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Added a paragraph about the only time the amendment has been litigated.
The amendment is a response to [[Quartering Acts]] passed by the British parliament during the American Revolutionary War, giving the British Army the right to lodge soldiers in private American residences. While it is irrelevant in the modern United States, it was an important amendment at ratification, since Great Britain forced American citizens to house soldiers.
The amendment is a response to [[Quartering Acts]] passed by the British parliament during the American Revolutionary War, giving the British Army the right to lodge soldiers in private American residences. While it is irrelevant in the modern United States, it was an important amendment at ratification, since Great Britain forced American citizens to house soldiers.
The Third Amendment has been litigated only once, in the 1982 case ''[[Engblom v. Carey]]''. Striking [[New York]] state correctional officers were replaced by [[National Guard]] troops and evicted from their on-site employee housing to make room for them. The officers sued in the [[United States District Courts|District Court]] for the Southern District of New York, alleging Third and Fourteenth Amendment violations. The District Court ruled summarily in favor of the defendants, whereupon the plaintiffs appealed to the [[Second Circuit]]. Judge [[Walter R. Mansfield]] affirmed the Fourteenth Amendment dismissal, but held that the Third Amendment claims had merit, establishing that National Guardsmen are "soldiers" within the meaning of the Amendment and "owner" includes tenants. The Court remanded the case back to District Court for a further decision on the merits. The District Court then dismissed the case entirely, holding that the plaintiffs were shielded by [[qualified immunity]] given the lack of previous Third Amendment jurisprudence.
{{US amendments}}
{{US amendments}}
[[Category:Bill of Rights]]
[[Category:Bill of Rights]]