6 ms·

Comedy option: 3rd amendment defense. ("No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but

Comedy option: 3rd amendment defense. ("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.")

ctdonath 10y ago
Not comedy. One reason for "quartering soldiers" was to obtain evidence and to intimidate within a private space. I've long held any form of broadly imposed in-privacy monitoring (including compulsory back door keys) is a 3rd Amendment violation, especially if the individual is practically paying for it.
- clarkmoody 10y ago
  It would be really interesting to see a legitimate 3rd Amendment challenge come before the courts in our time.
  - deleted 10y ago
    [deleted]
  - mindslight 10y ago
    Mitchell v. City of Henderson. Now every last amendment from the Bill of Rights has been discarded.
    - whoopdedo 10y ago
      Is there anything in the Constitution applicable to open government? I ask because the case is locked behind PACER. ... Or is it? http://www.leagle.com/decision/In%20FDCO%2020150203D28/MITCHELL%20v.%20CITY%20OF%20HENDERSON http://www.leagle.com/decision/In%20FDCO%2020150203D28/MITCH...
      - mindslight 10y ago
        Wikipedia and news articles should give you the details. I'd say lack of access to law (as well as its unbearable complexity) is an issue of due process and the fundamental rule of law. But you can't look to the Constitution to dictate everything - its drafters could not anticipate all future developments, and if the government is that citizen-hostile a piece of paper won't stop it. That which the Constitution does specify should be considered more as "behavioral tests", and currently the majority of our test report is failure.
    - rev_bird 10y ago
      For what it's worth, the Third Amendment claims were thrown out: http://www.reviewjournal.com/news/las-vegas/judge-police-takeover-henderson-homes-not-covered-third-amendment http://www.reviewjournal.com/news/las-vegas/judge-police-tak...
- jbattle 10y ago
  The counter-point presumably being that law enforcement are not soldiers? Maybe the 3rd amendment has been interpreted as applicable to all government agents.
  - deleted 10y ago
    [deleted]

Comedy option: 3rd amendment defense. ("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.")

ctdonath 10y ago

Not comedy. One reason for "quartering soldiers" was to obtain evidence and to intimidate within a private space. I've long held any form of broadly imposed in-privacy monitoring (including compulsory back door keys) is a 3rd Amendment violation, especially if the individual is practically paying for it.

clarkmoody 10y ago
It would be really interesting to see a legitimate 3rd Amendment challenge come before the courts in our time.
- deleted 10y ago
  [deleted]
- mindslight 10y ago
  Mitchell v. City of Henderson. Now every last amendment from the Bill of Rights has been discarded.
  - whoopdedo 10y ago
    Is there anything in the Constitution applicable to open government? I ask because the case is locked behind PACER. ... Or is it? http://www.leagle.com/decision/In%20FDCO%2020150203D28/MITCHELL%20v.%20CITY%20OF%20HENDERSON http://www.leagle.com/decision/In%20FDCO%2020150203D28/MITCH...
    - mindslight 10y ago
      Wikipedia and news articles should give you the details. I'd say lack of access to law (as well as its unbearable complexity) is an issue of due process and the fundamental rule of law. But you can't look to the Constitution to dictate everything - its drafters could not anticipate all future developments, and if the government is that citizen-hostile a piece of paper won't stop it. That which the Constitution does specify should be considered more as "behavioral tests", and currently the majority of our test report is failure.
  - rev_bird 10y ago
    For what it's worth, the Third Amendment claims were thrown out: http://www.reviewjournal.com/news/las-vegas/judge-police-takeover-henderson-homes-not-covered-third-amendment http://www.reviewjournal.com/news/las-vegas/judge-police-tak...
jbattle 10y ago
The counter-point presumably being that law enforcement are not soldiers? Maybe the 3rd amendment has been interpreted as applicable to all government agents.
- deleted 10y ago
  [deleted]