A Protection Against Viruses Hides in an Overlooked Corner of the Constitution
The Third Amendment gets little attention in modern discourse, but its history hints at an intriguing new way to think about whether the public has a right to be free from infection.
Jeff B, fightin' the COVID one boot
127d ago
This is the sort of incredibly stupid ConLaw hottake that could only come from a Yale Law *student*: the 3rd Am (which prohibits the gov't from forcing citizens to house soldiers) can actually be used to enforce ultra-restrictive COVID federal measures.
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I can think of few public health measurers that would be more effective than turning over the fighting of infection to the federal courts with the 3rd Amendment for guidance.
OH MY GOD IT'S FINALLY HAPPENING THE DEBATE OVER THE THIRD AMENDMENT YOU GUYS YOU GUYS
I've always believed that the underrated Third Amendment should be used to protect us from unwanted house guests. But it could also be used against viruses, Alexander Zhang argues in this piece
Invoking the Third Amendment (anti-quartering of troops) to read pandemic policy into the Constitution? Maybe PPE stands for Proposed Penumbras and Emanations. #CatoSCOTUS
The Forgotten Third Amendment Could Give Pandemic-Struck America a Way Forward: An overlooked corner of the Constitution hints at a right to be protected from infection.
theatlantic.com/ideas/archive/… via @regularalex
But people keep telling me there's no difference between originalism and other approaches to constitutional interpretation