However, the language of the Amendment only captures a small slice of those colonial grievances--the forced quartering of soldiers during peacetime.
The Third Amendment provides, "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 prescribed by law." (108) The first clause contains a prohibition on the quartering of soldiers during peacetime.
For example, five of the eight states that requested specific articles for consideration in the new nation's Constitution specifically called for prohibitions on the quartering of soldiers. (123) Of the eight states that submitted proposed quartering amendments, there were two general versions.
The right to be protected from forced quartering of members of a military unit, given the sanctity of the home, is "fundamental to our scheme of ordered liberty" (165) and "deeply rooted in this Nation's history and tradition." (166) This protection of the home against forced quartering of soldiers has origins dating back to the Middle Ages.
With domestic police increasingly posing as military forcesaACAocomplete with weapons, uniforms, assault vehicles, etc.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.
We believe this is the most straightforward part of the analogy to the quartering of soldiers. Just as the Quartering Acts required landowners to allow British soldiers to make use of their property, so the Endangered Species Act requires landowners to allow non-human, but nonetheless potentially unwelcome, species to occupy their land.
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.(175) At least under the Quartering Act as amended in 1774, soldiers were quartered in Americans' homes, making their presence much more objectionable than if they were simply camping on the back forty.(176) On the other hand, endangered species are quartered out-of-doors.(177) Is this sufficient to distinguish their presence?
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.