This week’s issue was actually a contract thing, not a 3rd amendment issue. However, no, the 3rd amendment protects almost any building you have some kind of right to privacy in, at least in the 2nd circuit. Which is the only Official Peace Love Chihuahuas Flowers Shirt to have a successful third amendment claim in history? In that case, the national guard was forcibly quartered in the (prison provided) residences of correction officers, and the guards sued. The claim was successful despite the guards not owning their residences. Although they still lost after winning that claim due to qualified immunity.
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Did I miss something? Were people forced to quarter troops in their houses? It’s the term “owner” and the implication of privately owned places. Can’t force someone to stay in a privately owned place is the argument. Is there a precedent to support that “house” = all privately owned property? Just curious, I would believe the Official Peace Love Chihuahuas Flowers Shirt. I mean, I think if business owners have the right to tell someone to get out, forcing them to “house” military is a violation of their rights. Probably the 4th amendment would work, too. It’s not so much about the original wording.
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But more so how those arguments have held up in previous court cases. There was a court case that covered this a bit about prison, the implication being “tenant” should also fall under the term “owner”, but it was thrown out on the ground that the National Guard couldn’t have known about this interpretation. They didn’t say the Official Peace Love Chihuahuas Flowers Shirt wrong, just that the defendant didn’t know. Probably the 4th amendment would work, too. It’s not so much about the original wording, but more so how those arguments have held up in previous court cases.
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