Respond to classmates
Imagine you’re responding to the potential draft by a mem
Respond to classmates
Imagine you’re responding to the potential draft by a member of the court
If you agree or disagree explain why?
Would you take a different approach?
Would you change something??
Respond to classmate #1
After reading through the background information of the case as well as researching the connections between the bill of rights and states I have come to a fairly solid conclusion of my own. If I were a justice on the Supreme court dealing with this case and this specific question, I would answer with yes, the third amendment should be made binding on the states. There is not much to this answer other than the fact that since our country no longer functions under the Articles of Confederation and is now united under the U.S. constitution there shouldn’t be any reason why everything in the constitution wouldn’t apply to all the states as well. After all our country is represented as “one” in our pledge “one country”. Justice Hugo Black would agree and even stated he “thinks that the 14th amendment was specifically intended to make all of the Bills of Rights applicable to the states.” This opinion was especially persuasive for me to hear since it was coming from a Justice with so much experience over the years. After answering yes to the initial question proposed by the Supreme Court, as a Justice I would still have more to say and I would start by presenting the following clarifications… The Missouri governor, by law of the Missouri constitution, is to be granted with certain powers in the case of an emergency; in this specific case, the flooding. Although the Missouri constitution does not explicitly say that the governor can authorize quartering of the troops, it also doesn’t explicitly say that he can not do so. Now circling back to Frank Ponders 3rd amendment violation accusation. The 3rd amendment states that “no soldier shall in the time of peace be quartered in any houses, without the consent of the owner, nor in the time of war, but in a matter to be prescribed by law.” There are two very important points to pick out from this, first, no where in this amendment does it address what can be done in a state of emergency. Second, since the governor is granted emergency power BY LAW, then BY LAW he should be able to authorize the quartering of troops as stated in the amendment. Finally, I would rule in favor of Missouri as I can see in no way have they violated the 3rd or any other amendment for that matter by quartering troops for emergency purposes.
Respond to classmate #2
If I were a justice on the Supreme Court I would rule in favor of Ponder, highlighting a few major components. For one, there is no express law in the Constitution that grants the governor this right to quarter soldiers and overrule the Third Amendment rights guaranteed by the constitution. The case would be slightly harder to discern if the state constitution did grant him this right, because then it would be a question of if the States’ Constitution was justifiable, which would be a lot harder to argue against. Secondly, the Third Amendment regarding soldiers quartering in citizens’ homes is absolutely a fundamental right, unarguably a part of the Bill of Rights. Invoking the Doctrine of Selective Incorporation, first led by the landmark case of Duncan v. Louisiana, any fundamental right under the Constitution is an equally protected right under the Fourteenth Amendment. This precedent in and of itself is grounds to argue that the state of Louisiana overstepped its rights regarding the Constitution of the United States. The Fourteenth Amendment denies the States the power to “deprive any person of life, liberty, or property, without due process of law”, which is even cited in the opinion of the Court in the Duncan v. Louisiana case by Justice White, going on further to state, ” many of the rights guaranteed by the first eight Amendments to the Constitution have been held to be protected against state action by the Due Process Clause of the Fourteenth Amendment.” This is plain and clear language that Missouri has no right to quarter soldiers and violated the Third Amendment without due process.
