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To: Hemingway's Ghost

MarkTwain reposted my article before I added the following paragraph:

“I’m suggesting the Third Amendment opens a window to the context and mindset of the Framers regarding a standing paramilitary police department embedded among the people — beyond the literal and narrow text of the Third Amendment. The Supreme Court might well call this the “penumbra” of the Third Amendment.”


15 posted on 04/25/2012 2:47:38 PM PDT by J. Neil Schulman
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To: J. Neil Schulman
“I’m suggesting the Third Amendment opens a window to the context and mindset of the Framers regarding a standing paramilitary police department embedded among the people — beyond the literal and narrow text of the Third Amendment. The Supreme Court might well call this the “penumbra” of the Third Amendment.”

Yes, but what of it?

The Framers also made it quite obvious police powers were the domain of the states, and as others contributing to this thread have mentioned, taxpayer-funded law enforcement on a local level did exist in the Framer's time. Even more so, the Framers would have made the distinction between a soldier and a peace officer, and the Third Amendment clearly applies to soldiers.

Now, have modern-day police forces become para-militarized to such an extent they may resemble the "standing armies" our forefathers feared? One could certainly argue that point convincingly, but that's not a matter of Constitutional law. As a matter of Constitutional law, I would argue the Third has absolutely no practical application here, and as conservatives, we should be wary of any sort of "penumbra" concept because that almost invariably leads to over-reach.

16 posted on 04/26/2012 5:40:01 AM PDT by Hemingway's Ghost (Spirit of '75)
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