{"id":437,"date":"2023-06-02T17:44:36","date_gmt":"2023-06-02T17:44:36","guid":{"rendered":"https:\/\/blogs.dalton.org\/theconstitution\/the-3rd-and-4th-amendments-of-the-bill-of-rights\/"},"modified":"2023-06-02T17:48:05","modified_gmt":"2023-06-02T17:48:05","slug":"the-3rd-and-4th-amendments-of-the-bill-of-rights","status":"publish","type":"post","link":"https:\/\/blogs.dalton.org\/theconstitution\/the-3rd-and-4th-amendments-of-the-bill-of-rights\/","title":{"rendered":"The 3rd and 4th Amendments of the Bill of Rights"},"content":{"rendered":"\n<h3 class=\"wp-block-heading\">Video<\/h3>\n\n\n\n<figure class=\"wp-block-embed is-type-video is-provider-youtube wp-block-embed-youtube wp-embed-aspect-16-9 wp-has-aspect-ratio\"><div class=\"wp-block-embed__wrapper\">\n<div class=\"entry-content-asset\"><iframe loading=\"lazy\" title=\"3rd and 4th Amendments Project\" width=\"600\" height=\"338\" src=\"https:\/\/www.youtube.com\/embed\/c_j09oHnhDs?feature=oembed\" frameborder=\"0\" allow=\"accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share\" referrerpolicy=\"strict-origin-when-cross-origin\" allowfullscreen><\/iframe><\/div>\n<\/div><\/figure>\n\n\n\n<h3 class=\"wp-block-heading\">Written Component<\/h3>\n\n\n\n<p><p><span style=\"font-weight: 400\">The motivation for the Third Amendment being included in the Bill of Rights came from the Quartering Act. The Quartering Act was a law that allowed British soldiers to be sheltered in the private homes of colonists.(1)<\/span><span style=\"font-weight: 400\"> The amendment makes it unconstitutional for the government to house soldiers in the private residences of citizens of the United States without the owners\u2019 express permission in times of peace, but during war the process of quartering soldiers must be prescribed for by law. Some scholars interpret the Third Amendment as applying to increasingly militarized police forces in addition to the military. However, this understanding of the amendment was defeated in the 2015 case <\/span><i><span style=\"font-weight: 400\">Mitchell v. City of Henderson<\/span><\/i><span style=\"font-weight: 400\"> where the plaintiffs were forced out of their home by police in preparation for a nearby operation. Mitchell sued the city on the grounds that his Third Amendment rights had been violated, but a Federal Court decided that the police are not soldiers so the amendment did not apply.(2)<\/span><span style=\"font-weight: 400\"> The Third Amendment, like checks and balances on power in other parts of the constitution, is a roadblock to government overreach. The policing interpretation of the Third amendment is persuasive to me because it controls the interactions between citizens and the police. In my opinion the amendment should be altered to protect against quartering from both military and law enforcement personnel.&nbsp;<\/span><\/p>\n<p><span style=\"font-weight: 400\">General warrants in Britain and writs of association in the colonies were some of the major pressures that led to the inclusion of the Fourth Amendment in the Bill of Rights. General warrants and writs of association allowed law enforcement to search a person\u2019s property without any suspicion of a crime. The Fourth Amendment protects people from unreasonable searches and seizures. It requires that a warrant only be issued with a reasonable level of suspicion for a crime, and with specific objectives. What constitutes probable cause or a search in the Fourth Amendment has been debated by many legal scholars. A Supreme Court decision in 1985 over the case <\/span><i><span style=\"font-weight: 400\">Dow Chemical Company vs. The United States<\/span><\/i><span style=\"font-weight: 400\"> partially answered the question of what constitutes a search. Dow Chemicals sued the US on the basis that its Fourth amendment rights had been violated after the EPA observed their factory grounds without a warrant. The Court decided in the favor of the United States, because the factory\u2019s grounds were an open area and the Fourth amendment only deals with \u201cthe invasion of areas where intimate activities occur.