Leila – The Third Amendment

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The Third Amendment

The Third Amendment was ratified on December 15, 1791 as part of the Bill of Rights, providing that soldiers cannot stay in American citizens’ private homes without the homeowners’ consent. It was in response to British soldiers taking over colonists’ homes without the owners’ approval during the colonial period. The British had passed the Quartering Acts of 1765 and 1774 which made the colonists’ lives and the intrusion of the British soldiers into their homes even worse.

These Acts stated that colonists had to house soldiers in barracks, and, if that was not an option, soldiers would come into people’s homes where their necessities would be provided and paid for. These Acts also stated that British soldiers could take over uninhabited buildings and barns, allowing even more spaces to be commandeered by the British. The colonists saw this as an invasion of property and privacy. In addition, many soldiers were sick with diseases including smallpox. The Third Amendment was a response to these Acts, and an important protection for private property, life and privacy. 

There are several interpretations of the philosophy behind the Third Amendment. One interpretation focuses on the Third Amendment as giving more power to civilians than the militia or the government. Another interpretation centers on the right to privacy. These themes are consistent with concepts supported by Enlightenment thinkers such as John Locke who promoted similar ideas about Natural Rights, regarding a limited government and protected rights of the people such as life, liberty and property.  Locke believed that governments should be based on these ideas.

Although the Third Amendment comes up infrequently in case law, it has been brought up in a few legal cases. In Griswold vs. Connecticut in 1965, a case about the right of married people to purchase birth control, the Amendment is cited as a protection of Americans’ privacy. In cases related to abortion, the Third Amendment has been used to argue that abortion rights are protected by inference in the Constitution. [1] Specifically, the Third Amendment protects privacy rights, and freedom from government interference in people’s homes. This is important because a right to “privacy” is not explicitly contained in the Constitution. Challengers to abortion rights often argue that since the specific right to privacy is not mentioned in the Constitution, cases that protect important human rights under a “privacy” analysis can be overruled. The Third Amendment gives some weight to privacy protections though often does not apply to cases not involving soldiers and homes. An interesting modern interpretation even speaks to the right to “freedom from infection” contained in the Third Amendment. [2]  One question would be if the Third Amendment served its purpose. If it was truly intended to protect privacy why didn’t it state that more clearly. A house is just a place, but a home is a place where you are free with privacy.

1. 1.  The Bill of Rights Institute, “Griswold v Connecticut (1965),” The Bill of Rights Institute, 2023, https://billofrightsinstitute.org/e-lessons/griswold-v-connecticut-1965.
   2. Alexander Zhang, “The Forgotten Third Amendment Could Give Pandemic-Struck America a Way Forward,” The Atlantic, May 31, 2020, https://www.theatlantic.com/ideas/archive/2020/10/could-third-amendment-protect-against-infection/616791/.

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