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Essay: Third Amendment: A Unique and Uncontested Part of the US Constitution

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  • Published: 25 February 2023*
  • Last Modified: 22 July 2024
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  • Words: 2,515 (approx)
  • Number of pages: 11 (approx)

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Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Summary

You may believe whatever you want. You may say whatever you want. Anything from Newspapers to Social Media May say whatever they want. You may assemble peacefully. And you may make a petition to overthrow the Government.

News article

The driver of a car who tried to plow through a group of immigration protestors in California was arrested and held briefly after a chaotic scene in the middle of a street on Thursday afternoon.

A group of protestors had assembled in Brea, California outside the office of U.S. Rep. Ed Royce, R-Calif., to protest immigration rights when a driver attempted to push through the crowd, which was stopping traffic, according to ABC station KABC in Los Angeles.

Video of the incident, shot by SEIU United Service Workers West, shows the sedan — which was stopped in front of the protestors — attempting to slowly push through the union group. Protestors can be seen banging on the side of the car, and one person even jumps on the hood, before police on foot pull over the driver.

There did not appear to be any serious injuries, but union president David Huerta told KABC that six people went to the hospital for evaluation. Huerta called the incident a "deliberate and hateful crime," KABC said.

Police are seen reaching into the car and removing the driver's keys, and shoving protestors away from the car, before making the arrest.

However, the driver, 56-year-old Daniel Wenzek, was only briefly held on suspicion of assault with a deadly weapon, according to KABC. Wenzek was later released pending further investigation of the incident.

The incident recalled the more serious deliberate attack in Charlottesville, Virginia in August when police allege James Alex Fields sped into a group of counter-protestors who had come out to show opposition to a white supremacist rally. Heather Heyer, 32, was killed when she was struck by the vehicle and over a dozen other people were injured. Fields is still awaiting trial on a second-degree murder charge.

Summary of the article

This article is about a driver being arrested for driving through a group of people who were protesting against immigration rights. Daniel Wenzek was previously charged for assisting w/ a weapon, but was released later.

Why it relates to the amendment

Amendment II

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

Summary

You can own and use a Gun.

News article

Three former sheriff's deputies in Georgia could face charges in the July stun gun death of a 58-year-old man.

Middle Georgia Judicial Circuit District Attorney Hayward Altman said Friday he will present charges to a grand jury Dec. 19 against former Washington County deputies Henry L. Copeland, Rhett Scott and Michael Howell.

Altman, at a press conference, said he decided to present to a grand jury after a review of the case based on the facts. "Not rumors. Not innuendos, but the actual facts," he said.

"They will be sentenced for criminal indictment for the offenses of felony murder," Altman said. "They will be considered for the indictment of involuntary manslaughter, for the offense of false imprisonment, for the offense of aggravated assault, for the offense of simple battery and for the offense of reckless conduct."

Multiple media outlets report the deputies were fired Thursday. They had been on administrative leave with pay pending a probe by the Georgia Bureau of Investigation into the death of Eurie Lee Martin of Milledgeville. Martin collapsed after being shocked multiple times by deputies.

Sheriff Thomas Smith said the deputies didn't follow correct procedures on use of force. They were responding to a call about a suspicious person when they came across Martin, who relatives said was not suspicious, but walking from his home in Milledgeville to see family in Sandersville.

Altman said based on the autopsy, Martin died from a heart attack based on homicide.

"We're a number of steps away, but this first step is one that we've seen so often be missed and not accomplished," said Mawuli Mel Davis, an attorney for the family. "So this first step, gives us some encouragement."

Davis and Francys Johnson, another attorney, said they were pleased to see the district attorney seek justice for Martin.

"He was just taking a walk and was actually headed to see his family. That is scary when you are going to see someone you love, you set out on a walk and you end up having to be buried," Davis said.

Johnson added, "We think that any person looking at this will come away with the same conclusion the district attorney has come away with, that there has been serious crimes committed. These deputies and others contributed and are responsible for the wrongful death of Eurie Lee Martin."

The Martin family hasn't filed a civil lawsuit but it's in the plan. He also stated this isn't a matter of race, although all three deputies are white and Martin was black.

Summary of the article

Why it relates to the amendment

Amendment III

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.

Summary

The Government cannot put a soldier in, no matter whether it’s in peace or war, into someone’s house without permission.

News Article

The third amendment is unique in several ways. First, it is the only time the Constitution directly speaks to the issue of the rights of the individual versus the rights of the military. Second, it is the only amendment upon which the Supreme Court has never issued a ruling. Third, it has never caused any debate throughout our country’s history.

