Is this AP quote about Gov Arnold correct?

The Germans may have degraded you, but they took zero pleasure in it?

There is, I believe, one case in which the Third Amendment played an element, though I don’t recall the details – perhaps a Doper-at-Law can fill us in?

I came very close to being a second test case on this – years ago, we had three residential properties (which we lost through major problems in our past) when the Army base adjacent to our home town was greatly expanded. New folks moving in in connection with the expansion drove rental prices out of the reach of the poorer families. We wanted to place the two dwellings we were not living in on the market, but hold the price down and make them available to non-military families displaced by the boomtown atmosphere. We were told that it was illegal to do so, that we had to offer them “without discriminating against the military.” Fortunately, we were able to arrive at a compromise, since cooler heads saw the purpose behind our intent, and that we were not being discriminatory but attempting to provide help. But a part of the legal argument would have been founded in the Third, since requiring us, if we rented at all, to rent to military families, would have been effectively requiring us to provide quarter to them.

I’m surprised that no one seems to remember that Arnold specifically talked about travelling into the Soviet sector (my bolding):

Note, however, that the text of the amendment comes with its own built-in loophole.

This means that Congress could pass a law, if it so pleased, to require private individuals to quarter soldiers in their homes.

In time of war.

I missed noting that sentence; thanks for the catch, John! :slight_smile:

Pin that down for me then. Is a “war on terrorism” a war? Is our military action in Iraq a war? Apparently we don’t need a declaration by Congress to go to war any more. Since the issue has been rarely litigated, I would hesitate to conclude that it takes a declaration of war by Congress in order for it to be a “time of war” for purposes of the Third Amendment.

Remember the part about Gov. Schwarzenegger deciding to be a Republican when he watched Pres. Nixon debate Sen. Humphrey? There was no such debate. :smack:

Might want to read the speach more closely, there, AskNott. Governor Schwarzenegger never mentioned a debate. He merely mentioned hearing Humphrey and Nixon speak.

Very true. I had a contract job once to write a video series for kids on the Bill of Rights (which for foreign readers is the first 10 Amendments to the US Constitution), with a focus on cases that reached the Sumpreme Court. Problem: each show had to be 27 minutes long.

Challenge: explain all 4 far-reaching clauses of the 1st Amendment (freedom of speech, no established religion, right to peceable assembly, right to petition the government for grievances) using examples & explaining contraversies … in 27 minutes! Very hard, speeding through things. Hectic.

**Bigger ** challenge: keep the kids awake for 27 minutes on the 3rd Amendment. You explain why it was a big deal before the revolution. Revolution happens, our society accepts it. Great.

Um…

… still 24 minutes to fill…

… um …

… y’know, kids, in some other countries soldiers can still be quartered in your house. Not good, huh?

Yeah… 23 minutes to go…

As of about 1998 when I had this job, there had never been a Supreme Court case involving the 3rd. The best I could find was a prison guard strike in, I believe, Ohio in 1979 or so. The guards striked, and usually slept on the premises in multiple-day shifts. The state sent National Guard in to act as prison guards, and housed them in the guards’ quarters. The union filed suit in federal disctrict court based in the 3rd and won; National Guard kicked out (? - see below) of that housing arrangement. Case not appealed.

If I remember correctly, the strike was shortlived and over about the same time as the decision, but the union wanted the decision as precedent.

We never did get beyond 8 mins or so in the video. And that just had to be OK. :stuck_out_tongue:

But it would lack ooomph had he said, “Growing up, I saw Parliamentary Democracy with my own eyes. When I was a boy, the British occupied Austria, I saw their tanks in the streets.” At the RNC he might have managed some mileage complaining about French tanks, though.

As a linguist, I’m impressed. All that is necessary for his statement to be literally true is for him to have seen a minimum of two Soviet tanks (total) on one or more visits to the Soviet sector in Austria. But the audience can come away with the impression that he spent his formative years under the Jackboot Of Communism. It’s a brilliant turn of phrase, really. Wonder who’s responsible for it, Schwarzenegger or a professional speech writer?