutenant Inouye skillfully directed his platoon through a hail of automatic weapon and small arms fire, in a swift enveloping movement that resulted in the capture of an artillery and mortar post and brought his men to within 40 yards of the hostile force. Emplaced in bunkers and rock formations, the enemy halted the advance with crossfire from three machine guns. With complete disregard for his personal safety, Second Lieutenant Inouye crawled up the treacherous slope to within five yards of the nearest machine gun and hurled two grenades, destroying the emplacement. Before the enemy could retaliate, he stood up and neutralized a second machine gun nest. Although wounded by a sniper’s bullet, he continued to engage other hostile positions at close range until an exploding grenade shattered his right arm. Despite the intense pain, he refused evacuation and continued to direct his platoon until enemy resistance was broken and his men were again deployed in defensive positions. In the attack, 25 enemy soldiers were killed and eight others captured. By his gallant, aggressive tactics and by his indomitable leadership, Second Lieutenant Inouye enabled his platoon to advance through formidable resistance, and was instrumental in the capture of the ridge. Second Lieutenant Inouye’s extraordinary heroism and devotion to duty are in keeping with the highest traditions of military service and reflect great credit on him, his unit, and the United States Army.
He was a medical volunteer immediately after the Pearl Harbor attack, and enlisted in 1943, after the U.S. Army dropped it’s ban on Japanese-Americans. I remember seeing him on a late-night talk show (Tomorrow – Tom Snyder?) and he spoke of being 17 and looking skyward at the attacking planes flying over his home shaking his fist and saying, “God Damn Japs!”
h/t TinCan Assassin
The Shekel – Coins, Law and Commentary reports on the disbarment of a military lawyer who mailed a classified list of Guantanamo detainees to a ‘legal’ group.
The article concludes:
So Diaz ended up with 4 felonies, 6 months in confinement – which seems a little light, and a disbarment, not to mention dropping from the rank of Lt. Commander to nothing. All on behalf of Guantanamo detainees who would likely kill him and other Americans if they got half a chance.
Talk about shooting oneself in the foot!
The Wounded Warrior Project, who obviously assists wounded veterans and their families has done just that. They recently refused to participate in a firearms-oriented radio talk show, which would have brought them great publicity and additional support. An email exchange between their PR flack and the radio producer produced evidence that they do not organizationally support Second Amendment Rights.
Our position regarding firearms and alcohol is in response to the struggles that many injured service members face with substance abuse and suicide and the roles those items often play in those issues.
Pro-civil-rights-bloggers are dropping them from their blog sidebars like hot machine gun barrels. Hopefully, other big supported like Anheuser-Busch are doing the same.
As am I.
I’m substituting the charity Soldier’s Angels in their stead.
This reminded me of many years ago, before I was married. I was looking into the Big Brothers/Big Sisters organization, with the possibility of perhaps sponsoring one. They, too, seemed to do great work. A local news story surfaced, wherein the regional chapter denied a decorated, veteran police officer Big Brother status, because he insisted on having his gun with him! Now, I don’t know (or particularly care) if this was a local, regional or national policy decision. It soured the organization for me. I didn’t pursue the status further, and give them no money. And tell all who will listen the story.
There are many worthy charities out there. I wish I had the resources to help them, but, I do not. But, I can put them on my sidebar and send them five or ten dollars when I have it. Which is not very often.
But I’ve expectations of those I support. They don’t need to actively support gun rights, HOWEVER, disparaging firearm possession and furthering propaganda lies are another thing altogether.
Please support Soldier’s Angels.
(Update – WWP is backpedaling all over the place. Too little, too late in my view – Guffaw)