A Real Live Third Amendment Case

The Volokh Conspiracy ^ | 4 July 2013 | Ilya Somin

[Secret Agent Man]

they shoot first and coverup later. that’s military right there.

[piytar]

Home invasion by armed thugs. Violation of civil rights under color of law. Kidnapping with a firearm specification. That’s just a short list of the crimes it appears to me these thugcops committed.

[PapaBear3625]

Personally, I doubt the courts will entertain the 3rd Amendment here, reading it as a "soldiers only" amendment. However, the Founders would probably be awestruck in horror at such an abuse.

If an argument was made that this was "soldiers only", I would respond with the "quacks like a duck" argument. When police are armed like soldiers, and act like military occupation troops, then they should be considered soldiers.

[Ciexyz]

A frightening scenario indeed.

[Forgotten Amendments]

I think conservative judges, at least, would not construe the constitution that way.

I'm afraid what passes for "conservative" judges are really Lock 'em Up and Throw Away the Key!authoritarians who think the Fourth & Fifth Amendments are for hippies. Nobody who honors the Constitution achieves (or wants) power anymore.

[Mr. Jeeves]

I wish Pitt’s speech was reality in the USA, but it’s not. Property taxes alone have rendered the concept of individual real property ownership null and void. Add in the drug wars and asset forfeiture laws and we’re lucky they don’t just evict everybody and charge us rent to move back in to our own houses.

[gleeaikin]

A few years ago I was in Alabama and talking with a Mexican working there for an Atlanta company for $4 an hour painting. I asked him if he would rather be here or in Mexico if he could have work there. He said he would rather be home with his family in Mexico. I asked what he liked here. He said, “here the police are honest.” So I guess Mexican police must be hideous.

[elkfersupper]

Police are under local, not Federal

Technically, you are correct. Except they do everything the feds say.

Why do you think we have seatbelt laws, child safety seat laws, uniform DWI laws with BAC levels dialed down to ridiculously low levels, etc., etc., ad nauseum.

[Orangedog]

Police are in aggregate decent and respectful people whom we salute. But as with all professions, there are a few bad actors that spoil the broth.

I'll go along with that story the all of these so-called "good" cops start arresting those "few" bad apples. Maybe the reason they haven't and won't is because there aren't any good cops or the few that do exist are hopelessly outnumbered by the bad cops.

[Peet]

Police are in aggregate decent and respectful people whom we salute who cover for the "bad apples" and thugs in their midst.

FIFY