Hi, could you explain a bit about this whole 3rd ammendment thing? I'm not American and I'm not sure what's going on any more, but I'd like to understand.
No problem! It’s probably dreadfully confusing for someone not from the ‘states.
The entire system of US law is based on our Constitution. The Constitution consists of the original text and also 27 amendments. (It was understood that the Constitution would need amending in order to meet new needs and issues over the years, so process for doing so was laid out from day 1)
Amendments 1-10 of the Constitution are known as the “Bill of Rights”, and lays out the rights that are held as inherent to all American citizens. (Though, of course, there’s been a great deal of selective choosing of who counts as a citizen and therefore who can claim those rights over the centuries, and of course a good deal of selective ignorance where it benefited certain groups.) They are as follows;
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
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.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
As you can see, the third amendment states that American citizens cannot be forced to house troops in their homes in times of peace, and even in times or war or emergency such a move would have to be cleared by Congress, and would only hold for the duration of whatever emergency or war was occurring. (And even then, knowing Americans, we’d fight it every step of the way.)
This was originally an issue during the Revolution because England would billet troops in the houses of private citizens wherever and whenever they liked. This was a financial drain on the people who had troops take over their homes and inns, and also a very good way of keeping an eye on people the English wanted an eye kept on. Also, very demoralizing for the people who were being forced to house soldiers.
So it was specifically laid out that no citizen could be forced to house or feed soldiers. Public lands and inns were also covered under this, as has been upheld in case law in 1952.
All in all, however, it has been viewed sort of as a quaint little relic of an age gone by that doesn’t apply to the modern world.
So. Fast forward to now. Soldiers from the national guard are sent to stay in a hotel in Washington DC and the local government is told that they will have to pay for it. The taxpayers in DC, told that they’re going to have to pay for this, go “Excuseth me, I think the fuck not.” The third amendment, to everyone’s surprise, is suddenly relevant again.
“But we need them!” The local cops whine.
“Third Amendment of the Constitution, bitch.” Says the Mayor of DC. “They can pack their shit and get out.”
“THIS.” (hurling a copy of the Constitution at their face)
“But where will they STAY?”
“Dunno don’t care, but the City of DC ain’t paying for it and you can’t make us.”
And in a nutshell that’s where we are at now.
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