Amendment III to the U.S. Constitution
"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."
A Brief History of the Third Amendment
, by Jol A. Silversmith, May 2000
"... the Third Amendment has proven to be one of the least-litigated sections of the Constitution. The Supreme Court has never directly reviewed the meaning of the amendment ... [It] has been cited in passing in other cases, most notably opinions arguing that there is a constitutional right to privacy ..."
Benjamin Franklin: The Man Who Invented the American Dream
, by Jim Powell
, The Freeman
, Apr 1997
Lengthy biographical essay, including a section on the posthumous publication and reaction to Franklin's Autobiography
"Parliament tried again to assert its supremacy over the colonies. It passed a Quartering Act that empowered the British commander in America to demand lodgings for his soldiers. In June 1767, Parliament enacted new colonial taxes on glass, lead, paint, paper, and tea. Franklin urged some kind of conciliation, but back in the colonies Boston patriots Samuel Adams and James Otis spurred the Massachusetts Assembly to call for renewed resistance against British policies. Public opinion radicalized after the Boston Massacre, in which British soldiers killed five Boston patriots."
Related Topics: John Adams
, American Revolutionary War
, United States Constitution
, United States Declaration of Independence
, Benjamin Franklin
, John Hancock
, Thomas Jefferson
, Thomas Paine
, George Washington
The Bill of Rights: Antipathy to Militarism
, by Jacob Hornberger
, Future of Freedom
, Sep 2004
"... what is relevant ... today is the mindset that underlay the passage of that amendment — ... deep antipathy toward militarism and standing armies. ... on the minds of our ancestors was the primary means by which governments had historically subjected their people to tyranny — through the use of the government's military forces."
The Great Writ Then and Now
, by Wendy McElroy
, The Freeman
, Nov 2009
Chronicles the history of the writ of habeas corpus from the Magna Carta through the American Civil War to Guantanamo Bay and "enemy combatants"
"... the lawyer and parliamentarian Sir Edward Coke ... was a passionate advocate of common law ... In 1628 he helped to draft the Petition of Right, which became a foundational document of the English Constitution. The Petition detailed the specific liberties of freemen, which legally constrained the king. For example, martial law could not be declared during a time of peace ... When drafting their own documents to ensure liberty, the Founding Fathers drew heavily on his ideas. For example, the Third Amendment of the Bill of Rights derives from the Petition of Right’s ban on billeting troops."
The Third Amendment and the Issue of the Maintenance of Standing Armies: A Legal History
, by William S. Fields, David T. Hardy, American Journal of Legal History
"... the grievance against the involuntary quartering of soldiers was in essence an individual complaint, the ramifications of which affected specific citizens who were forced to suffer its onerous burdens. The question ... was one involving the civil rights of the individual citizen versus the power of the government."
The Third Amendment: Forgotten but Not Gone
, by Tom W. Bell, William & Mary Bill of Rights Journal
, Jul 1999
"Part II ... reveals that a mystery surrounds the Third Amendment's ratification: why did Congress turn down James Madison's comprehensively worded amendment for a version that fails to specify what limits apply to quartering at times when the country is neither at peace nor officially at war?"