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Quartering of soldiers

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QUARTERING OF SOLDIERS. The constitution of the United States, Amend. art. 3, provides that "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." By quartering is understood boarding and lodging or either. Encycl. Amer. h.t.



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Unless we reexamine our policies--our quartering of soldiers in a hundred countries (the quartering of foreign soldiers, remember, was one of the grievances of the American revolutionaries), our support of the occupation of Palestinian lands, our insistence on controlling the oil of the Middle East--we will always live in fear.
Elements of that petition prefigure our own Bill of Rights: It demanded an end to summary imprisonment without just cause, the quartering of soldiers in private homes, and the use of martial law measures during peacetime.
5) Our conclusion is that, under a "living Constitution" theory, the Endangered Species Acts(6) (ESA) is unconstitutional because, through the ESA, the federal government "quarters" living creatures on privately held land, a position analogous to--and sometimes more serious than--the explicit textual ban on the peacetime quartering of soldiers imposed by the Third Amendment.
 
 
 
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