Never Say Never: the Story of the Least Invoked Amendment

Most Americans assume that they know the meaning behind our founding documents. And our conversations they say well Madison meant this or Jefferson wrote this because... But, do we really know what these men meant when they wrote the documents and, if we think we do, how many supporting documents have we read?

Lately, a lot of different things have been buried in our news. Whether it's fake news or real news, everyone has their theories and original commentary. One such thing that has been in our news is what China has been doing to their Uighur population (Uighur is a minority Turkic ethnic group originating from and culturally affiliated with the general region of Central and East Asia. They are predominantly of the Muslim faith). A new report has come out saying that the Chinese are illegally sending men to sleep in the same bed as Uighur women whose husband's have been jailed. This is disturbing in itself, what is also disturbing are comments that are made about such a happening. As seems to be common, Americans are not commenting about what is happening to these people. Instead, they are commenting about how such a thing could never happen in the United States.

One such comment that sends the mind roaming was made by someone who calls himself Naked Reader. He said, "This is exactly why our founders put it in an amendment in the Constitution forbidding soldiers taking a post in our homes!!!!! SMART MEN!" What is not smart is that this reader does not to seem to know where this Amendment stemmed from. Although he is right that such a thing might (the amendment specifically says "in time of peace") not be able to happen in the United States because of the Third Amendment, what is happening to the Uighurs' is not why it was introduced. Although it is quite possible that something similar and horrifying did happen, that is not what our Founders had in mind. 

The Third Amendment to the United States Constitution says 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." This Amendment steamed from the Quartering Act that Parliament passed in 1765. This Act came into place, and was amended twice, after the Seven Years War. The Act required the American colonies to pay for the cost of British troops stationed within their borders. It also allowed for troops to quarter themselves within their homes or empty spaces when the local barracks proved to be insufficient.

After the Boston Tea Part in 1773, the Quartering Act of 1774 was enacted. This was the second amendment made to the original bill. This piece of legislation was also known as the Coercive Acts, or the Intolerable Acts as they were known in the colonies. As time went on the British troops became increasingly more aggressive as to where and what they did with other people’s personal property. This angered the colonists in many different ways. Many vowed that, once they gained their independence, they would not let it happen again.

The legacy of this Amendment is not overall a large one. The minds of George Mason, James Madison, and Roger Sherman all came together to create this Amendment. It has largely been left alone over the two hundred plus years since it has been enacted. In fact, it has only been used in court documents a handful of times. Nevertheless, it is important to remember that this Amendment only applies to peace times. American troops would be allowed to do what the Amendment forbids when we are in a peace time. Since the United States is almost always at war with someone else, the Amendment could be considered invalid for any loosely based reason. In court practices the opposite has often happened, but never say never.