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BIBLE LAW VS. CONSTITUTIONALISM:
A Christian Perspective

Printable version.

Chapter 13
Amendments 3 & 4
: Privacy:
Constitutional or Biblical?

Amendment 3

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.

Amendment 4

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.

Home and Castle

Although perhaps not immediately apparent, Amendments 3 and 4 are already provided for by Yahweh’s1 case law found in Deuteronomy 24:

When thou dost lend thy brother any thing, thou shalt not go into his house to fetch his pledge. Thou shalt stand abroad [remain outside, NASV], and the man to whom thou dost lend shall bring out the pledge abroad unto thee. (Deuteronomy 24:10-11)2

This Eighth Commandment statute is also expressed in 1 Kings 4:25 as “every man [dwelling safely] under his [own] vine and under his [own] fig tree.”

In 1763, Sir William Pitt, Earl of Chatham, wrote what might be considered a summation of both Deuteronomy 24:10-11 and the Third and Fourth Amendments:

The poorest man may in his cottage bid defiance to all the forces of the Crown [or any government]. It may be frail – its roof may shake – the wind may blow through it – the storm may enter – the rain may enter – but the King of England cannot enter! – all his force dare not cross the threshold of the ruined tenement.3

However, under Constitutional law, because the United States county governments have stolen all private property – that is, homes and lands – via property taxes, the United States government is no longer obligated to fulfill this guarantee. (Property tax will be addressed in Chapter 25 when addressing Amendment 16.)

“In Time of War”

Amendment 3 provides for the quartering of soldiers “in time of war” as “prescribed by [United States government] law,” whereas Yahweh’s law makes no such provision. Under Yahweh’s law, a man’s home, regardless how humble, is still his castle. His home and property belong to him, not the government. He has final say over who may or may not enter. Home owners, unless criminals, are protected from all unwanted and uninvited intruders, even during times of war.


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Click to order the Bible Law vs. The United States Constitution CDs:

  • The e-book (on CD) A Christian Perspective on the U.S. Constitution
  • The audio CD The Bible vs. The U.S. Constitution (Pts. 1 & 2)

End Notes

1. YHWH (most often pronounced Yahweh) is the English transliteration of the Tetragrammaton, the principal Hebrew name of the God of the Bible. For a more thorough explanation concerning the sacred names of God, “The Third Commandment” may be read online, or the book Thou shalt not take the name of YHWH thy God in vain may be ordered from Mission to Israel Ministries, PO Box 248, Scottsbluff, Nebraska 69363, for a suggested $4 donation.*

2. All Scripture is quoted from the King James Version unless otherwise noted. Portions of Scripture have been omitted for brevity. If there are questions regarding any passage, please open your Bible and study the text to ensure it has been properly used.

3. Sir William Pitt, quoted in Clive Bigham, The Prime Ministers of Britain, 1721-1921 (Whitefish, MT: Kessinger Publishing, 1924) p. 83.

*We are admonished in Matthew 10:8 “freely ye have received, freely give.” Although we have suggested a price for our books, we do not sell them. In keeping with 2 Corinthians 9:7, this ministry is supported by freewill offerings. If you cannot afford the suggested price, inform us of your situation, and we will be pleased to provide you with whatever you need for whatever you can send.


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