Third Amendment to the United States Constitution

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The Third Amendment to the United States Constitution prohibits the peacetime quartering of soldiers in private homes without the owner’s consent, reflecting early American concerns about military intrusion into civilian life.

Aliases (1)
  • Third Amendment ×2

Statements (48)
Predicate Object
instanceOf amendment to the United States Constitution
constitutional amendment
adoptedBy United States
allows quartering of soldiers in wartime as prescribed by law
appliesTo United States armed forces
private homes
authoredBy James Madison
bindingOn federal government of the United States
category Human rights in the United States
United States constitutional provisions
United States military law
country United States of America
enforcedBy United States courts
Engblom v. CareyHolding National Guard troops are soldiers for Third Amendment purposes
Third Amendment can apply to state actions via incorporation
follows Second Amendment to the United States Constitution
historicalContext American colonial experience under British rule
includedIn original ten amendments known as the Bill of Rights
incorporationStatus partially incorporated against the states through the Fourteenth Amendment
inspiredBy Quartering Acts
jurisdiction federal government of the United States
language English
legalDomain constitutional law
legalEffect limits government use of private property for military housing
notableCase Engblom v. Carey
partOf United States Bill of Rights
United States Constitution
positionInSeries 3
precedes Fourth Amendment to the United States Constitution
prohibits quartering of soldiers in private homes in peacetime without owner consent
proposedBy First United States Congress
proposedOn 1789-09-25
protects homeowners
privacy in the home
property rights
rarelyLitigated true
ratifiedOn 1791-12-15
reflectsConcern military intrusion into civilian life
standing armies in peacetime
requires owner consent for peacetime quartering of soldiers
statutory authorization for wartime quartering of soldiers
restricts government power to house soldiers in private dwellings
rightType negative right
scope time of peace and time of war
subject civil liberties
quartering of soldiers
relationship between military and civilians
text 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.


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