1998 CPEO Military List Archive

From: themissinglink@eznetinc.com
Date: 19 Jan 1998 13:27:05
Reply: cpeo-military
Subject: Fort Sheridan Landfill
 
THE THIRD AMENDMENT TO THE CONSTITUTION AND LANDFILL #7 AT THE
FORMER FORT SHERIDAN

While the constitution provides for the common defense of the
United States, the Third Amendment limits the intrusion of those
activities into the lives and homes of the citizenry during
peacetime. Actually 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."

If you are a literal interpreter of the Constitution you might
say that the quartering of soldiers has nothing to do with the
Army setting up a landfill which is leaking toxins into the
water supply of a regional community. To suggest such a literal
interpretation would assume an amendment for such a specific
purpose as to make one wonder if the founders lacked the
provisions or will to build proper barracks for their soldiers.
Since the Fifth Amendment provides for the taking of private
property for public use with just compensation, we can assume
that the ban on quartering soldiers in private homes has more to
do with the acceptable level of intrusion into the lives of
private citizens by the conflict free military arm of government
than with the logistics of soldier sleeping arrangements.

Since military pollution was not an issue at the time and as
stated, the government could always commandeer necessary private
property, quartering was the only burden needing an amendment to
protect the individual rights and liberty of the homesteader.

With military manufacturing and maintenance of high tech
weaponry comes highly toxic pollution. The idea that the Army
can dispose of their waste in ways which poison the citizen
community'swater supply, then become the lead agency in
determining the remediation efforts necessary, and finally,
choose the least costly remediation alternative most likely to
continue poisoning the well is exactly the kind of strong arm
federalism which our forefathers sought to protect the
individual against.

The toxic waste of the military entering into our homes and
bodies is as great an affront to our individual rights, if not
greater, than the quartering of military personnel in our homes.
Besides providing for the common defense, the constitution is
set up to establish justice and promote the general welfare.

Therefore, I propose that Landfill #7 and also the million
rounds of lead containing artillery shot into Lake Michigan is
an unconstitutional quartering of Army materiel in our houses
and bodies without the consent of we the people as the owners. I
further propose that it is unconstitutional for the Army to
remediate their own sites. Complete authority over the sites
should be given to the state EPA and U.S. EPA with unconditional
funding by the Army. Finally, since all landfills are known to
leak, capping as a presumptive remedy is also unconstitutional
insofar as it pertains to Army sites and the Third Amendment.

Our clean environment is being taken without just
compensation(not possible) as provided by the Fifth Amendment so
the Third Amendment must be upheld.

by Steven Pollack

steve@familyjeweler.com
http://www.familyjeweler.com/fortweb.htm

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