Essay On The Third Amendment

The Third Amendment

It is 1776, the United States had just declared it’s Independence from England and one of those reasons for departing was the requirement to house British soldiers at anytime. After the French and Indian War England felt the need to thousands of soldiers in the colonies and an colonial quartering act was passed in 1765.When the British required the quartering of soldiers in the colonies it had passed in England that quartering of soldiers was not required. This quartering act on the colonies along with overtaxing lead to the start of the Revolution.Once the Americans won the war and had need to draft a constitution for the newly formed country, the exclusion of this requirement had to be added to the Bills of Rights. This amendment was fairly easy to add to the constitution, because most of the state constitutions had already install the amendment to their own (Wood). It was one of the short addressed problem other than the rights of protecting private property and quarters for soldiers during a war situation. The only argument against was by Anti-Federalist who wanted the ban of quartering completely. This argument was never acted on once the Bill of Rights was agreed on by the delegates (Morriss).

The third amendment was and still is cruel to the American people and their homes.

The law gives the people the right to their homes and private property. Before this was put into place British soldiers occupied homes, barns, or and place they saw fit. The people were in a form of constant martial law. It also gives the people some power over the military, being one of the most important barriers for government over authority and civilian authority(Amendment III). With the very recent militarization of police it should be still be important to the American people. As people should know when their rights are being taken away and they do not have to house any police or soldier that comes to the

door.
In recent years the court case in Mitchell v. City of Henderson where two homes were take by the police using force. When the police did not receive permission from the homeowners to take and use the two homes as look outs, the police forcibly entered the homes of the two homeowners and arrested the innocent homeowners. When the Anthony Mitchell testified he told the court he did not want to be involved or his home. Police still insisted he leave his home for police use. The police then came to the house battery rammed the door and arrested Mitchell for obstructing a police officer. Mitchell was shot with five pepper balls and three shots. He also claimed his dog was shot with a pepperball and forced out the house in 100 degree weather and no food or water. Mitchell's parents home two doors down was then entered and arrest Michael Mitchell Anthony’s father. His mother then told the police they can not even the home without a warrant and she was dragged outside and detain as well. The Mitchell family then filed for a lawsuit on the first, third, and fourth amendment(Police State USA).
Seeing the third amendment is a very rare case in today’s world the court did not recognize the lawsuit on the third amendment for two reasons. The court did not see the police officers as soldiers and did not see the time police spent inside the homes as quartering. It thereby did not violate the amendment. They were allowed to proceed with the other two claims and none of the officers were fired, fined, or received discipline for their actions (Police State USA).
With the world different from when the constitution was first written the amendments needs to be reformed to fit the world’s society. It should be fully determined at what point is considered quartering. Then with a militarized police force who is considered a soldier and when they are considered a soldier. Back in 1776 the biggest homeowner worry was the housing of British soldiers, but in today’s world the increased power of the police call for a change in one the first amendments and that should be the right to not house government officials.