amendment-iii

The Third Amendment– Why is it important today?

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A lot of the context behind the Third Amendment stems from America and Britain’s tensions before the American Revolution. After the Seven Years War between Britain and France, Parliament passed the Quartering Act in 1765, which required American colonists to provide barracks or inns, stables, and alehouses for British soldiers to sleep in. The colonists were also required to provide provisions such as bedding, firewood, and beer. The Third Amendment constitutionally advocates for rights that previous oppressive laws like the Quartering Act denied. It also aligns with the values of the Declaration of Independence and the Constitution, including liberty and the right to personal property. 

The Third Amendment is commonly interpreted as largely limiting the federal government’s ability to quarter soldiers in any person’s private home. The term quarter in this amendment has been commonly interpreted to mean sheltering, placing, or lodging. The phrases “time of peace” and “time of war” refer to the American colonists after the Seven Years War who were forced to quarter British soldiers despite a lack of war or conflict. 

The Third Amendment is one of the least cited and independently debated amendments, but the few interpretations about it still reveal significant details about the intent behind the amendment and its importance to the Constitution throughout history. A notable landmark case directly addressing the Third Amendment was the 1982 Engblom v. Carey case. This case was the first time the Third Amendment was ever interpreted. Engblom v. Carey was a case concerning whether the state of New York violated the Third Amendment rights of correctional officers when it used their state-owned residences to house New York National Guards. In the process of analyzing the case and specific use of the Third Amendment, the Second Circuit Court ended up making three distinct interpretations. The first is how national guards fit the Third Amendment’s description of a “Soldier”. The second was how the Third Amendment’s restrictions applied to state governments as well as the federal government. Finally, the third interpretation was that the Third Amendment also applied to people who were not owners of the property, as long as they had control over the privacy of the property. All of these interpretations illustrate the Third Amendment as less of an exclusive law protecting the private properties of a select few from an oppressive government and military, but more of a law protecting the properties of the general public from various enforcers under governments of all scales. The interpretations of the Third Amendment in Engblom v. Carey make the amendment broader and more applicable in modern contexts.

The Third Amendment and its implications are strongly connected to concepts about establishing independence and national identity. Language in this section of the constitution such as “Soldier” and “quartered” directly refers to its historical context, which included the Quartering Act. By including an amendment that directly opposed Britain’s oppressive Quartering Act, the colonies were able to future separate themselves from Britain and portray themselves as beacons of liberty, people’s rights, and anti-oppression. The Constitution’s Third Amendment is a prominent example of how the colonies were able to forge a uniting anti-Britain identity and establish themselves as an independent, revolutionary nation. This is similar to the impact of the Declaration of Independence over 10 years prior, where unique attributes of the United States were listed to contribute towards the making of a novel national and international identity. 

The Third Amendment – Emmy Casselman

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The Third Amendment addresses the issue of involuntary quartering of British soldiers in the American colonies during times of war and peace, which limits the federal government’s ability to use private homes as housing for soldiers. Before this law was created, the Quartering Acts allowed for British soldiers to stay in the colonists homes, without the consent of the owner. Not only were the owners required to shelter the soldiers, but they had to provide food, bedding, beer, eating utensils, and much more, which was very invasive and destroyed the homes of the colonsists.

Since Britain was in debt, the British could not afford to house their soldiers themselves, so they put the burden and expense on the Americans, who were the enemies. The colonists felt that housing British soldiers without their permission was an invasion of privacy by the government and violated the 1689 English Bill of Rights. Eventually in 1766, the colonists refused to house the soldiers, forcing them to remain on the ships they arrived on, and later when the Bill of Rights was being written, made sure to include the subject of quartering soldiers, as they hoped housing their enemies would end. The Third Amendment does not have much direct Constitutional relevance at present.

Even though the federal government would never ask people to house soldiers today, there are some modern implications. It suggests that people have the right to domestic privacy and that they are not subject to home invasion by the government or soldiers, even in times of war. It is also the only part of the Constitution that addresses the relationship between civilians and soldiers, and this in particular emphasizes the control the people have over armed forces. Although this Amendment was important, just like all the others, there are not many Supreme Court cases that cite the Third Amendment. The lack of judicial interpretation may be because of the straightforward phrasing.

One of the few Supreme Court cases that mentions the Third Amendment is Griswold v. Connecticut, a case involving the constitutional right to contraception. It uses the Third Amendment as one of several constitutional guarantees with “penumbras” that “create zones of privacy.” Furthermore, in Katz v. Connecticut, in concern of a “search” or “seizure” under the Fourth Amendment, the Court noted the Third Amendment as “another aspect of privacy from governmental intrusion.” In Engblom v. Carey, the only court case to examine the Third Amendment in depth, discussed whether or not the state of New York violated correction officers’ Third Amendment rights when it used their state-owned residences without their consent to house New York National Guards.

As said before, although people today would not be asked to quarter soldiers, the fact that people have the right to privacy in their homes is very modern. Just like the Enlightenment thinkers, this idea was new and one people liked, especially in a time where America was trying to become independent from Britain. The enlightenment thoughts on quartering soldiers led to the American Revolution, and eventually, their freedom.