Have our Constitutional rights been violated?

Have our Constitutional rights been violated?

Member since 2021 · 1 post · 0 votes

Does anyone else feel like the U.S Government has violated our 3rd amendment Constitutional rights? The third amendment states "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.

The Third Amendment’s restrictions on the practice are often cited to demonstrate a constitutional right to privacy and to substantiate claims that the Constitution and its Bill of Rights were designed to protect civilians against overbearing military and governmental authority

Basically the law was created to prevent the government from seizing private property and forcing it citizens to house individuals against their will? Which they did by outlawing evictions during the pandemic, forcing landlords to keep individuals in their homes while acquiring more and more debt each month.   Obviously we are not in a time of war so the interpretation of soldiers is absent, but the goal of the amendment was to protect private property from being used by the government against their will. 

Their solution to trampling of our rights in California at least has been an extremely useless organization called Housing is Key. A confusing process made up of individuals with no actual answers and very little help. Its a nightmare, I'm waiting to pull the trigger on a very lucrative development deal but all my liquid cash went to paying the bills of my tenants during the pandemic. And now trying to recover that money is seemingly impossible as deals slip through my fingers due to lack of capital. I know I'm not the only small time landlord facing this, and since I have properties in multiple counties, dealing with each different agencies is becoming increasingly difficult and frustrating. Just a thought.

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  • Andrew HoganPro Member
    Rental Property Investor · Indianapolis, IN · Member since 2016 · 560 posts · 463 votes
    4y

    Although I do "business-friendly" states, I think the eviction moratorium cannot be accurately compared with housing soldiers.

    The only thing worse than a vacant unit is a full unit with a resident that never plans to pay. I feel for you.

  • Jason B.Pro Member
    Rental Property Investor · Boise, ID · Member since 2017 · 228 posts · 180 votes
    4y

    It depends on if you are a strict Constitutionalist or not, meaning laws must follow the Constitution as written with the understanding that the Founding Fathers explicitly said what they meant.  If you are looking at it through a Constitutionalist lens, then, no, no rights have been violated.  The Constitutionalist view is that the law explicitly and only applies to the housing and quartering of soldiers, so then the eviction moratorium is perfectly legal.  However, if you follow the liberal/Democratic way of thinking, which is to focus on what could be implied or inferred, which is how you were looking at it, then someone could possibly make that argument. However, I don't believe it would stand up in court.

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