Saturday, June 21, 2014

Post Constitutional Era! Part XXVIII

Amendment 3 - Quartering of Soldiers

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.

"According to the GPO, this is one of the least cited parts of the Constitution in federal case law. The only one the GPO does cite is an interesting case that is actually fairly recent (Engblom v. Carey [2nd Circuit Court]). In 1982, a group of prison guards went on strike in New York. Some of these guards rented housing from the prison, in a building about a half mile from the prison. When the guards struck, the National Guard was activated by the Governor to take over for the guards. The quarters rented by the guards were used to house the soldiers. A pair of the prison guards sued the Governor and several other officials on the basis that the 3rd Amendment had been violated, and that they had been denied due process under the 14th Amendment. In state court, the claim was summarily dismissed."

"On appeal and reappeal, the Circuit Court upheld the lower court's ruling, and found that the 3rd Amendment had not been violated for several reasons; primarily, they found that the rented apartments were not required to be used (unlike the apartment of, say, a building super), and that in no other way did the guards "own" the property the soldiers were housed in (this being a traditional test of whether someone's rights of property are being violated). On the question of due process, the Court had other opinions that you can research if you are interested.  Go to this point in the Constitution."

 

No comments: