According to the Bill of Rights, Amendments, and U.S. Constitution...?

Question

Are soldiers allowed to take over a personal home or building if needed, and used as a last resort, during a declared war, as a matter of safety?

Answer 1

This action during war time is not in the constitution.  It is found in the  Geneva Convention.  This is used to house troops, wounded and officers.  This was used in the Civil War, WW1 and WW2, not in Korea, or VN or Dessert Storm or Dessert Shield.  I don't know about this present war, but it is still on the books.

Answer 2

no

Answer 3

I really don't think so.  They'd just overthrow it anyways though so...

Answer 4

NO

The Bill of Rights protects against the quartering of soldiers.

Answer 5

I don't think so, they did that in the past.. but that was before the bill of rights and stuff.  

Answer 6

you should probably do your own homework.

at least open the book.

it is clearly stated "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.

however, There has been no Supreme Court explication of this Amendment, which was obviously one guarantee of the preference for the civilian over the military.

In fact, save for the curious case of Engblom v. Carey, 677 F. 2d 957 (2d Cir. 1982), on remand, 572 F. Supp. 44 (S.D.N.Y.), aff'd. per curiam, 724 F.2d 28 (2d Cir. 1983), there has been no judicial explication at all!

so  technically there is no answer to this question yet in american law for "time of war"

Answer 7

You're describing the Third Amendment to the US Constitution.  It prohibits the quartering of soldiers or other military personnel in private homes without the owners consent (during peacetime).  

This amendment was relevant during the American Revolutionary War, but it doesn't really apply in current times.

Answer 8

one of those amendments talk about quartering troops..soldiers using a personal home isnt like eminent domain

Answer 9

they are to an extent if they are under fire or they beleive that their own or innocent civilians are in harms way

Answer 10

Yes, in a declared war that may be done if needed.

Bethany: That would be third. 2nd is right to keep and bear arms.  

Answer 11

Only during a time of War, and according to manner prescribed by law, which would also presumably include the "just compensation" required under the Fifth Amendment.

You picked the one amendment the USSC has never heard anyone complain about.

* John, the "Geneva Convention of 1949" didn't apply to the Civil War, or for that matter WWI and II.  The reason why they didn't should be fairly obvious. Also, the question specifically asked about the Constitution and Amendments.

Answer 12

NOPE no quartering of soldiers 2nd on the bill of rights i believe.  

Answer 13

Well during WWII the americans did force Chinese immigrants to leave their homes.  Not sure though

Answer 14

No, not allowed