Friday, July 12, 2013

A Nevada Man Says His 3rd Amendment Rights Were Violated. Wait, What? | Mother Jones

A Nevada Man Says His 3rd Amendment Rights Were Violated. Wait, What? | Mother Jones
The Third Amendment to the United States 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."
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And:  "Last week, a homeowner in Henderson, Nevada, filed a lawsuit in federal court alleging that police had violated his Third Amendment rights by forcibly entering his home to gain a "tactical advantage" in resolving a domestic violence incident next door."

The Third Amendment is hardly ever mentioned in constitutional jurisprudence. You could argue that it shows how anachronistic our Constitution is, in certain ways.  You see these very specific little provisions that don't make much sense out of their context in a particular time and place. But that also makes it all the more impressive that the broad phrases of the Constitution, the big, sweeping clauses like the Due Process Clause, Necessary and Proper Clause, and others, provide enough flexibility that we still have the same Constitution after all these years.

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