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Blackwater and the Constitution


The Third Amendment -- going, going ... ?

Nice work, Blackwater.

The Third Amendment says that "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.''

Apart from the Founders' fondness for a weird scattershot use of commas [evidence that ''well-ordered'' militia thing], which would grieve the punctilious-about-punctuation heart of my elementary-school teacher Mrs. Sedeen, this amendment has been, as the new ''in'' word says, a bit of a legal outlier.

Thankfully, our history hasn't generated major Supreme Court wrangling over the government trying to billet Sergeant York in private houses; the biggest military incursion in private homes in modern memory is probably G.I. Joe.

But with Blackwater trying to set up a counterterrorism training facility along the Mexican border, San Diego has appealed to a federal court to stop it.

It doesn't precisely fit the language of the Third Amendment -- mercenaries won't be camping in the gazebo -- but it does go to the broader meaning of ''house'' and by extrapolation of ''home:'' does it include our neighborhoods? Our cities?

The Blackwater business is slick on two counts. With the government privatizing military functions, the feds could plausibly argue, "Heck, they're not soldiers. They don't wear the nation's uniform, and they're too well-paid to be soldiers.'' And as for that "time of war'' thing, aren't we always at war these days?''

Blackwater employees not being ''soldiers,'' they don't have some of the advantages of the uniform -- but don't seem to bear any of the limitations or encumbrances, either. National security beats full house, straight flush, royal flush, you name it. Remember the border fence going through in spite of hell, high water, property rights and environmental damage?

Nice try, San Diego, but don't expect any more support from the courts than the folks in the path of that border fence got. After all, there's a war on.

Follow Patt Morrison on Twitter: www.twitter.com/Op-ed columnist

The Third Amendment -- going, going ... ? Nice work, Blackwater. The Third Amendment says that "No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in...
The Third Amendment -- going, going ... ? Nice work, Blackwater. The Third Amendment says that "No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in...
 
 
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07:04 PM on 07/09/2008
S*mper Fi - seems to be the phrase-of-the-day for you little fat boys perched behind your keyboards.

Do you find yourself looking over your shoulder, wondering if your mommy is entering the room?
Berettasskeeter
For what we are about to receive, may we be truly
09:23 PM on 07/09/2008
Do you know my weight, age, or experience levels? I think not. So, your attack is meaningless, and displays your ignorance.
Semper fi
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12:13 PM on 07/09/2008
I'm all for protecting our borders but personally I consider blackwater an abomination that should not be allowed near the US.
09:53 AM on 07/09/2008
Does cleaning out this guy's apartment to make an HQ count as a violation?

http://www.cbsnews.com/stories/2005/09/22/opinion/main878822.shtml
Berettasskeeter
For what we are about to receive, may we be truly
09:27 PM on 07/09/2008
Perhaps it does. Did the owner complain to the authorities? Was the owner even around to complain or to know it had happened? Did the renter's contract have a clause that spoke of abandoning the premises to the owner? I don't know the answer to any of these questions, and don't know if they make any difference. However, I would say that anyone who has abandoned his premises has fewer rights to who uses them afterwards. Of course, I am not a Constitutional lawyer.
Semper fi
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PatA
Pink is a 4 letter word
09:53 AM on 07/09/2008
Is Starbucks and McDonalds in the same sentence as Blackwater?
Hmmmmm, anyone here remember any of their employees carrying HUGE guns to work?
Killing any civilians?
Blackwater is an evil and twisted organization who is going to be guarding your street one of these days.
Try ordering your "happy meal" with a cappuccino then.....
Berettasskeeter
For what we are about to receive, may we be truly
10:25 PM on 07/09/2008
Okay, even though they ARE in the same category as McDonalds or Starbucks, I'll play along. How about AAA Security? How about Brinks? Look in your city yellow pages. How are they any different from the small to large number of security firms in your city? Why aren't you protesting their continued existence?
Please explain exactly how Blackwater is "evil and twisted". According to whom?
Semper fi
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mlaiuppa
Pres. Sarcasm Society. Like we need your approval.
11:02 PM on 07/08/2008
Here's what really happened.

