Judicial interpretation Third Amendment to the United States Constitution

justice william o. douglas

the third amendment among least cited sections of u.s. constitution. in words of encyclopædia britannica, history of country progressed little conflict on american soil, amendment has had little occasion invoked. date, no major supreme court decision has used amendment primary basis.

the third amendment has been invoked in few instances helping establish implicit right privacy in constitution. justice william o. douglas used amendment along others in bill of rights partial basis majority decision in griswold v. connecticut (1965), cited third amendment implying belief individual s home should free agents of state.

in 1 of 7 opinions in youngstown sheet & tube co. v. sawyer (1952), justice robert h. jackson cited third amendment providing evidence of framers intent constrain executive power during wartime:

[t]hat military powers of commander in chief not supersede representative government of internal affairs seems obvious constitution , elementary american history. time out of mind, , in many parts of world, military commander can seize private housing shelter troops. not so, however, in united states, third amendment says...[e]ven in war time, seizure of needed military housing must authorized congress.

one of few times federal court asked invalidate law or action on third amendment grounds in engblom v. carey (1982). in 1979, prison officials in new york organized strike; evicted prison facility residences, reassigned members of national guard had temporarily taken place prison guards. united states court of appeals second circuit ruled: (1) term owner in third amendment includes tenants (paralleling similar cases regarding fourth amendment, governing search , seizure), (2) national guard troops count soldiers purposes of third amendment, , (3) third amendment incorporated (that is, applies states) virtue of fourteenth amendment. case remanded district court, dismissed case on grounds state officials not have been aware of interpretation.

in recent third amendment decision handed down federal court, on february 2, 2015, united states district court district of nevada held in mitchell v. city of henderson third amendment not apply intrusions municipal police officers since not soldiers.

in earlier case, united states v. valenzuela (1951), defendant asked federal rent-control law struck down because incubator , hatchery of swarms of bureaucrats quartered storm troopers upon people in violation of amendment iii of united states constitution. court declined request. later, in jones v. united states secretary of defense (1972), army reservists unsuccessfully cited third amendment justification refusing march in parade. similar arguments in variety of contexts have been denied in other cases.