Ooops... the message below was sent to m.l.m but got lost in my inbox.
-----------------------------
From: RichD <r_delaney2001@yahoo.com>
Has the third amendment to the Bill of Rights ever
been referenced in a court opinion?
--
Rich
https://constitutioncenter.org/interactive-constitution/interpretation/amendment-iii/interps/123
The Third Amendment seems to have no direct constitutional relevance at present; indeed, not only is it the least litigated amendment in the
Bill of Rights, but the Supreme Court has never decided a case on the
basis of it.
On 2/20/2022 6:28 PM, Roy wrote:
Ooops... the message below was sent to m.l.m but got lost in my inbox.
-----------------------------
From: RichD <r_dela...@yahoo.com>
Has the third amendment to the Bill of Rights ever
been referenced in a court opinion?
On Monday, February 21, 2022 at 9:41:34 AM UTC-5, Roy wrote:
https://constitutioncenter.org/interactive-constitution/interpretation/amendment-iii/interps/123
The Third Amendment seems to have no direct constitutional relevance at
present; indeed, not only is it the least litigated amendment in the
Bill of Rights, but the Supreme Court has never decided a case on the
basis of it.
What does it mean, "no direct constitutional relevance".
https://constitutioncenter.org/interactive-constitution/interpretation/amendment-iii/interps/123
The Third Amendment seems to have no direct constitutional relevance at >present; indeed, not only is it the least litigated amendment in the Bill
of Rights, but the Supreme Court has never decided a case on the basis of
it.
On 2/20/2022 6:28 PM, Roy wrote:
Ooops... the message below was sent to m.l.m but got lost in my inbox.
-----------------------------
From: RichD <r_delaney2001@yahoo.com>
Has the third amendment to the Bill of Rights ever
been referenced in a court opinion?
--
Rich
What about the 27th Amendment? Has that ever been litigated directly?
According to Rick C <gnuarm.deletethisbit@gmail.com>:
On Monday, February 21, 2022 at 9:41:34 AM UTC-5, Roy wrote:
https://constitutioncenter.org/interactive-constitution/ interpretation/amendment-iii/interps/123
The Third Amendment seems to have no direct constitutional relevance
at present; indeed, not only is it the least litigated amendment in
the Bill of Rights, but the Supreme Court has never decided a case on
the basis of it.
What does it mean, "no direct constitutional relevance".
It means you should read the article that that sentence was taken from
rather than guessing.
A more interesting question is why the Third Amendment was needed. The Federal goverment has only the powers enumerated in the constitution,
and it is hard for me (and for many others) to see where they would have
the authority to quarter troops without the consent of the property
owner.
A more interesting question is why the Third Amendment was needed. ...
I thought a lot of the constitution was drafted in the light of British >tyranny. And one thing good old King George did was quarter soldiers (and >expect householders to pay for them) on pain of imprisonment ?
Similarly the second amendment is a reaction to the British trying to ban >guns.
A more interesting question is why the Third Amendment was needed. The Federal goverment has only the powers enumerated in the constitution,
and it is hard for me to see where they would have the authority to quarter
troops without the consent of the property owner.
Similarly the second amendment is a reaction to the British trying to ban
guns.
That's what the current folklore says, but that is false. Recall that the first clause
refers to "a well regulated militia."
The actual reason was that the slave states used armed state patrols to put down slave
revolts and feared that abolitionists in the north would outlaw state militias
and so make them unable to keep their slaves under control.
https://constitutioncenter.org/interactive-constitution/interpretation/amendment-iii/interps/123
The Third Amendment seems to have no direct constitutional relevance at present; indeed, not only is it the least litigated amendment in the
Bill of Rights, but the Supreme Court has never decided a case on the
basis of it.
A more interesting question is why the Third Amendment was needed.
The Federal goverment has only the powers enumerated in the
constitution, and it is hard for me (and for many others) to see
where they would have the authority to quarter troops without the
consent of the property owner.
https://constitutioncenter.org/interactive-constitution/interpretation/amendment-iii/interps/123
The Third Amendment seems to have no direct constitutional relevance at present; indeed, not only is it the least litigated amendment in the
Bill of Rights, but the Supreme Court has never decided a case on the
basis of it.
On 2/20/2022 6:28 PM, Roy wrote:
Ooops... the message below was sent to m.l.m but got lost in my inbox.
-----------------------------
From: RichD <r_dela...@yahoo.com>
Has the third amendment to the Bill of Rights ever
been referenced in a court opinion?
From the link above, Brown University's Professor Wood writes about the privacy implications of the Third Amendment. Litigation involving privacy rights is where the Third seems to come up most often. But I see also some SCOTUS opinions that rely in part on the Third to defend real property rights, and at least one opinion that I think speaks of the Third in the context of limiting the President's power.
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