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Posts Tagged ‘Third Amendment’

U.S. ConstitutionSince World War II, the American public has been regularly lied to and misled by various mass media sources that a Declaration of War under the United States Constitution is unnecessary, outmoded and/or only symbolic.

Article I, Section 8, which grants enumerated powers to Congress, grants Congress the power “[t]o declare War.”

Therefore, any references to war in the Constitution relate to this specific power.

The proof that a Declaration of War under the U.S. Constitution isn’t symbolic comes from the U.S. Constitution itself, which states in the Third Amendment that:

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.

Given that the Third Amendment to the U.S. Constitution is still in effect, not having been amended by a subsequent amendment, it demonstrates that only a Declaration of War by Congress, specifically under Article I, Section 8, gives the Congress the authority to quarter soldiers in the houses of Americans, in a manner prescribed by law, and if there is only a so-called authorization under the War Powers Resolution of 1973, or some presidential executive action, such quartering would be unconstitutional and illegal.

This amendment clearly puts the lie to anyone perpetrating the notion that a Declaration of War is only symbolic subsequent to the last official Declaration of War in World War II, and in the subsequent years.

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The Bill of Rights, the first ten amendments t...

I once heard a liberty-oriented radio host say that just compensation (for the taking of private property for public use) used to require the consent of the property owner.

While that may be, it wasn’t a requirement in the minds of those who drafted and ratified the Bill of Rights — the first 10 amendments to the U.S. Constitution.

The proof of this is the explicit requirement of the consent of a real property owner in the Third Amendment:

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.

The requirement of just compensation for the taking of private property for public use as specified in the Fifth Amendment is as follows:

nor shall private property be taken for public use, without just compensation.

If they had intended just compensation to mean consent, they would’ve said so, just as consent of the property owner is explicitly mentioned in the Third Amendment.

The taking of private property for private use, however, I’d argue, does require the consent of the property owner, according to the Fifth Amendment to the U.S. Constitution, and common law.

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