Third Amendment

From RationalWiki
Jump to navigation Jump to search
We the People do ordain and establish this
US Constitution
Constnav icon.png
Standards of review
Other legal theories
Amendments
I - II - III - IV - V - XIV
Defining moments in law

Interpretation
Issues

The Third Amendment to the United States Constitution reads:

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.

Parsing the Third Amendment[edit]

This amendment was very relevant to the era in which it was first passed, since the forcible quartering of British Soldiers was one of the things that precipitated the American Revolution. It is considerably less relevant now as the US military provides housing for its troops - as do most militaries today.

Criticism[edit]

None! Zero! Zilch! This appears to be the only amendment nobody has had any issues with and can, generally, agree upon the interpretation of. But really, will that last?[1] Though this is likely to change with the Mayor of Washington D.C ejecting the Utah National Guard, who are considered soldiers under the law[2] in the midst of the George Floyd protests. The only federal court that has incorporated (applied a portion of the Bill of Rights, which applies to the federal government, to a state) the Third Amendment is the Court of Appeals for the Second Circuit, which covers the states of New York, Connecticut, and Vermont.[3]

Memorable Quotations[edit]

"You troops are just going to have to sleep on the patio" is a perfectly Constitutional thing for you to tell them.
Dave Barry Slept Here: A Sort-Of History of the United States

External links[edit]

References[edit]

  1. If the experts are to be believed: yes, it will last.
  2. [1].
  3. Engblom v. Carey, 677 F.2d 957 (2d. Cir. 1982)