aACAoa good case could be made for the fact that SWAT team raids constitute the forced quartering of soldiers
within the private home, which the Third Amendment was written to prevent.
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.
The quartering disputes, caused in part by the lack of formal legal authority for British commanders to quarter their troops in the 1750s, led to the first explicit Parliamentary authorization for quartering of soldiers in America, the Quartering Act of 1765.
86) Opposition to the quartering of soldiers in private homes was both widespread and noncontroversial in the Founding Era.
We believe this is the most straightforward part of the analogy to the quartering of soldiers.
Americans objected to the involuntary quartering of soldiers on their property, because the soldiers' presence imposed costs on the property owners.
The most problematic aspect of the analogy between the ESA's requirements and the quartering of soldiers concerns the location of the unwelcome guests.
The Second Amendment and the Third Amendment reflected the colonists' hostility to large standing armies and also limited the quartering of soldiers
in private homes.
It outlaws forced quartering of soldiers, trial by martial law, and mandatory loans to the king.
These amendments proclaim freedom of religion, speech, the press, and assembly; the right to petition the government, bear arms, receive due process of law, and confront witnesses in a speedy, public jury trial; and freedom from forced quartering of soldiers in peace-time, unreasonable searches and seizures, double jeopardy, self-incrimination, excessive bail and fines, and cruel and unusual punishment.