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Quartering Soldiers

Legal Research Home > United States Constitution > Quartering Soldiers

QUARTERING SOLDIERS

THIRD AMENDMENT

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.

IN GENERAL

There has been no Supreme Court explication of this Amendment, which was obviously one guarantee of the preference for the civilian over the military.¹

¹ In fact, save for the curious case of Engblom v. Carey, 677 F. 2d 957 (2d Cir. 1982), on remand, 572 F. Supp. 44 (S.D.N.Y.), aff'd. per curiam, 724 F.2d 28 (2d Cir. 1983), there has been no judicial explication at all.

Last modified: December 7, 2005