Thursday, October 22, 2020

The third?

Construed most narrowly, the amendment might merely imply a right to be free from having a specific category of people who might carry diseases forcibly pushed into one’s house without consent.

The third amendment this poster discusses. Government shall not quarter anything on your property without consent.  Does your property include public spaces? Nope, sorry. The amendment was quite specific to real property, and the amendments assume other remedies for private infractions of your property.

 But there is the prescribed by law exception. Government has already prescribed itself the responsibility for public health. If the legislature of a state needs to quarantine you, in your home, then they can legalize it. The public health pandemic is equivalent to war, is my guess. Legislatures have special rights in these cases.

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.

In a natural disaster the national guard may have special quartering rights to property in the devastated region.  They can build sand bags piles. Drain your pond pond and pool for fires.  Use your property to stage refugees temporarily or park emergency vehicles. 

The national guard also inherits policing action on public roads, and I think that means mask wearing, but this is not really the third amendment. The national guard does not check off the third in public places, it just is the power by executive action. Even if state law is ambiguous, the governor can order national guard to public places.

War and natural disasters? I dunno, but I speculate natural disasters came with looting. And local cops in emergencies have been able to enter and quarter.

Griswold v. Connecticut (1965)
The Court continued, “The Third Amendment in its prohibition against the quartering of soldiers ‘in any house’ in time of peace without the consent of the owner is another facet of that privacy.

Here the court extended peace time to the policing of a medical adviser and patient on his property. 

and in 2015 even rejected a Third Amendment claim against police officers’ occupation of a house.

Extended it to cases of local police emergency? I can see that. 

Recognition of a fundamental right to be free from forced close contact with disease vectors

Can government quarter us with diseased individuals? No, not in real homes. But in emergencies, and without much legislation, the cops can force quarantine camps where they want, with some reason. The third is not stopping that, and the cops do not have to be completely fair, in public places in an emergency.  

But it is the other way around, the exception in time of war with proper legislation. Public emergencies are going to be a lot of trial and error, and a lot of screwing up. Civilians are going to get hurt, as will their private property.  There is not much to be done, like the ambulance, you take the one you can get and go to the nearest hospital. Not always the best choice, ex post.

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