The even more neglected 3rd amendment...

[beerslurpy]

As neglected as the 2nd amendment is, I cant imagine a more ignored amendment than the 3rd. Here is something interesting I came across here:

Note also how the Third reinforces the federalism argument against the draft inspired by the Second. Since the Third flatly forbids Congress to conscript civilians as involuntary innkeepers and roommates of soldiers in peacetime, what sense does it make to read the army clause as giving Congress peacetime power to exercise even more drastic coercion by conscripting civilians into the army itself? It would be odd indeed to say that Congress has absolutely no peacetime power to force soldiers upon civilians, but virtually total peacetime power to force civilians into soldiers. I stress peacetime, because the army clause makes no distinction between war and peace. If its text allows a wartime draft, peacetime conscription must likewise be deemed necessary and proper. The militia clause, by contrast, limits Congress' conscription power to specified national emergencies— just as the Third Amendment limits Congress' quartering power to war time.

Any relation to this? Article 1, Section 8, Clause 15:
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

Questions for the reader:
Does the 3rd amendment bar congress from conscripting citizens into an federal army, even in time of war?
Does the Militia clause bar congress from mustering the militia except to perform the enumerated tasks? Like invading another country?

 

[Telperion]

Actually, the third amendment almost reads more like an implied government power:

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.

So the third amendment generally prohibits the federal government from quartering soliders, except it goes right back and gives that power to the Congress, as long as it is done "in time of war" and "in a manner prescribed by law". But such power is nowhere expressly mentioned in Congress' powers from article 1, section 8. Maybe there is some historical evidence that back in those days, raising an army usually included forced quartering, thus making the 3rd amendment necessary.

 

[Aguila Blanca]

Actually, I believe this was enacted in order to prevent our own government from doing what the British routinely did, which was to require private citizens to provide room and board for the redcoat soldiers.

 

[beerslurpy]

Actually I beleive you are misinterpreting, Telperion.

It is only allowed in wartime in accordance with the law. Accordance with the law does not override the requirement that there be war at the time of the lodging. Any other view basically ignores natural law and the sanctity of one's home against government usurpuation. Wartime partly overrides that in the logic that domestic military usurpation is preferable to foreign military usurpation.

Hawkmoon, I was referring to the logic in the quote that implied that conscription would certainly be more odious than peacetime lodging, yet many argue today that conscription or even mustering of the militia are perfectly constitutional depsite the lack of any enumerated Militia Clause emergency with which to justify the mustering.

And dont tell me that this system is a relic of the past. The swiss and the israelis do it to this day with no problems.

 

[entropy]

It was customary at the time for armies to quarter soldiers in private homes without compensating the homeowner. Congress wanted to be sure any US army would compensate anyone whose buildings or land were used for quartering soldiers. In the Civil War, many Union Commanders took the position that since the Confederate States of America was a foreign country, no recompense was needed or required. I'm sure many Confederate commanders did too, since funds were usually lacking.

 

[Reno]

If you want constitutional proof of a ban on conscription, look no further than the 13th Amendment. Seems it might even override the housing issue too.

 

[DMF]

Does the 3rd amendment bar congress from conscripting citizens into an federal army, even in time of war?

Actually the question of the draft is an issue of the 13th Amendment (involuntary servitude), not the 3rd (quartering soldiers). The question has been asked and answered. Feel free to read up on it here: Link: Arver v. US (1918)

Quick answer to your question is, no the Constitution does not prohibit a draft.

 

[Vang]

No, the quick answer is that the Supreme Court has said that it does not. I happen to agree with them (I am an Originalist, you see), but that is not proof of an argument.