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The 'I' of the poem is the soldier. He calmly addresses the possibility of death, which is a reality most people prefer not to face.
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- Overview
- The Third Amendment Was in Response to British Quartering Acts
- Legal History of the Third Amendment
- HISTORY Vault: America the Story of Us
The Third Amendment addressed colonists’ grievances with British soldiers, and has since played only a small role in legal cases.
The First and Second Amendments get a lot of attention, but the Third rarely comes up in court. It reads, in full: “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.”
Between 1754 and 1763, the British Empire sent tens of thousands of soldiers to its American colonies to fight the French and Indian War for control of the Ohio River valley. Afterward, many of these soldiers continued to live as a standing army in the 13 colonies. In 1765, the British Parliament passed a Quartering Act requiring the colonies to feed and house these soldiers.
“The colonists were to provide barracks for the soldiers, and if they were not available, the troops were to be billeted in inns, stables, and alehouses,” writes Gordon S. Wood, a professor of history emeritus at Brown University, for the National Constitution Center. “[I]f these were insufficient, the governors and councils of the provinces were authorized to use uninhabited houses, barns, and other buildings to lodge the soldiers.”
This act was unpopular in the colonies, especially after the 1770 Boston Massacre in which British troops fired on a crowd and killed five people. In response to growing unrest in the colonies, Parliament introduced an even more invasive Quartering Act in 1774 as part of the so-called “Intolerable” or “Coercive Acts.”
The first Continental Congress met in Carpenter's Hall, Philadelphia to define American rights and organize a plan of resistance to the Coercive Acts imposed by the British Parliament.
This quartering was among the grievances Thomas Jefferson listed in the Declaration of Independence. Specifically, he accused King George III of keeping “among us, in Times of Peace, Standing Armies, without the Consent or of our Legislatures,” and “quartering large Bodies of Armed Troops among us.”
After the American Revolution, the constitutional framers debated whether the United States should even have a standing army. The federalists won that debate, but James Madison wrote the Third Amendment for the Bill of Rights to guarantee that the federal government couldn’t force local governments, businesses and citizens to house U.S. soldiers.
A cartoon from June 3, 1952 when the Supreme Court ruled the president didn’t have the authority to seize private property without an act of Congress.
Since the Third Amendment’s ratification in 1791, the U.S. Supreme Court has only mentioned it a couple of times. One instance is the 1952 case of Youngstown Sheet & Tube Company v. Sawyer. In order to sabotage a national steel strike during the Korean War, President Harry Truman had issued an executive order to seize and operate the country’s steel mills.
The court ruled the president didn’t have the authority to seize private property without an act of Congress. In the majority opinion, Justice Robert H. Jackson used the Third Amendment, which prohibited forcible quartering during wartime without congressional approval, to illustrate the court’s decision: “even in war time, his seizure of needed military housing must be authorized by Congress.”
In the 1965 case of Griswold v. Connecticut, the court argued that the First, Third, Fourth and Ninth Amendments suggested a right to privacy, and that this gave married couples the right to use contraception.
“The Third Amendment in its prohibition against the quartering of soldiers ‘in any house’ in time of peace without the consent of the owner is another facet of that privacy,” wrote Justice William O. Douglas in the majority opinion.
Although the U.S. Supreme Court has never weighed in on who counts as a “soldier” under the Third Amendment, a couple of lower courts have, creating precedents that the Supreme Court could cite in future cases.
America The Story of Us is an epic 12-hour television event that tells the extraordinary story of how America was invented.
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- Becky Little
It suggests the individual’s right of domestic privacy—that people are protected from governmental intrusion into their homes; and it is the only part of the Constitution that deals directly with the relationship between the rights of individuals and the military in both peace and war—rights that emphasize the importance of civilian control over...
This report explores how the term citizen soldier has been defined in academic literature—as compulsory, universal, legitimate service by civilians—and then looks at how the National Guard has evinced these attributes at various periods in its history.
People also ask
What is a citizen soldier?
Why do citizen soldiers embody the will of the people?
Why did the British send soldiers to the American colonies?
Citizen‐Soldier. The concept of the “citizen‐soldier” is based on the notion that citizens have the obligation to arm themselves to defend their communities or nations from foreign invaders and from domestic tyrants.