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The Third of Ten

April 07, 2009

If any amendment to the Constitution should have an inferiority complex, this would be it.

There’s never been any controversy about it. No demonstrations.

It’s one of the least-litigated sections of the Constitution. The Supreme Court has never even bothered to review the meaning of it.

I was almost, in my dissection of the first ten amendments, going to skip it, but then I asked myself, “Has it not suffered enough?”

Here it is, in all its lack of drama.

“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.”

It was introduced by James Madison, a small non-descript man himself, September 5, 1789 and finally ratified in 1791.

It does come with a back-story; it was written in response to unhappy private citizens, that were required to house British soldiers in their own homes before the Revolutionary War.

A situation the Founding Fathers never wanted to repeat, even with our own army.

In perhaps an attempt to elevate the Third Amendment, there are those that say it prevented the military from not only quartering troops but becoming a law onto themselves.

Namely that the Third Amendment, (and not the Fourth) provides the better constitutional argument against surveillance.

What do I think?

I'll take the Fifth.

Let’s just accept the Third Amendment, tracing its roots to the English Bill of Rights, for what it is. A thoughtful addition by our Founding Fathers who didn't want us sharing our homes with anyone we didn't want to.

I see nothing wrong with showing this forgotten amendment a little love. And anything or anyone else you'd also like to give some love to today won't be forgotten by me.

J. Peterman

 

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42 Members’ Opinions
April 07, 2009 5:52 AM
First-comHr-1 Inihilus said...

Its a neatly written passage. I like the proviso that (should the need arise) it can be mitigated by a law requiring billeting.
To paraphrase: you won't be forced to do this, unless a law is passed forcing you to.

April 07, 2009 7:19 AM
10photoviews10videoviewsCom-100Com-300Com-500First-comFirst-photoFirst-videoHr-1Hr-10Hr-5 Stoney said...

Peter Lake & rings90,

Okay, I wouldn't have led off with Soriano or opened with Zambrano. That's why they've stopped taking my calls I suppose.

But, that was very nice and the Pirates laying one on the Cards didn't hurt either.

There is still a forty foot ice rink out back that will become a pool in a couple months and the smell of earth remains elusive but spring in in the air...waves.

Now, if those annoying Redcoats and their muddy boots would go home.

April 07, 2009 7:58 AM
1046 10photoviewsCom-100Com-300Com-500First-comFirst-photoHr-1Hr-10Hr-5 Willie Trask said...

In the Melanie Griffith - John Goodman- Don Johnson remake of BORN YESTERDAY, there is a very cute dinner table song about the amendments, in the mode of The 12 Days of Christmas. It would be handy for anyone trying to remeber them all.

April 07, 2009 7:59 AM
1046 10photoviewsCom-100Com-300Com-500First-comFirst-photoHr-1Hr-10Hr-5 Willie Trask said...

or trying to REMEMBER them...

April 07, 2009 9:18 AM
3905 10photoviews10videoviewsCom-100Com-300Com-500First-comFirst-photoFirst-videoHr-1 cuukoo1 said...

quartered with imminent domain and i may have a case that would let me keep my spot in the canoe.....hmmmmmmmmm.

April 07, 2009 9:38 AM
10photoviews10videoviewsCom-100Com-300Com-500First-comFirst-photoFirst-videoHr-1Hr-10Hr-5 Stoney said...

Willie Trask,

William Holden as a smart guy? No problem. Don Johnson? Had to watch just to see if he could bring it off. He did, didn't you think?

Ben Bradlee as a Washington type. Well, I guess. But Fred Thompson as a U.S. Senator. Really!

All in all a pretty darned good movie. Melanie Griffith stretching to seem under-educated notwithstanding.

April 07, 2009 9:58 AM
293 10photoviewsCom-100Com-300Com-500First-comFirst-photoHr-1Hr-5 rings90 said...

Makes me wonder if any southern pulled out this amendment during the Civil War, to turn away the Union form taking over the plantations & vice Versa for the north?  Although it would not be enforceable if the state had suceeded so.. But in the North it would have been. Think of all the houses & farms that could have been saved had this amendment not been so overlooked.

April 07, 2009 10:00 AM
First-com max said...

