No quartering of soldiers without consent

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 Third Amendment limits the federal government’s ability to use private homes as lodging for soldiers. The Supreme Court has never decided a case directly implicating the Third Amendment and has cited it only in a handful of opinions.1 Footnote
See infra Amdt3.3 Government Intrusion and the Third Amendment. As a result, some legal scholars consider the Amendment to be “an interesting study in constitutional obsolescence.” 2 Footnote
Morton J. Horwitz , Is the Third Amendment Obsolete? , 26 Val. Univ. L. Rev. 209 , 212 (1991) ; accord William S. Fields & David T. Hardy , The Third Amendment and the Issue of the Maintenance of Standing Armies: A Legal History , 35 Am. J. Legal Hist. 393 , 393 (1991) . When ratified, however, the Third Amendment enshrined “protections of great importance,” 3 Footnote
Fields & Hardy , supra note 2, at 394 . reflecting the Founders’ pre-Revolutionary experiences with British soldiers and centuries of English history.4 Footnote
See infra Amdt3.2 Historical Background of the Third Amendment.

Despite the Amendment’s near-disuse as to its original protections,5 Footnote
Contra Engblom v. Carey, 677 F.2d 957 (2d Cir. 1982) . it took on a new dimension in the second half of the twentieth century, with courts and scholars citing it as one of the constitutional “guarantees creat[ing] zones of privacy” 6 Footnote
Griswold v. Connecticut, 381 U.S. 479, 484 (1965) ; see also Katz v. United States, 389 U.S. 347, 350 n.5 (1967) . and for a “traditional and strong resistance of Americans to any military intrusion into civilian affairs.” 7 Footnote
Laird v. Tatum, 408 U.S. 1, 15 (1972) ; see infra Amdt3.3 Government Intrusion and the Third Amendment.

Footnotes 1 See infra Amdt3.3 Government Intrusion and the Third Amendment. 2 Morton J. Horwitz , Is the Third Amendment Obsolete? , 26 Val. Univ. L. Rev. 209 , 212 (1991) ; accord William S. Fields & David T. Hardy , The Third Amendment and the Issue of the Maintenance of Standing Armies: A Legal History , 35 Am. J. Legal Hist. 393 , 393 (1991) . 3 Fields & Hardy , supra note 2, at 394 . 4 See infra Amdt3.2 Historical Background of the Third Amendment. 5 Contra Engblom v. Carey, 677 F.2d 957 (2d Cir. 1982) . 6 Griswold v. Connecticut, 381 U.S. 479, 484 (1965) ; see also Katz v. United States, 389 U.S. 347, 350 n.5 (1967) . 7 Laird v. Tatum, 408 U.S. 1, 15 (1972) ; see infra Amdt3.3 Government Intrusion and the Third Amendment.