Constitutional research / File 03
Amendment III
Examine the rules on quartering soldiers in private homes during peace and war.
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Amendment III
Ratified December 15, 1791
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.
Original spelling and punctuation preserved.
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15 local PDFs for this amendment, with source details and a direct download for each. Start with an overview or follow a case.
15 documents in this file
Georgetown Journal of Law & Public Policy
Presents a scholarly proposal about the modern reach of the quartering prohibition, not an established judicial rule.
Stetson Law Review
Surveys Third Amendment litigation and scholarship during 2020, including modern claims about quartering.
Oklahoma City University Law Review
Studies the relationship between the Third Amendment and other provisions of the Bill of Rights.
Congressional Research Service
Context: explains statutory limits on domestic military law enforcement and their relationship to the constitutional civilian-military tradition.
Tennessee Law Review; author copy hosted by Becket
Analyzes whether religious buildings fall within the amendment's protection against quartering.
U.S. District Court for the District of Nevada; original filing mirrored by Justia
Addresses a Third Amendment claim concerning police occupation of a home and whether municipal officers are soldiers.
Alabama Civil Rights & Civil Liberties Law Review, University of Alabama
Examines the Third Amendment's relationship to military power and modern civilian life.
Indiana Law Review
Explores the Third Amendment as a proposed additional foundation for digital privacy; this is scholarly analysis.
Washburn Law Journal
Examines the protection against quartering, civilian control of the military, and modern applications.
Congressional Research Service / U.S. Government Publishing Office
Provides the official 2012 overview of the Third Amendment and references to Engblom v. Carey.
Cornell Journal of Law and Public Policy
Examines how quartering protections might apply during domestic emergencies and disasters.
William & Mary Bill of Rights Journal (original repository PDF mirrored by David J. Shestokas)
Examines the origins, interpretation, and continuing significance of the protection against quartering troops.
Supreme Court of the United States / U.S. Reports
Context: considers military surveillance and standing, referring to constitutional resistance to military intrusion in civilian affairs.
Supreme Court of the United States / U.S. Reports
Context: a Fourth Amendment privacy decision that mentions the Third Amendment; it does not decide a quartering claim.
Supreme Court of the United States / U.S. Reports
Context: discusses the Third Amendment among privacy guarantees, rather than deciding a quartering claim.
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