ople to keep and bear arms shall not be infringed._
It should not be the policy of a republic to keep a large standing army.
An army is expensive, it takes so many men from productive industries, and
it is dangerous to liberty--it may from its training become the instrument
of tyranny.
But a republic must have defenders against foes foreign or domestic. A
well-trained militia may be depended upon to fight with valor against a
foreign foe, and may at the same time serve as a check upon usurpation.
For definition of _militia_, see page 162.
ARTICLE III.
QUARTERING SOLDIERS.
_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 described
by law._
To "quarter" soldiers in any house is to allot them to it for food and
shelter.
This, it will be remembered, was one of the grievances of the colonies.
This quartering of soldiers had been, and indeed is in some countries to
this day, a mode of watching and worrying persons for whom officers of the
government entertained suspicion or ill will.
ARTICLE IV.
SECURITY AGAINST UNWARRANTED SEARCHES.
_The right of the people to be secure in their persons, houses, papers,
and effects, against unreasonable searches, and seizures, shall not be
violated, and no warrants shall issue, but upon probable cause, supported
by oath or affirmation, and particularly describing the place to be
searched, and the persons or things to be seized._
This, as well as the preceding provision, recognizes the maxim, "A man's
house is his castle." It prevents the issuance of general warrants.
ARTICLE V.
SECURITY TO LIFE, LIBERTY AND PROPERTY.
_No person shall be held to answer for a capital or otherwise infamous
crime unless on a presentment or indictment of a grand jury,[1] except in
cases arising in the land or naval forces, or in the militia when in
actual service in time of war, or public danger;[2] nor shall any person
be subject for the same offense to be twice put in jeopardy of life or
limb;[3] nor shall be compelled in any criminal case to be a witness
against himself,[4] nor be deprived of life, liberty, or property, without
due process of law;[5] nor shall private property be taken for public use
without just compensation.[6]
[1] For information in regard to the method of conducting criminal trials,
see Division I.
[2] The necessity here for prompt and exact obedience to or
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