Malcolm Rivera
The Third Amendment to the US Constitution, part of the Bill of Rights, was proposed by the First Congress of the United States on September 25, 1789, and ratified on December 15, 1791. It states that 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. This amendment protects citizens from having their homes used to house military personnel without their consent, even during times of war.
| Characteristics | Values |
|---|---|
| Date proposed | September 25, 1789 |
| Date ratified | December 15, 1791 |
| Content | 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 |
| Position in Bill of Rights | Third Amendment |
| Number of amendments proposed in 1789 | 12 |
| Number of amendments ratified in 1791 | 10 |
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What You'll Learn
The Third Amendment's role in limiting executive power
The Third Amendment to the US Constitution, part of the Bill of Rights, states:
> 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.
This amendment was proposed by the First Congress of the United States on September 25, 1789, and ratified on December 15, 1791. It is one of the first ten amendments to the Constitution, which form the Bill of Rights.
The Third Amendment limits executive power by prohibiting the government from housing soldiers in private residences without the owner's consent, even during wartime. This provision ensures that citizens' property rights are respected and prevents the government from imposing undue burdens on individuals by requiring them to provide accommodation for military personnel.
The amendment also reinforces the principle of civilian control over the military. By requiring consent from citizens before soldiers can be quartered in their homes, the amendment helps to maintain a clear separation between the military and civilian spheres. This separation is crucial for maintaining a democratic society and preventing the abuse of power by the executive branch.
Additionally, the Third Amendment contributes to the protection of civil liberties and individual privacy. By prohibiting the government from arbitrarily quartering soldiers in private homes, the amendment helps to safeguard individuals' right to privacy and freedom from government intrusion in their daily lives.
Overall, the Third Amendment plays a significant role in limiting executive power and protecting the rights and liberties of US citizens. By requiring consent for the quartering of soldiers and separating military and civilian spheres, it helps to maintain the delicate balance of power between the government and the people.
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The Amendment's unanimous ratification
The Third Amendment of the U.S. Constitution, which was passed by Congress on September 25, 1789, and ratified on December 15, 1791, states: "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."
This amendment is part of the first ten amendments, known collectively as the Bill of Rights. These amendments were proposed by the First Congress of the United States on September 25, 1789, and offered to the states for ratification. Ten of the proposed twelve amendments were ratified by three-fourths of the state legislatures on December 15, 1791, and constitute the first ten amendments of the Constitution or the U.S. Bill of Rights.
The process of achieving unanimous ratification for the first ten amendments, including the Third Amendment, was a significant milestone in the early years of the United States. The Bill of Rights was designed to protect the fundamental rights and freedoms of Americans and set clear limitations on the powers of the federal government. The unanimous ratification of these amendments by the states reflected a strong consensus and commitment to safeguarding individual liberties and establishing a balanced and just political system.
The Third Amendment, specifically, addressed the concerns of the early Americans about the quartering of soldiers in their homes, ensuring that citizens' privacy and property rights were protected even during times of peace or war. This amendment was particularly relevant in the context of the Revolutionary War and the presence of British troops in the colonies. By ratifying this amendment, the states unanimously agreed to protect individuals' rights to privacy and property, further reinforcing the principles of liberty and limited government power upon which the nation was founded.
Overall, the unanimous ratification of the first ten amendments, including the Third Amendment, played a pivotal role in shaping the relationship between the government and the people, establishing a framework that continues to safeguard the rights and freedoms of Americans today.
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The Amendment's origin in the Bill of Rights
The Third Amendment to the United States Constitution is a part of the Bill of Rights. It was introduced in Congress in 1789 by James Madison in response to Anti-Federalist objections to the new Constitution.
The Bill of Rights was first proposed by James Madison in the First United States Congress. Madison suggested twenty amendments based on state bills of rights and English sources such as the Bill of Rights of 1689. One of these was a prohibition against quartering troops in private homes. Several revisions to the future Third Amendment were proposed in Congress, mainly concerning the distinction between peace and wartime. However, the amendment ultimately passed Congress with almost no changes and by unanimous vote. Congress reduced Madison's proposed twenty amendments to twelve, and these were submitted to the states for ratification on September 25, 1789.
