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6 answers

The question of "who wrote it" may mislead. Here's why

1) Though it is true that Madison drafted it, as he did a whole SERIES of them at the time, it was, like the rest, BASED on amendments proposed by the various states in statements they issued connection with their ratification of the Constitution. FIVE states called for an amendment against the forcible quartering of soldiers (see a list and links to their specific proposals about this below).

2) The idea and language was not original with these states either.

There is a long historical background to this amendment. For a study of the amendment, including its historical Roots in European, esp. English history and the drafting of the Constitutional amendment see "The Third Amendment: Forgotten but Not Gone" by Tom W. Bell
William & Mary Bill of Rights J. 117 (1993) - posted here:
http://www.tomwbell.com/writings/3rd.html

One of the best examples of this issue in English history is found in the English Bill of Rights of 1689 (the document which officially declared the "Glorious Revolution", that is, the removal of James II and installation of William and Mary). The fifth grievance listed against James II --to justify his removal-- was that he "[did endeavour to subvert and extirpate . . . the laws and liberties of this kingdom] by raising and keeping a standing army within this kingdom in time of peace without consent of Parliament, and quartering soldiers contrary to law"
http://www.yale.edu/lawweb/avalon/england.htm

3) Congress did NOT adopt Madison's form of the amendment!

As the Bell article linked above notes:
"In spite of the apparent superiority of Madison's quartering amendment, the select committee to which it and Madison's other proposed amendments were referred rejected it for a quartering amendment that read essentially the same as the second version of the states' proposals and the final version of Third Amendment" (check the article for the details on the different forms of the amendment)
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Here are the states that proposed such an amendment, with links to their proposals
New Hampshire, New York, Maryland, Virginia, North Carolina
http://www.constitution.org/rc/rat_decl-nh.txt Tenth
http://www.constitution.org/rc/rat_decl-ny.txt (9th listed, no numbering)
http://www.constitution.org/rc/rat_md.txt 10.
http://www.constitution.org/bor/amdvacon.txt Eighteenth
http://www.constitution.org/rc/rat_decl-nc.txt 18th

You may also wish to see and compare the VARIETY of state-proposed amendments-- here is an index of the statements from each state:
http://www.constitution.org/dhbr.htm

And here is a chart of the Sources of a whole host of these amendments (who offered, which were ratified, etc). Check the final column and you'll see that this a fairly common proposal (unlike some that only one or two states asked for).
http://www.constitution.org/bor/sources.htm

Another way to appreciate this amendment is to see its connection to the concern about a "standing army". Many colonists strongly objected to a standing army (that is, one maintained through peace times), preferring to lean on the local and state militias.

2007-12-16 12:43:57 · answer #1 · answered by bruhaha 7 · 0 0

Who Wrote The Third Amendment

2016-11-07 22:19:31 · answer #2 · answered by trippi 4 · 0 0

OK, let's see, James Madison (one of the founding fathers) proposed 12 amendments to the constitution on sept 5, 1789, and then on december 15, 1791, 3/4's of the states ratified 10 of them. Those 10 amendments BECAME the Bill of Rights. The reason it was written was cause of the fact the english crown had forced them to quarter british soldiers without their consent and wished to avoid that. ok?

2007-12-19 10:37:45 · answer #3 · answered by Anonymous · 0 0

James Madison wrote it and it was ratified on 12/15/1790 as part of the Bill of Rights. A great article on the 3rd amendment appears below. You should read it.

2007-12-16 06:30:29 · answer #4 · answered by usaman345 3 · 0 0

United States Bill of Rights
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United States Bill of Rights
Image of the United States Bill of Rights from the U.S. National Archives and Records Administration
Image of the United States Bill of Rights from the U.S. National Archives and Records Administration
Created 1791
Location National Archives
Authors James Madison
Purpose A bill of rights for the United States

The Bill of Rights are the first ten amendments to the United States Constitution. They were introduced as a series of amendments in 1789 in the 1st Congress by James Madison. Ten of the amendments were ratified and became the Bill of Rights in 1791. These amendments limit the powers of the federal government, protecting the rights of all citizens, residents and visitors on United States territory. Among the enumerated rights these amendments guarantee are: the freedoms of speech, press, and religion; the people's right to keep and bear arms; the freedom of assembly; the freedom to petition; and the rights to be free of unreasonable search and seizure; cruel and unusual punishment; and compelled self-incrimination. The Bill of Rights also restricts Congress' power by prohibiting it from making any law respecting establishment of religion and by prohibiting the federal government from depriving any person of life, liberty, or property without due process of law. In criminal cases, it requires indictment by grand jury for any capital or "infamous crime," guarantees a speedy public trial with an impartial and local jury, and prohibits double jeopardy. In addition, the Bill of Rights states that "the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people,"[1] and reserves all powers not granted to the Federal government to the citizenry or States.

These amendments came into effect on December 15, 1791, when ratified by three-fourths of the States. Most were applied to the states by a series of decisions applying the due process clause of the Fourteenth Amendment, which was adopted after the American Civil War.

Initially drafted by James Madison in 1789, the Bill of Rights was written at a time when ideological conflict between Federalists and anti-Federalists, dating from the Philadelphia Convention in 1787, threatened the Constitution's ratification. The Bill was influenced by George Mason's 1776 Virginia Declaration of Rights, the 1689 English Bill of Rights, works of the Age of Enlightenment pertaining to natural rights, and earlier English political documents such as Magna Carta (1215). The Bill was largely a response to the Constitution's influential opponents, including prominent Founding Fathers, who argued that it failed to protect the basic principles of human liberty.

The Bill of Rights plays a central role in American law and government, and remains a fundamental symbol of the freedoms and culture of the nation. One of the original fourteen copies of the Bill of Rights is on public display at the National Archives in Washington, D.C.

2007-12-16 06:40:41 · answer #5 · answered by Loren S 7 · 0 1

I believe it was written in 1789, on September 5th. It should be the Founding Fathers who wrote it.

2007-12-16 06:24:43 · answer #6 · answered by gambit_808 2 · 0 2

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