Arguing that the Third Amendment has a meaning beyond merely safeguarding against soldiers seizing a person’s home and intruding upon his property.
Contending that the Third Amendment was drafted in response to the pervasive presence of British soldiers in the colonies and that the meaning of “soldier” is very limited in scope.
Arguing that “any house” in the Third Amendment extends beyond family residences and should be understood to encompass houses of worship.
Michael A. Cottone, The Textualist Third Amendment, 82 Tenn. L. Rev. 537, 544 (2015).
Discussing how judges and other decision-makers may be expected to interact with the language of the Third Amendment.
Josh Dugan, When Is a Search Not a Search? When It’s a Quarter: The Third Amendment, Originalism, and NSA Wiretapping, 97 Geo. L.J. 555 (2009).
Arguing that “any house” read in conjunction with “Owner” in the Third Amendment protects all private areas for which an owner has the right to exclude, creating a broader private sphere than the Fourth Amendment.
Arguing that the Third Amendment is an expression of the principle that Americans cannot be compelled by the federal government to share the occupancy of their property with others.
Documenting the ubiquitous anti-quartering sentiment among colonists prior to the Revolution and the various statutes, declaration, resolves, and other statutory measures enacted in response to this sentiment.
Noting that nowadays the Third Amendment is generally connected with the Fourth and Ninth Amendments, and viewed as a protection of privacy. However, it was originally linked with the Second Amendment, representing a check to military overreach.
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