Third Amendment

Third Amendment


Third Amendment

The Third
Amendment of the Constitution of the United States is one that arose directly
out of the conflict with Britain that resulted in the American Revolution.
Before the Colonies successfully gained their independence, Britain imposed the
Quartering Act, which forced American families to take in British soldiers into
their homes and provide them with room and board.

The British
imposed themselves on the private dwellings of families, and often took advantage
and abused the extent of this imperialistic provision created by the British.
This was evident specifically during the French and Indian War, when members of
the British military would force families into providing them housing and would
take quarters in private homes without authorization or permission granted form
the owners. The Third Amendment would come into creation as a way to protect
these circumstances from occurring again by prohibiting the practice under
United States legislation.

The Third Amendment explicitly states, “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.” Arising from previous tensions created by the Quartering Act and
citizens of the Thirteen Colonies, the Forefathers of the Constitution took it
into consideration and barred the practice by law.

At the time,
the illegal and forceful quartering of British soldiers was a form of
oppression and tyranny by the British Empire, as was deemed an outrage by
American citizens. It was even transcribed in the United States Declaration of
Independence as one of the grievances against the King. They would view this as
an invasion of privacy and trespassing on private property, which was
considered as unlawful and abusive in the eyes of the Colonialists.

However, it cannot be denied that the Third
Amendment is one that has outlived its purpose as far as its application in
modern times is concerned. The inclusion of the Third Amendment is directly
associated with the time period in which i was written and has not been applied
or enforced, simply because the necessity has never arisen since then.

The Third
Amendment has little, if any, relevance or purpose today. However, in the early
1980s the Third Amendment was used in a court case regarding the housing of
National Guard members that were employed during a strike by New York State
correction officers. Many of the correction officers were evicted from their
employee housing in order to accommodate the influx of the National Guard. The
matter was brought to trial in the court case
 Engblom v. Carey, in which the courts deemed
it that such action was protected by the Third Amendment because the National
Guard is a military establishment and its members qualify as soldiers.

This would
be the first and last time the Third Amendment would be employed since the late
1700s. Even though the Amendment can be considered obsolete, it still is
important as a major piece of legislation that existed to oppose tyranny and
unjust treatment of American citizens.




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