Since the third amendment has never been challenged in the courts, it’s easy to forget why the founding fathers of our country would have included such an amendment. The reason is found in the events leading up to the Revolutionary War. During the French and Indian War, many British troops were brought to America to fight with the Americans. In order to cut their costs of fighting the war, the British government passed the Quartering Act of 1765, which required that the colonists pay the cost of quartering British soldiers in inns and livery stables. Then they passed the Quartering Act of 1774, which allowed British soldiers to be quartered in private homes. In writing this amendment, James Madison said that the argument was not so much over the actual quartering of soldiers, but that it was done “without the consent of the local authority, without the consent of America.” The early Americans had a firm belief that each person’s home should be safe and free from unwanted entry, and the third amendment was added to affirm that belief.

Today, the American idea of civilian control of the military is unquestioned. The president, who is the commander-in-chief of the military, is a civilian. The secretary of defense is a civilian, along with all his office staff. When the military wants money for a new weapons system or a pay increase, they must go to the civilians in Congress.

What protections can this amendment give us today? The main emphasis of the amendment is to guarantee that a person’s home is protected from all civil and military intrusion. If the military would ever want to quarter soldiers in homes during time of war, it would have to get permission from elected officials.

Summary of the article

Why it relates to the amendment

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Summary

A person cannot be searched, their property can’t be searched, nor can they be arrested without a valid reason. If they want to do so, they must get permission from a Judge. The judge must find if whether or not it’s a probable cause. If the Judge approves, they’ll provide a search or arrest warrant.

News Article

Two teens have been charged with attempted murder after allegedly making threats toward their high school in Woodstock, Georgia, authorities said.

Alfred Dupree, 17, and Victoria McCurley, 17, allegedly conspired to harm specific teachers and students at Etowah High School using an incendiary device, said Sgt. Marianne Kelley, public information officer for the Cherokee County Sheriff’s Office, in a press conference Wednesday afternoon.

On Monday, deputies made contact with Dupree, a student at the high school, and his family after receiving a tip from someone who had claimed to have seen a physical journal of his that contained threatening language, Kelley told ABC News.

Investigators were then led to McCurley after reading Dupree's journal, where he made "concerning statements," Kelley said. The statements made did not indicate when the attack would occur, only what their intentions were, Kelley said. 5 arrested in 1983 'racially motivated' murder of 23-year-old black man in GeorgiaSuspected MS-13 gang members arrested in connection with Long Island teen murdersTeen charged with attempted murder in SC school shooting

Investigators found an incendiary device at McCurley's home in Woodstock after executing search warrants there and at Dupree's home, Kelley said. The device was described as substances that could have detonated had they been mixed together, Kelley said. The Georgia Bureau of Investigation is currently testing those chemicals, she said.

It is unclear if McCurley made any threatening statements herself, McCurley said.

Both teens have been charged with three counts of criminal attempt to commit murder, four counts of terroristic threats and acts, criminal attempt to commit arson and possession and/or transportation of destructive device/explosive with intent to kill, injure or destroy any public building, Kelley said.

Weapons found at McCurley's home were not classified as evidence, but they were seized for safekeeping, Kelley said.

The sheriff's office filed the charges because it believed that the teens could have moved forward with the plot, Kelley said. She teared up during the news conference while discussing the seriousness of the matter.

Dupree and McCurley were characterized by authorities as just friends. They both underwent medical evaluations when they were initially contacted by authorities, but Kelley would not disclose the results.

Dupree and McCurley are being charged as adults, Kelley said.

Dupree and McCurley appeared separately before Judge James Drane at the Cherokee County Detention Center Thursday. Both stated they understood the charges against them but waived having the charges read. They did not enter pleas and were not granted bond.

Etowah High School Principal Robert Horn acknowledged the threat in a letter to parents and students, stating that there are no additional suspects or an active threat toward the school.

"The safety and security of all students and staff members is of utmost importance and CCSD will continue to partner with the Cherokee Sheriff's Office throughout the conclusion of the investigation to [ensure] that this is the case," Horn wrote. "… Any threat on school safety/security will not be tolerated and as such these students will also face severe disciplinary action, as well as any application criminal charges."

Summary of the amendment

Why it relates to the amendment

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Summary

A grand Jury (a group of people) must see if there’s enough proof for it to go to trial. It’s prohibited for people to get double Jeopardy (go to trial for the same crime twice). You don’t have to take witness for your trial. The accused can go through all the legal process if they want to. The government can take your property for general use but must pay a fair price for it.

News article

Summary of the amendment

Why it relates to that amendment

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Summary

If you go to trial, it must take a reasonable amount of time and can’t be secretive.  The jury mustn’t have made up their minds by then. It must be where the crime took place. Everyone must know what they have done. The accused person may choose who is for them and against them. They Always are allowed and attorney or Lawyer.

News article

Summary of the article

Why it relates to the amendment

Amendment VII

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law

Summary

This amendment is about common law or damages (suing for money).

News article

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Why it relates to the amendment

Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Summary

News article

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Why it relates to the amendment

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Summary

News article

Summary of the news article

Why it relates to the amendment

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

Summary

News article

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Why it relates to the amendment

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