The Third Amendment was introduced in Congress on September 28, 1789, and by December 15, 1791, the necessary three-quarters of the states had ratified it. The amendment states: "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."
The quartering of troops was cited as one of the colonists' grievances in the United States Declaration of Independence. In 1765, the Parliament of Great Britain enacted the Quartering Act, requiring the Thirteen Colonies to provide food and lodging for British Army troops. This Act was one of the Intolerable Acts that pushed the colonies toward revolution. The Third Amendment has been invoked in a few instances to establish an implicit right to privacy in the Constitution.
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The Amendment's basis in the right to privacy
While the US Constitution does not explicitly mention a right to privacy, this right is derived from several Constitutional Amendments, federal statutes, and state laws. The Third Amendment, which states that "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", is one of the Amendments that forms the basis for the right to privacy.
The Third Amendment protects the zone of privacy in the home. This was affirmed by Justice Louis D. Brandeis in his dissent in Gilbert v. Minnesota (1920), where he stated that the First Amendment protected the privacy of the home. In Griswold v. Connecticut (1965), Justice William O. Douglas further emphasised this right, placing privacy in a "penumbra" cast by the First, Third, Fourth, Fifth, and Ninth Amendments.
The right to privacy embodies the belief that private information should be protected from public scrutiny and that individuals have the right to be left alone. As technology advances, more of our personal information is being held by third parties, which creates challenges for the legal system in balancing collective public interests against individual privacy interests.
Legal scholars, state courts, and federal courts have all played a role in shaping case law related to privacy rights. While there is no explicit constitutional right to privacy, privacy acts exist in federal United States Code (U.S.C.) legislated by Congress. Additionally, state and federal laws may limit certain privacy rights when there is a compelling government interest.
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The Amendment's application in Engblom v. Carey
The Third Amendment to the United States Constitution states that "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." This amendment has rarely been cited in US case law and has never been the primary basis for a Supreme Court decision.
In the case of Engblom v. Carey, plaintiff-appellants Marianne Engblom and Charles Palmer, corrections officers at Mid-Orange Correctional Facility in Warwick, New York, alleged that their Third Amendment rights were violated when they were evicted from their staff housing without notice during a statewide strike of corrections officers in April and May 1979. The eviction took place to accommodate members of the National Guard, who were activated by Governor Hugh Carey to maintain prisons during the strike. Engblom and Palmer filed suit in the United States District Court for the Southern District of New York, claiming violations of their due process rights under the Fourteenth Amendment and the Third Amendment. The District Court dismissed their claims, finding that they did not have a sufficient possessory interest in their staff housing to warrant protection under the Third Amendment.
Engblom and Palmer then appealed to the Court of Appeals for the Second Circuit, which interpreted the Third Amendment for the first time. The Court of Appeals held that national guardsmen are considered soldiers for the purposes of a Third Amendment claim, extending its protections beyond the federal armed forces to include state-regulated militias. This decision set a precedent for New York, Vermont, and Connecticut, and its implications were considered by legal scholars.
Judge Irving R. Kaufman concurred in part and dissented in part, arguing that the officers' occupancy was covered by the lesser protection of employee housing and that the special circumstances of residency in prison grounds superseded Third Amendment protection. He deemed the application of the Third Amendment in this case to be "far-fetched." The Second Circuit acknowledged the rarity of invoking the Third Amendment and the "'far-fetched'" nature of the claim, but nonetheless proceeded with the interpretation.
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Frequently asked questions
The Third Amendment states that no soldier shall, in peacetime, be quartered in any house without the owner's consent, nor in times of war, except in a manner prescribed by law.
The Third Amendment was introduced to address Anti-Federalist concerns about the new Constitution and to prevent the arbitrary quartering of troops in private homes.
The Third Amendment was proposed by James Madison in 1789 as part of the Bill of Rights and was ratified by three-quarters of the states by December 15, 1791.
The Third Amendment is one of the least cited sections of the U.S. Constitution, and no major Supreme Court decision has relied primarily on it. However, it was invoked in the Court of Appeals case Engblom v. Carey in 1982.
The Third Amendment continues to be relevant as it establishes a limit on executive power during wartime and may contribute to an implicit right to privacy in the Constitution.
