Bill of Rights

Third Amendment

Plain-English Explanation

The Third Amendment prohibits the government from forcing homeowners to quarter (house) soldiers during peacetime without consent, and during wartime only as prescribed by law. It reflects a colonial-era concern over forced billeting of troops.

Relevant Provision

U.S. Const. amend. III: '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.'

Relevant Decisions

  • Engblom v. Carey

    Engblom v. Carey, 677 F.2d 957 (2d Cir. 1982)

    One of the few cases to address the Third Amendment; the Second Circuit held that the Amendment's protections apply to state action through the Fourteenth Amendment and that National Guardsmen qualify as 'soldiers.'

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