Throughline

We The People: Canary in the Coal Mine

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Jul 24, 2025
Michael Smith, an Assistant Professor of Law at St. Mary's University and an expert on the Third Amendment, dives into the surprising relevance of this oft-overlooked constitutional provision. He discusses historical violations, including the quartering of troops during crises like Hurricane Katrina. Smith draws parallels between past grievances and contemporary issues of civil liberties, urging listeners to reconsider how this amendment ties into modern political violence and police militarization. It's a compelling exploration of our legal protections against government overreach.
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INSIGHT

Third Amendment as Canary

  • The Third Amendment acts like a canary in a coal mine, signaling bigger constitutional problems if violated.
  • Its presence warns of escalating government overreach before other rights are breached.
ANECDOTE

War of 1812 Quartering Case

  • During the War of 1812, American troops quartered without consent, burning John Anderson's home.
  • Congress compensated Anderson $1,300 for his loss, acknowledging a Third Amendment violation.
ANECDOTE

Aleutian Islands Wartime Quartering

  • In 1942, the U.S. military forcibly evacuated the Aleutian Islanders and quartered troops in their homes without Congressional authorization.
  • This led to immense suffering, property destruction, and a clear Third Amendment violation.
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