ABSTRACT

The Third Amendment to the US Constitution reads: "No soldier shall, in time of peace, be quartered in any house without the consent of owner, nor in time of war, but in a manner to be prescribed by law." The amendment reflects the concerns the framers of the Constitution had about past abuses committed by British soldiers, including the famous Boston Massacre. The Third Amendment traces its origins to early Anglo-Saxon law. Probably the most significant citation was in Griswold v. Connecticut, 381 U.S 479, in which the Court identified the Third Amendment as one of several amendments included in the Bill of Rights that together demonstrated the existence of a right of privacy in the Constitution. Some people may deem the Third Amendment obsolete, but it nevertheless stands as part of important and enduring principle of limited military power, particularly the foundational principle of ultimate civilian control over the military as found in the US democratic system of government.