Third Amendment Paper and Case Essay
Third Amendment Paper and Case
The third amendment states that 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. This means that no one should be evicted because some soldiers want to stay somewhere. The soldiers are only allowed to stay in a person’s residence if the owners consent to it.
By putting this amendment in The Bill of Rights it limited the power the armed forces could have. The historical precedents that existed before this amendment was created were that British soldiers were entering people’s residences and began to live there. This not only invaded the people inhabiting the homes privacy but it created tension and a way for the soldiers to spy on the enemy.
Engblom v. Carey is the only known and documented case that violates the third amendment right. Engblom v. Carey was a U.S. court case decided by the Second Circuit Court of Appeals. Hugh L. Carey was being sued because he evicted state penitentiary officials so he could house the National Guard. This was because the officials were on strike and the National Guard were serving as temporary guards. Though this case was clearly against Carey he came out on top. I believe that Carey should have lost the case because it clearly states in the third amendment that soldiers shall not be quartered in ones house without the owners consent.
The case is the same case as the case discussed in position paper one. The reason for that is that there is only one known case relating to the third amendment.
This amendment does not have any benefits nor does it have any drawbacks on today’s society. There are no wars or battles being fought today in the U.S. and that gives us no need to quarter soldiers in ones residence. Since there is no necessity to house soldiers in the U.S. in ones residence it does not affect me in any way nor has it affected many others.