NationMaster - Encyclopedia: Third Amendment to the United States Constitution

The Third Amendment to the United States Constitution is a part of the United States Bill of Rights. It prohibits the quartering of soldiers (military personnel) in private homes without the owner's consent in peacetime. It makes quartering legally permissible in wartime only, but only in accordance with law. The Founding Fathers' intention in writing this amendment was to prevent the recurrence of soldiers being quartered in private citizens' houses as was done in Colonial America by the British military under the Quartering Act before the American Revolution (1775/6). Image File history File linksMetadata Download high resolution version (4318x4592, 1500 KB) Description: THE BILL OF RIGHTS Credit: NARA [1] Usage: File links The following pages link to this file: United States Constitution United States Bill of Rights Metadata This file contains additional information, probably added from the digital camera... Image File history File linksMetadata Download high resolution version (4318x4592, 1500 KB) Description: THE BILL OF RIGHTS Credit: NARA [1] Usage: File links The following pages link to this file: United States Constitution United States Bill of Rights Metadata This file contains additional information, probably added from the digital camera... The National Archives building in Washington, DC The United States National Archives and Records Administration (NARA) is an independent agency of the United States federal government charged with preserving and documenting government and historical records. ... Wikisource has original text related to this article: The United States Constitution The United States Constitution is the supreme law of the United States of America. ... Image of the United States Bill of Rights from the U.S. National Archives and Records Administration. ... This article is about a military rank. ... Scene at the Signing of the Constitution of the United States, by Howard Chandler Christy. ... In 1775, the British claimed authority over the red and pink areas on this map and Spain ruled the orange. ... Quartering Act is the name of at least two acts of the Parliament of Great Britain. ... John Trumbulls Declaration of Independence, showing the five-man committee in charge of drafting the Declaration in 1776 as it presents its work to the Second Continental Congress in Philadelphia The American Revolution refers to the period during the last half of the 18th century in which the Thirteen... Year 1775 (MDCCLXXV) was a common year starting on Sunday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Thursday of the 11-day slower Julian calendar). ... Year 1776 (MDCCLXXVI) was a leap year starting on Monday (link will display the full calendar) of the Gregorian calendar (or a leap year starting on Thursday of the 11-day slower Julian calendar). ...

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History

The original text of the Constitution generated some opposition on the ground that it did not include adequate guarantees of civil liberties. In response, the Third Amendment, along with several amendments including the ten that now form the Bill of Rights, was proposed by Congress in 1789. The process of adoption by ratifications by the requisite number of states was completed on December 15, 1790. Civil liberties is the name given to freedoms that protect the individual from government. ... Year 1789 (MDCCLXXXIX) was a common year starting on Thursday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Monday of the 11-day slower Julian calendar). ... Ratification is the act of giving official sanction to a formal document such as a treaty or constitution. ... is the 349th day of the year (350th in leap years) in the Gregorian calendar. ... Year 1790 (MDCCXC) was a common year starting on Friday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Monday of the 11-day slower Julian calendar). ...

Case law

The Third Amendment is among the least cited sections of the U.S. Constitution, having been addressed only once by a Federal court. A product of its times, its relevance has greatly declined since the American Revolution. In particular, military operations occurring on U.S. territory have been increasingly infrequent, especially after the Civil War in the 19th century. John Trumbulls Declaration of Independence, showing the five-man committee in charge of drafting the Declaration in 1776 as it presents its work to the Second Continental Congress in Philadelphia The American Revolution refers to the period during the last half of the 18th century in which the Thirteen... Combatants United States of America (Union) Confederate States of America (Confederacy) Commanders Abraham Lincoln, Ulysses S. Grant Jefferson Davis, Robert E. Lee Strength 2,200,000 1,064,000 Casualties 110,000 killed in action, 360,000 total dead, 275,200 wounded 93,000 killed in action, 258,000 total... Alternative meaning: Nineteenth Century (periodical) (18th century — 19th century — 20th century — more centuries) As a means of recording the passage of time, the 19th century was that century which lasted from 1801-1900 in the sense of the Gregorian calendar. ...

