Third Amendment

Quick Definition: Third Amendment

“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.”

Key points

• Direct response to British practices before the Revolution, protecting against forced housing of troops.
• Rarely litigated but considered a foundation for the broader right to privacy.
• In Engblom v. Carey (1982), a federal court recognized its application to state actions and modern housing situations.

FAQ

• Does this apply in emergencies? In wartime, quartering is only allowed as prescribed by law.
• Has the Supreme Court ruled on this? No major Supreme Court rulings exist; it’s mainly symbolic and rarely invoked.
• Is this right incorporated? It’s unclear, but some lower courts have applied it to states.