View Single Post
Old July 5, 2013, 01:17 PM   #15
Jim March
Senior Member
 
Join Date: February 14, 1999
Location: Pittsburg, CA, USA
Posts: 7,417
Quote:
I agree with csmsss, I don't see this as a 3rd Amendment case at all. This was the police, not the army.
That text right there is a SERIOUS legal and historical mistake.

Two mistakes, actually.

First is that you're assuming we even had such a critter as a "policeman" circa 1792 (when the Bill of Rights took effect). We did not.

You are also forgetting that the entire concept of "Posse Comitatus" comes from the post-Civil-War period. So in 1792 the military, including local militias or regular army, could be pressed into what we would call "police duty" (bordering at times on SWAT-level stuff).

So - is there an equivalency between the cops of 2013 and the military of 1792?

You betcha.
__________________
Jim March
Jim March is offline  
 
Page generated in 0.02165 seconds with 8 queries