A company owned by Blackwater got a permit from the city to modify a facility in a business park for occupational training, thus hiding the fact that it was BLACKWATER that was really applying for the permit.

The code for zoning in this business park permits occupational training which they listed on their permit. What they didn't disclose was that among other things, they planned to install a shooting range.

They lied on the permit in order to meet the code requirements for zoning in that area.

Is "mercenary" a legitimate occupational training for a business park? They say they're training the local military. Well....is a military training facility appropriate for a business park?
Berettasskeeter
For what we are about to receive, may we be truly
11:30 PM on 07/08/2008
You ask the question, but fail to answer it, or to ask the questions on the other side of the coin.
Why is a military training facility NOT appropriate for a business park? Who says?
How is a shooting range, whether recreational or training, NOT appropriate for a business park? Who says?
Why is it an evasion, or a lie, for the company which you claim is owned by Blackwater, to apply for the permit? Who says?
You've laid out nothing which is either offensive, illegal, or immoral! Or, did you forget some of your points?
Semper fi
08:43 AM on 07/09/2008
Um, let's see here. Around where I live Planned Parenthood got a building permit by having a subsidiary which was not commonly associated with them apply. Once it became known who was trying to move in, the people challenged them since they hadn't listed THEIR name on the application. This is the same sort of thing, EXCEPT that in the case of blackwater there's a possibility of accidental death caused by misfires, etc..... So that one's worse!

And NO, a firing range does NOT belong in a business park! A firing range requires way too much room, and since business parks are a medium to high density area, they DON'T have the room!
Berettasskeeter
For what we are about to receive, may we be truly
10:10 PM on 07/08/2008
As Blackwater is an incorporated business, they have a right to offer to buy/lease any property which they deem acceptable to their operations! Do you dispute this, and if so, how? Is it any different from McDonalds or Starbucks in it's incorporation rights? I doubt it. The city or county of San Diego may decline to accept the offer, if the property belongs to them. But, if the property is privately owned, that is the right of the owner. How the property is zoned will certainly make a difference, but I doubt that Blackwater would offer to buy/lease property which is zoned contrary to their needs.
I fail to see how the Third Amendment, which applies to privately owned homes, in any way applies to this case, and you haven't made the case for your argument!
Semper fi
09:50 AM on 07/09/2008
Yes, I dispute this. As Blackwater is an incoporated business, it has no rights under the Constitution. The OWNERS of Blackwater, on the other hand, do have those rights so the rest of your arguements still apply. It's a little point, but one I think is important.
Berettasskeeter
For what we are about to receive, may we be truly
09:19 PM on 07/09/2008
You may be astonished to find that incorporated entities are treated, for tax purposes, as an individual. Naturally, not being either a tax specialist or a Constitutional scholar, I am not sure of all the differences. But, the word "incorporation", according to Wikipedia is, "Incorporation (abbreviated Inc. in U.S. and Canadian business names) is the forming of a new corporation (a corporation being a legal entity that is effectively recognised as a person, albeit a fictitious one, under the law). The corporation may be a business, a non-profit organization, sports club or a government of a new city or town." So, I'm not sure what your point is!
Semper fi
07:51 PM on 07/08/2008
Blackwater?!? Come on. If you want to do something with this, then talk about the National Guard, which was federalized in 1916, and therefore part of the armed forces.
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10:02 PM on 07/08/2008
Nice try, but a reservist, not on active duty, is a civilian. Yet, if that National Guardsman is on duty, the amendment applies.

Why is it so hard for you to grasp the consequences of allowing any armed, mercenary force, not bound by federal law, to exist on American soil? Didn't your momma teach you right from wrong?
Berettasskeeter
For what we are about to receive, may we be truly
10:09 PM on 07/08/2008
Can you list the roll of mercenary troops currently on American soil? I can't think of a single one!
Semper fi