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American, Bill of Rights, law enforcement interaction, military, posse comitatus

So much for Amendment the Third…

(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.[4]

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.[4] 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.

About guffaw1952

I'm a child of the 50's. libertarian, now medically-retired. I've been a certified firearms trainer, a private investigator, and worked for a major credit card company for almost 22 years. I am a proud NRA Life Member. I am a limited-government, free-market capitalist, who believes in the U.S. Constitution and the Rule of Law.


6 thoughts on “So much for Amendment the Third…

  1. Woe unto the first group that tries to forcibly evict armed folks from their homes … won’t be pretty.

    Posted by Rev. Paul | May 18, 2013, 8:51 am
  2. We need to stand firm not just on the Second, but the entire Bill of Rights.

    Funny that AP reporters got a DOJ colonoscopy and it’s a BIG DEAL. They expect everyone to cry out at the abuse of the 1st Amendment…as we should and will.
    (if nothing else for the entertainment value of watching bureaucrats squirm)
    Have a politician stomp on the 2nd Amendment though and those same AP reporters won’t hesitate to demonize gun owners as a bunch of slack-jawed maniacs that are a danger to everyone.

    The rights of our Republic are in danger of being swallowed by the Borg. “Resistance is futile.”
    All I can say to that is “Bullllshiiit!”

    Posted by KM | May 18, 2013, 12:01 pm
  3. The third seems to be the ‘lost’ amendment… Just sayin…

    Posted by Old NFO | May 18, 2013, 5:32 pm

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In Loving Memory…

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