3rd Amendment and the right to privacy

Some Supreme Court justices have occasionally invoked it when seeking to establish a base for the right to privacy; see, for example, the Opinion of the Court by Justice William O. Douglas in Griswold v. Connecticut, 381 U.S. 479, 484 (1965). The amendment is seen to imply a belief that an individual's home should be free from agents of the state. William Orville Douglas (October 16, 1898 â€“ January 19, 1980) was a United States Supreme Court Associate Justice. ... Holding A Connecticut law criminalizing the use of contraceptives violated the right to marital privacy. ...

Directly relevant case law

The only instance a Federal court was asked to invalidate a law or action on Third Amendment grounds was in Engblom v. Carey, decided by the Court of Appeals for the Second Circuit in 1982. In 1979, prison officials in New York organized a strike; they were evicted from their prison facility residences, which were reassigned to members of the National Guard who had temporarily taken their place as prison guards. The prison officials' Third Amendment claims were summarily rejected on the ground that they were not owners of the residences. On appeal, however, the term "owner" was construed more broadly. Since there existed no Supreme Court precedents on the Third Amendment, the Circuit Court of Appeals relied on rulings relating to the Fourth Amendment, as both Amendments relate to what are considered privacy rights (the former to quartering, the latter to search and seizure). It was noted that the Supreme Court had rejected notions that Fourth Amendment protections extended only to owners of property, that Court having ruled that "one who owns or lawfully possesses or controls property will in all likelihood have a legitimate expectation of privacy." Similarly, the Circuit Court extended Third Amendment protections to tenants. The United States federal courts are the system of courts organized under the Constitution and laws of the federal government of the United States. ... Engblom v. ... The United States Court of Appeals for the Second Circuit is a federal court with appellate jurisdiction over the district courts in the following districts: District of Connecticut Northern, Southern, Eastern, and Western Districts of New York District of Vermont The Second Circuit hears argument at the Thurgood Marshall U... Year 1982 (MCMLXXXII) was a common year starting on Friday (link displays the 1982 Gregorian calendar). ... Also: 1979 by Smashing Pumpkins. ... â€œNYâ€ redirects here. ... The United States National Guard is a reserve forces component of the United States Army (the Army National Guard) and the United States Air Force (the Air National Guard). ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas Politics Portal The Supreme Court of the United States (sometimes colloquially referred to by the acronym... The Bill of Rights in the National Archives. ... The right to privacy is a purported human right and an element of various legal traditions which may restrain both government and private party action. ... Search and seizure is a legal procedure used in many common law whereby police or other authorities and their agents, who suspect that a crime has been committed, do a search of a persons property and confiscate any relevant evidence to the crime. ... Please wikify (format) this article as suggested in the Guide to layout and the Manual of Style. ...

Engblom v. Carey thus represents the whole of the judicial explication of the Third Amendment Engblom v. ...

In Practice

Depending upon how one might interpret the latter part of the text, "nor in time of war, but in a manner to be prescribed by law", U.S. military forces regularly violated the Third Amendment during the War of 1812 and the American Civil War. In both cases, a de facto state of war existed, but forced quartering occurred "in a manner" which was not "prescribed by law". Congress never officially declared war against the Confederate States, but this would mean that the forced quartering in states loyal to the Union would have been covered by the first part of the Amendment even if the second part did not. This article is about the U.S. â€“ U.K. war. ... Combatants United States of America (Union) Confederate States of America (Confederacy) Commanders Abraham Lincoln, Ulysses S. Grant Jefferson Davis, Robert E. Lee Strength 2,200,000 1,064,000 Casualties 110,000 killed in action, 360,000 total dead, 275,200 wounded 93,000 killed in action, 258,000 total...

External links

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