\u201d The Fourth amendment is another amendment like the Third that deals with the specter of an authoritarian government overpowering the people. I agree with the interpretation that mass government surveillance is unconstitutional because it searches the personal data of people unsuspected of a crime. I also agree with the interpretation that security checks are constitutional, because people are making a decision to agree to the security check when they enter the area. I would not advocate any changes to the Fourth amendment because it protects the people from unreasonable law enforcement activity.<\/span><\/p>\n<p>&nbsp;<\/p>\n<p>1 &#8211; <span style=\"font-weight: 400\">American Battlefield Trust, &#8220;The Quartering Act,&#8221; American Battlefield Trust, accessed June 1, 2023, <\/span><a href=\"https:\/\/www.battlefields.org\/learn\/articles\/quartering-act#:~:text=The%20last%20act%20passed%20was,quarter%20or%20house%20British%20soldiers\"><span style=\"font-weight: 400\">https:\/\/www.battlefields.org\/learn\/articles\/quartering-act#:~:text=The%20last%20act%20passed%20was,quarter%20or%20house%20British%20soldiers<\/span><\/a><span style=\"font-weight: 400\">.<\/span><\/p>\n<p>2 &#8211; <span style=\"font-weight: 400\">Leonard Niehoff, &#8220;What Is the Third Amendment, and Will the Supreme Court Ever Examine It Again?,&#8221; interview by Andrew Cohen, Brennan Center for Justice, last modified August 3, 2022, <\/span><a href=\"https:\/\/www.brennancenter.org\/our-work\/analysis-opinion\/what-third-amendment-and-will-supreme-court-ever-examine-it-again#:~:text=Into%20this%20category%20goes%20the,up%20to%20the%20Revolutionary%20War\"><span style=\"font-weight: 400\">https:\/\/www.brennancenter.org\/our-work\/analysis-opinion\/what-third-amendment-and-will-supreme-court-ever-examine-it-again#:~:text=Into%20this%20category%20goes%20the,up%20to%20the%20Revolutionary%20War<\/span><\/a><span style=\"font-weight: 400\">.<\/span><\/p>\n<p>&nbsp;<\/p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The motivation for the Third Amendment being included in the Bill of Rights came from the Quartering Act.<\/p>\n","protected":false},"author":4630,"featured_media":440,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[496,501,294,295,328,177,497,25,26,46,405,146,257,498,500,19,495,502,499],"class_list":["post-437","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-uncategorized","tag-3rd","tag-3rd-amendment","tag-4th","tag-4th-amendment","tag-amendments","tag-and","tag-bill","tag-bill-of-rights","tag-constitution","tag-constitution-project","tag-fourth-amendment","tag-of","tag-rights","tag-shiv","tag-shiv-topalli","tag-the","tag-the-3rd-and-4th-amendments-of-the-bill-of-rights","tag-third-amendment","tag-topalli"],"_links":{"self":[{"href":"https:\/\/blogs.dalton.org\/theconstitution\/wp-json\/wp\/v2\/posts\/437","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/blogs.dalton.org\/theconstitution\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blogs.dalton.org\/theconstitution\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blogs.dalton.org\/theconstitution\/wp-json\/wp\/v2\/users\/4630"}],"replies":[{"embeddable":true,"href":"https:\/\/blogs.dalton.org\/theconstitution\/wp-json\/wp\/v2\/comments?post=437"}],"version-history":[{"count":0,"href":"https:\/\/blogs.dalton.org\/theconstitution\/wp-json\/wp\/v2\/posts\/437\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/blogs.dalton.org\/theconstitution\/wp-json\/wp\/v2\/media\/440"}],"wp:attachment":[{"href":"https:\/\/blogs.dalton.org\/theconstitution\/wp-json\/wp\/v2\/media?parent=437"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blogs.dalton.org\/theconstitution\/wp-json\/wp\/v2\/categories?post=437"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blogs.dalton.org\/theconstitution\/wp-json\/wp\/v2\/tags?post=437"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}