The weird and outdated Amendment to the Constitution, the one nobody remembers or cares about anymore. The 3rd Amendment that talks about it being illegal to house soldiers in citizens homes during times of war.
Well, that sure sounds kinda strange to me, especially these days, all those years after the Revolutionary War of Independence.
Must have been I portant to the folks that lived over 250 years ago, fighting for their liberty and freedom from a King and country who had sent their military here. It was normal back then, for the military to “take” homes over and live in peoples houses, because frankly it was easier and quicker than building their own barracks or live in tents.
People at the time had no say, or protection, from the solders that arrived from over seas. The owners of the homes lost any privacy and protection of their own property.
The Founding Fathers and authors of those early governing documents were so impacted by what had happened, they felt it important enough to include it in the Constitution. The very nature by which, they were attempting to establish not only a list of inalienable ”rights” of the people, but also a list of “limitations” of the new government being formed.
The 3rd Amendment is essentially the basis for the Right to Privacy, and the Right to Protect your Property from the military (if for some reason, the government ever decided it was okay to simply take your home for their purposes).
Now days, the rights of “the people” have been often extended to include businesses, enterprises, and corporations with individuals. Legally, those are now considered separate entities with some of rights protected under the Constitution. The government cannot simply walk in anymore, regardless of federal, state, or local authority, because a legal search & seizer or warrant is required – even for any non-governmentally owned building.
Some say, that the Right to Privacy protects owners from the government having the right to stop whatever is going on behind closed doors, but that Right to Privacy is obviously not extended or meant to protect non-legal activity.
Today, the Trump Administration has decided to use the National Guard within the borders of our country. This use of the military isn’t new, it has been done by a number of Presidents in the past. It was used in the past when the local and state governmental leaders requested assistance to help the local and state police enforcement agencies. Sometimes, because of the shear number of troops needed, or because of political pushback from local or state agencies that would not support the actions being requested by the administration.
Currently, in a number of cities the deployment of the National Guard is not being done by request if the local or state governments, but instead by a vengeful President and Administration who believe it is within their power to do so, by using the excuse that they are “protecting” federal property and workers.
Those properties and workers being protected are associated with ICE. An agency created for the purpose of Immigration Control. With this Administration, ICE has led the charge in finding, capturing, and deporting immigrants that do not have legal status to be in the United States. Immigration is handled primarily by the Federal government because Immigration falls under their jurisdiction, not State or Local jurisdiction. Funds are appropriated by the Federal government.
ICE has been instructed by this Administration to complete their mission using whatever force is necessary to do so. During their many search and seizure raids they have completely ignored the Constitutional rights of both citizens and non-citizens. From deporting the wrong person to locking up legal citizens, without cause, and without providing the person their legal rights – and it has caused many citizens to notice and object by holding protest rallies.
The physical abuse that ICE has been doing has also been caught on camera by others that later shared it, and has added fuel to the fire. So, in order to quell the possibility of anything getting more out of hand, the Federal government has issued orders to the National Guard to be deployed to protect the ICE agents and buildings being used from any potential uprising and damage caused by the peaceful protestor’s actions.
I have always supported the need for having a National Guard. I thought it is a far better idea to be prepared for foreign conflict by having one. I haven’t been a proponent in the past of the rights to create a citizen Army called a State militia.
The idea one is needed goes back to the mistrust from those early citizens for any authority over them federally. Many wanted the right to maintain their own militia in case the federal government, or any foreign government, tried to take over their land or take their rights away. Over 250 years later, that concern may actual have merit.
Unfortunately, the reality that a citizen militia could ever be effective against the type of powerful weapons available to everyone except themselves leaves the notion of a citizen militia rather mute, without breaking multiple laws governing the kinds of weapons actually needed to fight back with.
It was written that the 3rd Amendment
- Supports a right to privacy:Some legal scholars, argue that the Third Amendment is one of the bases for the fundamental right to privacy, along with other amendments.
- Sets a legal precedent:Lower court rulings, like Engblom v.Carey, have established that the National Guard can be considered “soldiers” under the amendment and that it applies to the states, creating a foundation for future cases.
- Symbolic importance:It remains a reminder of the founders’ distrust of a large standing army and the principle that civilians are ultimately in control of the military.
But, the 3rd Amendment does allow for a way for people to push back by limiting what and where the military is allowed to do certain things.
For instance, companies and people, do not have to allow the ICE or the National Guard to enter their homes or places of business to sleep, or to eat, or even to go to the bathroom. When troops showed up in Chicago, some were denied access and informed they were not welcome to some restaurants that were synpathetic to the Immigrants cause.
Unbeknownst to many, that action is protected by the 3rd Amendment which
Protects against government intrusion: The amendment reinforces the idea that citizens’ homes are private and protected from government control. This includes all private buildings including businesses.
As it ends up, the weird 3rd Amendment might actually be more appropriate in dealing with government over reach than I initially thought. Imagine the line to use the bathroom in the Federally owned buildings used by ICE, and protected by the hundreds of National Guard. They better start buying a lot more toilet paper.