I am neither a democrat nor repulican but a strict constructionist. I believe the constitution is a divine document meant to be interpeted by the supreme court.  For the rest of us, it says what it means.  Most of our country's ills have been caused by politicains attempting to twist it 's meaning to further their own agenda.  Life is really pretty simple when we use playground rules.

April 07, 2009 10:50 AM
Bwme 10photoviewsCom-100Com-300Com-500First-comFirst-photoHr-1Hr-10Hr-5 nachista said...

If you've ever lived with a member of the armed services, you know there are days when you are tempted to to act on the third amendment. 
 
Imminent Domain is a bigger argument but related to the third amendment.  Here's a tip for small town politicians; if you have no experience with imminent domain laws or property laws...don't tell a man with 50 years of land law experience that you are going to condemn his alfalfa fields for the good of the town so you can build up an "Enticing and lucrative downtown to attract business away from (the next town over, which is the "downtown" for all the cities in the valley)".  They went head to head with my dad and they lost, big time.

April 07, 2009 11:09 AM
800 10photoviewsCom-100Com-300Com-500First-comFirst-photoFirst-reviewHr-1Hr-10Hr-5 Michael said...

This makes me think of Post-WWII Germany and how housing was assigned to the occupying U.S. forces.  A general would be assigned a mansion over there, complete with furnishings and cheaply hired servants.  As the rank went down, so did the size of the house, unless you were unmarried, then you got to stay (for free) in a 4-5 star hotel and got to eat Army rations off of very nice china. 
 
What a letdown it must have been for officers returning from duty in 1946 and after to have to move into what is essentially low-income government housing.  On some bases, particularly those opened during the massive build-up of War 2, the commanding general's house would best be described as "the sort of house a moderatly successful loan officer from a small bank could afford".
 
Which really makes me think about some of the housing issues that have come to light in the last few years.  The barracks at Bragg, which is home to some of the most elite fighting forces in the world (Airborne, JFK Special Forces School) that have mold growing everywhere and toilets that are more likely to explode than flush.  Disgraceful.
 
Maybe they should amend the Amendment to include "rules do not apply to members of Congress who have voted to screw over the Armed Forces."  Let each Congressperson house, clothe, and feed a platoon or two of growing 18 year olds and see if they don't rethink how they sell their vote.

April 07, 2009 11:17 AM
1198 10photoviews10videoviewsCom-100Com-300Com-500First-comFirst-photoFirst-videoHr-1Hr-10Hr-5 Doc Nolan said...

Methinks this was designed to keep hungry troops away from 'home-cooked like momma used to make'.... I vividly remember the (mostly unfair) complaining my compadres did while standing in line in the 'chow hall' waiting for (drum-roll).... FREE food!  (Some folks are never happy.)  There is an expression applicable to males under age 25: 'He's eating us out of house and home!'

April 07, 2009 11:18 AM
10photoviews10videoviewsCom-100Com-300Com-500First-comFirst-photoFirst-videoHr-1Hr-10Hr-5 Stoney said...

Nachista,

Great! They didn't know who they were taking on.

Still, I miss the good old days when you viciously mocked and belittled your co-workers. Can everything suddenly be that good?

April 07, 2009 11:23 AM
800 10photoviewsCom-100Com-300Com-500First-comFirst-photoFirst-reviewHr-1Hr-10Hr-5 Michael said...

Doc: I think the amount of complaining could largely depend on the "momma" in question.  I've tasted MRE's, and I've tasted my mother's cooking.  I would have complained too.

April 07, 2009 11:23 AM
10photoviewsFirst-comFirst-photoHr-1 pastisprologue said...

Max - deeply appreciate your thoughts. 
 
Coyotemike - my husband was living in barracks when we first met and they were truly disgusting!  Now that I think about it, perhaps our relationship progressed a bit faster due to his intent to move out of the barracks.  Sadly, I believe the recent DOD budget cuts that were meant to make the military more efficient are going to filter down to the lowest common denominator:  our guys and gals doing the heaviest lifting for the smallest pay. 

April 07, 2009 11:24 AM
Com-100Com-300First-comHr-1Hr-10Hr-5 Gia said...

A little love for Michigan State who had a great tournament run, couldn't hurt.

April 07, 2009 11:32 AM
800 10photoviewsCom-100Com-300Com-500First-comFirst-photoFirst-reviewHr-1Hr-10Hr-5 Michael said...

