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Constitutional Law

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Sarah York

Civil Rights and Discrimination

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A “Modern” Interpretation Of The 3rd Amendment: Unconstitutional Militarized Police, Sarah York Feb 2015

A “Modern” Interpretation Of The 3rd Amendment: Unconstitutional Militarized Police, Sarah York

Sarah York

This paper suggests that the 3rd Amendment has not been properly analyzed by the Court to reflect its broad basis and the intent of the founding fathers concerning the limitations on the use of military force on the civilian population. The paper specifically examines the 1033 program that streamlines the process for domestic police forces to take possession of military surplus weapons, vehicles, and tactical gear. The Posse Comitatus and the documented discussions of the founding fathers are used to support the argument that the 3rd Amendment was not meant to be limited to a strict interpretation of …