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To: thecodont; SeekAndFind

Third amendment specifically applies to soldiers, not poor starving “migrants.”

The third:

“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.”


51 posted on 01/14/2024 9:30:07 AM PST by Wasichu
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To: Wasichu; TBP
The Supreme Court cited the Third Amendment in their landmark Griswold v Connecticut ruling on contraceptives:

The foregoing cases suggest that specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance. See Poe v. Ullman, 367 U. S. 497, 367 U. S. 516-522 (dissenting opinion). Various guarantees create zones of privacy. The right of association contained in the penumbra of the First Amendment is one, as we have seen. 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. The Fourth Amendment explicitly affirms the "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." The Fifth Amendment, in its Self-Incrimination Clause, enables the citizen to create a zone of privacy which government may not force him to surrender to his detriment. The Ninth Amendment provides: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

The Fourth and Fifth Amendments were described in Boyd v. United States, 116 U. S. 616, 116 U. S. 630, as protection against all governmental invasions "of the sanctity of a man's home and the privacies of life..."

The present case, then, concerns a relationship lying within the zone of privacy created by several fundamental constitutional guarantees. And it concerns a law which, in forbidding the use of contraceptives, rather than regulating their manufacture or sale, seeks to achieve its goals by means having a maximum destructive impact upon that relationship. Such a law cannot stand in light of the familiar principle, so often applied by this Court, that a "governmental purpose to control or prevent activities constitutionally subject to state regulation may not be achieved by means which sweep unnecessarily broadly and thereby invade the area of protected freedoms."

NAACP v. Alabama, 377 U. S. 288, 377 U. S. 307. Would we allow the police to search the sacred precincts of marital bedrooms for telltale signs of the use of contraceptives? The very idea is repulsive to the notions of privacy surrounding the marriage relationship.

According to Griswold, these "penumbras, formed by emanations" from the Third Amendment give a "zone of privacy" around homeowners to be free from agents of the state (a "penumbra" emanating from the role of soldiers in the federal government).

A state that tries to house migrants inside the homes of citizens can definitely be argued to be an unconstitutional violation of the Third Amendment by citing Griswold's zone of privacy and overly broad action that burdens the citizen with performing the role of government.

-PJ

52 posted on 01/14/2024 9:53:29 AM PST by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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To: Wasichu

They’re invaders.


55 posted on 01/14/2024 12:46:25 PM PST by TBP (Decent people cannot fathom the amoral cruelty of the Biden regime.)
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