Pastisprologue: That might be, but everything I've heard about the cuts is about removing outdated equipment and (just got this from NPR this morning while somewhat asleep) replacing a whole slew of different planes with one sort of Uber-Plane which will somehow (don't ask me how) replace both cargo and fighter type jets.

April 07, 2009 11:35 AM
10photoviewsFirst-comFirst-photoHr-1 pastisprologue said...

Coyotemike - I really hope the moves are constructive but the one thing I've learned in my experience as a military brat and the spouse of a serviceman is to "wait and see."  Keeping my fingers crossed for the best, though!

April 07, 2009 11:37 AM
800 10photoviewsCom-100Com-300Com-500First-comFirst-photoFirst-reviewHr-1Hr-10Hr-5 Michael said...

Pastisprologue: If nothing else, just keep talking about the problems.  The more people that know, the more pressure can be put on those who sign the checks.

April 07, 2009 12:26 PM
First-comHr-1Hr-5 lewisjones said...

I just wish this amendment could apply to friends and relatives who abuse my good disposition by announcing their impending visits at the last minute.

more on the honor roll
April 07, 2009 12:40 PM
Com-100Com-300First-comHr-1Hr-10Hr-5 Gia said...

I know them. They're over at my house when they're not at yours.

April 07, 2009 12:44 PM
3905 10photoviews10videoviewsCom-100Com-300Com-500First-comFirst-photoFirst-videoHr-1 cuukoo1 said...

the 1st amendment come to my mind.

April 07, 2009 2:02 PM
P8041286 10photoviewsCom-100Com-300First-comFirst-photoHr-1 IvyGailWinds said...

"Three hots and a cot,":Not every soldier follows this housing rule, my 1790's home along the inter-coastal waterway, houses a soldier in uniform, (must be a visionary spirit), that frequently visited my daughter between the ages of 4 yrs. of age and 7. I heard stories that he was there protecting her with a watchful eye. She was a great tree climber and swung numerous occasions upside down in her favorite bush tree in front of our emarld green shutters on the Port Republic facing water larks in the sky! The oldest child confirmed her findings with imaginative rants of the unsung hero stories of this man in uniform...that he helps her sister from trouble....could it be..the daughters called him "the keeper of the house," and he had kept keys on a fine golden chain with garnets that held a royal round gold watch and vinegar locket. My great grandmother, Mary Evelyn would of admired such a watchful soldier with a garnet gold chain. Refreshing to know that there are good helpful protectors of this Earth.

April 07, 2009 2:09 PM
3960 First-com JTD said...

gov'ment done put that GI in my house?  not today, no how no way.

April 07, 2009 2:33 PM
Bwme 10photoviewsCom-100Com-300Com-500First-comFirst-photoHr-1Hr-10Hr-5 nachista said...

Stoney I'm trying to turn over a kinder, gentler leaf...its not working but I'm trying!  The idiocy of co-workers and clients has become so redundant as to seem normal...its very numbing. 
 
The funniest thing I've heard lately is a young man who came into our office holding the title to his car and asking for a loan.  We spent 15 minutes explaining that we didn't do car title loans, we don't do title loans PERIOD.  He got angry and said "Fine I'll take my business elsewhere" and he stormed out, about a minute later he stomped back in, grabbed a handful of the free pens and highlighters we have sitting up front and stomped out again.

April 07, 2009 2:35 PM
Bwme 10photoviewsCom-100Com-300Com-500First-comFirst-photoHr-1Hr-10Hr-5 nachista said...

Stoney, we also have a new employee that is the cause of much eye-rolling.  He is incapable of completely a sentence without using the words...Dude, Sweet, Awesome, and Bro.  No he is not from the San Fernando Valley, Yes we wish he would move there to be with his own kind.

April 07, 2009 3:03 PM
39steps3 10photoviews10videoviewsCom-100Com-300Com-500First-comFirst-photoFirst-videoHr-1Hr-10Hr-5 Olivia said...

Whoa, Suz, like, I don't like see what the like problem is with that, dude. When you like said that, first I was like whoa, awesome, but now I'm like, whoa, totally down with it. 
Sweet.

