Posted by
ValiantForTruth on Wednesday, September 09, 2009 1:10:26 AM
The Third Amendment is usually ignored during discussions about federal government arrogation of powers not delegated to it in the Constitution. This crucial amendment reads:
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.
While on the surface, the prohibition against quartering troops in "any house, without the consent of the Owner" seems quaintly anchored in the 18th century, it is, in fact, firmly grounded in the framers' recognition that government is the institutionalized monopoly of force; that the instrument of that monopoly is the standing army; and that unless government is constrained by rigidly defined constitutional limits on the use of force, a standing army will inevitably become an instrument of despotism, not one of national defense.
The inclusion of the Third Amendment was rooted in the Founders' realization that, historically, standing armies were used to enforce unpopular laws, keep the population subjugated, and impel the dictates of the central government. In other words, in times of peace standing armies were the central government's police. The premise underpinning the Third Amendment is the individual's unalienable right to be free from the exercise of arbitrary, capricious, and despotic compulsion by armed forces answerable only to the executive branch of the central government. The Third Amendment's prohibition against quartering troops amongst the population is simply the expression of that fundamental right.
Demonstration of the Founders' concern over the despotic use of the standing army came in the late 1860s, less than a century after ratification of the Constitution, with the Reconstruction Acts following the War Between the States. Reconstruction was designed to crush any expression of intractability by the Southern states against their federal conquerors. Whatever one's thoughts about the outcome of the Civil War, Reconstruction was a brutal, arbitrary, and capricious exercise in the abuse of federal powers, including the use of the standing Army of the United States to enforce domestic "law."
So oppressive were the Reconstruction Acts passed by Congress that President Andrew Johnson vetoed every Reconstruction bill the Radical Republican Congress sent to him. In his veto of the first Reconstruction Act of 1867 Johnson stated: "It is plain that the authority given to the military officer amounts to absolute despotism. But to make it still more unendurable, the bill provides that it may be delegated to as many subordinates as he chooses to appoint...." Johnson further asked, "Have we the power to establish and carry into execution a measure like this? I answer, certainly not, if we derive our authority from the Constitution and if we are bound by the limitations which it imposes."
The Radical Republican Congress overrode all of President Johnson's anti-Reconstruction vetoes, and excesses by the federal Army eventually became so egregious that congressional dissenters passed the Posse Comitatus Act of 1878 (by a narrow margin). The act stated, in part, that "it shall not be lawful to employ any part of the Army of the United States as a posse comitatus, or otherwise, for the purpose of executing the laws, except in such cases and under such circumstances as such employment of said force may be expressly authorized by the Constitution or by an act of Congress...."
The Posse Comitatus Act of 1878 was, in fact, a return to the intent of the framers to separate federal executive, legislative, and judicial powers, and to keep the federal government from overstepping its proper boundaries. With the passage of the act, Reconstruction ostensibly ended, having been stripped of its overt martial law compulsion.
But while the nightmare of Reconstruction ended, statist and socialist sentiments within the federal government were spreading following the Civil War. Thus began the establishment, multiplication, and expansion of inherently unconstitutional executive branch law enforcement, regulation, and social welfare agencies.
These federal agencies exist for no other purpose than the enforcement of arbitrary, capricious "laws" designed to expand federal powers at the expense of state sovereignty and individual liberty. These agencies, which often have their own armaments, now constitute the functional equivalent of a standing army living amongst the people in time of peace and against which the Second and Third amendments were specifically intended to protect the people.
True, these myriad militarized federal agencies are not "quartered" in the traditional sense. However, the very nature of their jobs -- control of the people -- sets them distinctly apart from their neighbors. They are not quartered "with" us, but they are quartered among us. And their training (for example, the FBI teaches its agents that there is no individual right to bear arms) makes them sufficiently hostile to individual liberties that they constitute the equivalent of an occupying army working for a government hostile to freedom.
In short, the increasing militarization of federal, state, and local law enforcement agencies -- aided through duplicity by the Department of Defense -- has created the very monster feared by our nation's Founders: An armed force, quartered amongst the people, under the exclusive control of the executive branch of the federal government.