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In 1789, the Congress created the Bill of Rights to make sure the people are protected and the government has limitations. The Third Amendment 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.” (“Bill of Rights”). Throughout the years the amendments have been manipulated, in a way, to be used in a certain way. In researching the Third Amendment, one will find the past and present of the Quartering of Soldiers through the origins of the law, modern application of the amendment, and its current effectiveness.

Many times in history the Supreme Court has been faced with deciding how to treat civil liberties during war time. This raises the question, what restrictions if any should the court allow during wartime. The court is faced with making the decision on civil liberties during wartime for security reasons, and to protect the rights of the individual. While some may say that the no exception stance may put our national security at risk during war time, No exception is the only stance that is constitutionally acceptable as proven through the analysis of the different stances by examining related cases, text, and the constitution.

When the colonists first arrived to the New World there were very few obligations and rules that the British government had set for them and they were on their own to live their life in the way they saw fit. Throughout the years, England realized how much of an asset the New World was to their economy. Due to the American colonies great advantages to their economy and their everyday lives, Great Britain became greedy and decided that only they should be able to exploit from the colonies. This greed prompted the Crown to implement new taxes and regulations in order to obtain a larger profit. After many attempts to work with Great Britain and being dismissed, the colonist declared independence from England. This caused the Revolutionary War and in 1783 the colonists were finally free from Great Britain. The colonists drew from the positive and negative experiences from the Crown's rule when writing their own country's government. The crown's supreme rule over all aspects of the colonists life compelled the colonists to incorporate a limited government into the Constitution. Because of the lack of representation that the colonists possessed during during colonial times, when making the constitution they secured the idea of popular sovereignty as an effort to make sure that all citizens could have an opinion in their ruling. Separation of power was implemented into the Constitution for the purpose of denying one person excessive power. Checks and balances fall under

During the colonial era, Britain has acquired considerable territories in the Northern America. These colonies were looked at as a mere resource and were treated as such. However, it can be said that it was England’s own laws that sparked a revolution in these colonies. Starting with the Magna Carta (1215), and continuing with the English Bill of Rights (1689), England has defined certain rights for all Englishmen. However, many of these rules did not apply to the colonies. The abuses of this power against the colonies is what lead to the revolution and enactment of the Declaration

The British fired the first shot at the Battle of Lexington. For example, “...I believe between 200 and 300, formed in a common in the middle of the town….As we came near them, they fired one or two shots, upon which our men without any orders, fired and put them to flight” (Document A: Barker). Lieutenant John Barker was only one person in the British Army, and it is very unlikely that he was able to see, or hear, everything that was going on from his position on Lexington Green. As he approached the Green, he could have only been in earshot when the minutemen were firing in response to the British firing and not when the British first fired, or he thought the shot or shots were from the opposing side and not his own. Also, “While our backs

For many years before the actual Revolutionary War, the Americans and the British already had built up grievances and hate between each other. Some may argue with such tension, war was inevitable. In the famous Declaration of Independence, the Americans not only declared their freedom but also included a list of their grievances addressed to King George III. The events leading to these accusations explain the complaints leveled against the King and prove their validity.

During America's most consequential wars, the United States government has restricted civil liberties of the American people despite the nation’s strong rooted foundation for preserving every citizen’s rights. When danger is an ever present factor for the nation due to war or conflict restrictions are often placed on some of the most basic freedoms and liberties. Perfect balancing of these restrictions is vital to the countries wellbeing. One of the most well-known examples of this type of restraint is Abraham Lincoln’s precedent of suspending the writ of Habeas Corpus and issuing martial law. Lincoln’s actions clearly violated the rights of the people that are guaranteed to them under the Constitution. While out of context it wouldn’t

The militia and the government both has a tendency to use more power than what they have, maybe sometimes forgetting the rights of citizens. At the time of the uprising of the Revolutionary War in 1775, the British parliament passed acts such as the Quartering Act and the Intolerable Act. The Third Amendment was introduced by James Madison for he had made it himself. The congress passed the Third Amendment on September 5, 1789. By December 15, 1791, three fourth of the states ratified the Third Amendment. It was put on the Bill of Rights the in the year of 1791. In 1792 Thomas Jefferson announces the adoption of the Third Amendment. In the Bill of Rights, it is clearly written, “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.” The Third Amendment mean that no soldier shall just go into a house without asking for permission by the owner of the property. The third amendment is most important because it shows military and citizens rights, keeps owner’s privacy, and pushes soldiers to help in the war.

The men who wrote the Bill of Rights, having just escaped a controlling country, wanted to make a final check on the government that they had just created (Richardson 2). They accomplished this with the Second Amendment which gives U.S. citizens the right to keep and bear arms. And more specifically, the supreme court has decided that people as individuals have the right to keep and bear arms rather than just a collective militia i.e. the coast guard (1). Also, the Fourteenth Amendment prevents any stage from making or enforcing an law that threatens the rights of a U.S. citizen (14th amendment 1). This means that state governments can not pass a law that infringes upon the Second Amendment (McDonald v. Chicago).

Over time, this Amendment has been interpreted as the forbiddance of forcible housing of military personnel in a citizen’s home. The only reason this amendment was ratified was because it was a response to the Quartering Acts that were passed by the British parliament before the American Revolutionary War, which allowed the British Army to place soldiers in private residences. Ever since, the 3rd Amendment has never been the primary basis of a U.S. Supreme Court decision.

As seen in the Bill of Rights: Amendment 1, it states “ Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievance.” This amendment established the right to your freedom of speech, press and religion. No type of government or military can control any of your freedom. In Amendment 3, it 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

Article XVII. The people have a right to keep and to bear arms for the common defense. And as, in time of peace, armies are dangerous to liberty, they ought not to be maintained without the consent of the legislature; and the military power shall always be held in an exact subordination to the civil authority, and be governed by it.

The year 1776 ignited the colonial rebellion from Great Britain, with colonists from the newly formed United States demanding their individual and colony’s rights. They advocated for representation, their individual rights, and the issue of sovereignty. With the ratification of the Bill of Rights in 1791, individual rights overall were thought to be “protected” in the newly liberated Unites States. Yet the continued limiting of women’s rights, treatment of the mentally handicapped and emancipated slaves, the individual liberties colonists believed they would gain from Britain was only for certain individuals, not all. The colonists believed that they would advance their individual rights and freedoms with their independence from Britain; though the reality was that the struggles of individual liberties continued throughout the next 100 years in different classes of citizens despite their gaining of independence from Britain.

The Constitution plays one of the key function in shaping the United States stability and guide the government officials on how the American’s system should structure for future generations to come. In the Constitution, there are many sections the have affect many citizens throughout the nation. Personally, the portion that impacts me personally is Article IV. By using the Constitution’s language as a base, it can guide citizens, such as myself, to learn how to use the power of faith in our lives when dealing with rules and regulations in the government decision making process. This portion stands out to me the most because it explains how protection should be established when conflicts or violences pop into life. In Article IV Section 3, it

Graber offers an interesting point- when discussing the constitution during wartime, focus always shifts towards laws that are bent or broken. This, Graber suggests, does not tell the full story as there are many civil rights an liberties that are left unaffected by war. Of the 27 constitutional amendments, when we discuss these issues how many are bent or broken? Perhaps only a few, and as a result the narrative becomes far too one sided. Albeit rightfully so- as precedents set during times of immense pressure are subject to the human error these stressful times produce- and thus need to be heavily scrutinized. However, history cannot forget the vast progression of rights and liberties made during times of conflict: race relations during