April 07, 2009 3:05 PM
Bwme 10photoviewsCom-100Com-300Com-500First-comFirst-photoHr-1Hr-10Hr-5 nachista said...

Since I'm off on my own co-worker tangent anyway...High heels, LEARN to walk in them without stomping!
 
We have 2 women who work for us that dress very fashionably, they wouldn't be caught dead without their Prada bags and they never wear the same pair of heels more than once a month.  The thing is that they never learned how to walk gracefully in their very expensive shoes, and they stomp around like a straight guy in drag.  I can tell who is walking up behind me by the sound of their footsteps.
 
We also have a "no barefeet" policy, but several female employees who tend to wear beautiful shoes that hurt their feet, by lunch their shoes are kicked off under their desks.  This morning there was one such employee, shoeless at her desk, when a customer walked in from the back door and startled her.  She tried to slip her shoes back on and stand up at the same time and she ended up falling over and knocking her chair over and splitting her skirt in the process.
 
*sigh* somedays I wish we had security cameras just so we could film all of these and put together a "best of" gag reel for the christmas party.

April 07, 2009 3:12 PM
Bwme 10photoviewsCom-100Com-300Com-500First-comFirst-photoHr-1Hr-10Hr-5 nachista said...

Olivia...like totally.

April 07, 2009 3:38 PM
First-com leonard92706 said...

The Third Amendment actually got a mention on TV. Don Johnson played a San Francisco detective in Nash Bridges (1996-2001). A prisoner he and Cheech Marin were hauling around complained his Third Amendment rights were being violated. Nash set him straight by quoting the amendment. 

April 07, 2009 4:36 PM
3905 10photoviews10videoviewsCom-100Com-300Com-500First-comFirst-photoFirst-videoHr-1 cuukoo1 said...

although they may be quartered in cubes, i send love to all those who dare to be unique in a cookie cutter workplace.  to walk in someone elses shoes? or heels? or even shuffle? or stutter? more power to them, for trying!!!!! love and peace to any and all that give their life a personal stamp! 

April 07, 2009 4:36 PM
Stage_2 10photoviewsCom-100Com-300Com-500First-comFirst-photoHr-1Hr-10Hr-5 JALOPKIN said...

Where and how Soldiers are housed, and when, may change considerably now that another Stae has legalized Gay Marriage ....... Gives a whole new meaning to, Moonlight In Vermont .......
 
And just when I thought things might be looking up ... Now it seems that The Masters' is not going to be blessed this year with all the MegaBuck Corporate Money of years past ...
All of Bobby's Pretenders will be denied it seems, the Caligular Hospitality Rooms/Houses that they have long been accustomed to, and settle for Chuck E. Cheese over on Wrightsboro Road .......

 
Wonder how Tiger does at Ski Ball and Whack-A-Mole??? Inquiring Minds Want To Know

April 07, 2009 4:56 PM
3905 10photoviews10videoviewsCom-100Com-300Com-500First-comFirst-photoFirst-videoHr-1 cuukoo1 said...

hind sight, oh hind sight, as i look back at my mothers face as i drove off in a ss malibu, with a young buck headed to the university at 17.  bra burning, free love, smoking and chugging.  i look in her eyes now with empathy.  what on earth is this world coming to.  my early childhood is one as an officers child.  born in a camp in the south, raised in germany by those higher up nannies, then back to the states for the teen years kennedy and the bomb drills, and there was vietnam and rock and roll. 
 
i heard the other day a young whipersnapper saying it was all the baby boomers fault.
 
well, i'm off to yoga, gonna take this **** to the mat.

April 07, 2009 5:00 PM
1014 10photoviews10videoviewsCom-100Com-300Com-500First-comFirst-photoFirst-reviewFirst-videoHr-1Hr-10Hr-5 karma swim swami said...

Nachista,
 
Please don't become kinder or gentler. We like you just exactly as you are.

April 07, 2009 5:02 PM
1014 10photoviews10videoviewsCom-100Com-300Com-500First-comFirst-photoFirst-reviewFirst-videoHr-1Hr-10Hr-5 karma swim swami said...

TCM ran Easy Rider last night, and I grew irritable because every person had a referral appelation like "man," "bro," "pal," "dude."

