The Third Amendment to the US Constitution

I know it's been a LONG time since I last posted and I apologize. But, I made a promise.

The Third Amendment to the Constitution of the United States is short but in my opinion is one of the more important amendments ratified with the Bill of Rights. Why you may ask?

“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 purpose of the amendment that comprised The Bill of Rights was to set the minds of suspicious colonists at ease. Prior to the Constitution being ratified it was demanded that a list of amendments be added that would ensure certain liberties. People of the day were (as we should be) suspicious of those wishing to seek power, having the abuses of the previous government fresh in their minds.

The purpose of the Third Amendment was initially just to state that the People would not have to put up with the government placing troops in their homes. Something that we may joke about now considering the lack of military action on US soil. But, back in the day it was a huge concern.

As subjects of the British Empire, the people of the day did not technically “own” their property. It was considered that since the ruling class had made it possible for the subject to obtain the property then by right the property belonged to them. A modern example on a smaller scale would be a researcher who works for a company signs a contract saying that whatever the researcher may discover or create while under the employ of the company is the sole property of the company. Even things he may do on his own time could be subjected to this contract it if the subject matter is relevant to the company. Well, imagine that everything you create, including your children, would be considered property of your employer. Imagine that your boss could come to your home and say, “We need your living room for more workspace”, and without your approval set up cubicles.

That's the kind of arrangement that existed. Representatives of the Crown could with little notice take possession of your property or portions of it including your home if it was deemed needed by the government. If there was a group of soldiers moving through the area they would simply choose homes to occupy without regard to the person residing there.

The Third Amendment was the Founding Fathers' way of saying, “We won't do that and nobody else will either”.

This doesn't mean that they CAN'T, it just means that they won't unless there are real circumstances warranting it and that it will be done according to a law passed to regulate such activity.

The Third Amendment has been cited in case law to show the intent of the Constitution was to among other things protect us from unwarranted intrusions. It was clear that the intent was to prevent agents of the government (Local, State and Federal) from entering your home. While it is recognized that there is already an Amendment that covers warrantless entries (The Fourth Amendment) it was important to specifically mention the quartering of troops because of the aforementioned abuses.

If I go into somebodies home as a police officer, I better be able to show cause that is reasonable and articulable. Exigent circumstances (emergency situations) or an active pursuit of a criminal actor better exist.

We get more into this with the next entry.