April 07, 2009 5:29 PM
10photoviews10videoviewsCom-100Com-300Com-500First-comFirst-photoFirst-videoHr-1Hr-10Hr-5 Stoney said...

 
leonard92706,

If you check Willie Trask's earlier post, it is clear where Johnson came up with that knowledge. And, nice to hear from you.


Yay, Nacho!

That's the spirit. I had a feeling that you weren't mysteriously surrounded by competents.

April 07, 2009 5:43 PM
Bwme 10photoviewsCom-100Com-300Com-500First-comFirst-photoHr-1Hr-10Hr-5 nachista said...

Stoney, Mark...the sad thing is that I make as many mistakes as anyone, I just gripe more...but albeit in an amusing fashion.  Darn this pesky being human stuff.

April 07, 2009 6:00 PM
Bwme 10photoviewsCom-100Com-300Com-500First-comFirst-photoHr-1Hr-10Hr-5 nachista said...

What does the constitution say about housing Irish law students? 
 
A friend of mine has a son who is just starting law school in Ireland, they are requiring him to do 2 internships, one at home and one abroad.  My brother said he could come work for our company to learn land law, but he has to find a place to live first, I'm trying to find a way to talk my parents into letting him stay with them so he doesn't have to live in our tiny cramped zoo of a house.

April 07, 2009 6:14 PM
Poison_dart_frog_2 10photoviewsCom-100Com-300Com-500First-comFirst-photoHr-1 Miss Blue said...

Maybe we can use the 'third" to keep the Government out of our bedrooms and refrigerators.
nachista.
http://www.youtube.com/watch?v=nGt9jAkWie4&NR=1
 

April 07, 2009 7:00 PM
293 10photoviewsCom-100Com-300Com-500First-comFirst-photoHr-1Hr-5 rings90 said...

I love Whack a Mole ~ I'll take Tiger on in that game any day of the week.....
 
http://www.youtube.com/watch?v=yvp6YXagXag
 
Nachista ~ You are kind & gentle enough and are more than allowed to vent whenever you feel like it ~ Dempster is pitching tonite ~ not sure how I feel about that ~ Maybe we should have a amendment that you can house MLB coaches to help them out at your free will....
 
 
 

April 07, 2009 7:23 PM
1046 10photoviewsCom-100Com-300Com-500First-comFirst-photoHr-1Hr-10Hr-5 Willie Trask said...

Thanks, Stoney, I have been away all day, much of it listening to a gent whose wife wrote a paper on "The Two Fourth Amendments" i.e., the one that applies to drug searches and the one that applies to everything else.  My guess is, she could have written on on the four third amendments, one for each branch, but  ended up playing "quarters" with a bunch of Marines or something. I looked for a link to the song, but I guess y'all are going to have to do what Stoney did and watch the movie. BTW, Stoney, I think she was able to appear less intelligent by leaving off her glasses- and I think DJ wore his to reveal his true intellect- like Johnny Depp sometimes does.

April 07, 2009 9:02 PM
Stage_2 10photoviewsCom-100Com-300Com-500First-comFirst-photoHr-1Hr-10Hr-5 JALOPKIN said...

WILLIE TRASK
 
Don Johnson is a whole lot smarter than he lets on, and as for Melanie Griffith ... she's just for the Birds .......

April 07, 2009 10:33 PM
10photoviewsCom-100First-comFirst-photoHr-1 unhinged said...

Okay, I see the levity here while talking about little litigated amendment, but a very important one to me.  This probably was probably only tested in the civil war and seems about as important as the right to arm bears, but.... if it werent there.  The fact it hasnt been tested or tested little is amazing.
 
As Trask can testify my mind is shot for a few days.  Day three, concluding soon, another success.  And a prison window bid in the morning.  They may send me back to prison soon Willie, wish me luck.  Rock on PE!

Prime Web

Constitution of the United States

Constitution of the United States emory.edu Take a look at an interesting article we found.

Bill of Rights

Bill of Rights archives.gov Take a look at an interesting article we found.

The Third Amendment: Forgotten but Not Gone

The Third Amendment: Forgotten but Not Gone tomwbell.com Take a look at an interesting article we found.

Honor Roll


I just wish this amendment could apply to friends and relatives who abuse my good disposition by ...

-lewisjones

Apr. 07, 2009 12:26 PM

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