Is the Third Amendment still enforced?

Yes, though it is rarely the basis of a lawsuit. It limits military quartering in private homes, and lower courts have applied it to the states. There has never been a Supreme Court decision squarely resting on it.

Has the Supreme Court ever ruled on the Third Amendment?

The Supreme Court has never decided a case in which the Third Amendment was the central issue. It has mentioned the amendment in privacy cases such as Griswold v. Connecticut, and lower courts have applied it in cases like Engblom v. Carey.

Does the Third Amendment apply to the states?

The Second Circuit held in Engblom v. Carey that it does, through the Fourteenth Amendment. Because that ruling binds only courts in the Second Circuit, other jurisdictions have not settled the question as firmly.

Can the police be sued under the Third Amendment for entering my home?

Generally no, because the amendment addresses soldiers, not police officers. Police entry is governed by the Fourth Amendment and its rules on searches, seizures, and warrants.

What Is the Third Amendment? | 2026

The Third Amendment limits the quartering of soldiers in private homes, a protection rooted in colonial grievances and rarely litigated today.

The Third Amendment is the shortest and least litigated part of the Bill of Rights. Ratified on December 15, 1791, it responds to a specific grievance from the colonial era: the forced housing of British soldiers in private homes. The amendment is brief, but its history and its small body of case law say a great deal about how the Constitution protects the home.

The Text of the Third Amendment

The amendment reads: "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."

Two rules sit in that sentence. In peacetime, soldiers may not be quartered in a private house without the owner's consent. In wartime, quartering is permitted only if it follows a procedure established by law. The amendment does not ban quartering outright. It requires consent in peace and legal authorization in war.

Historical Background

Parliament passed Quartering Acts in 1765 and 1774 that required the American colonies to provide quarters and supplies for British troops. The 1774 act allowed officers to be housed in occupied buildings and, under some conditions, in inns and other establishments. Colonists resented being forced to shelter and feed an army they did not control.

The grievance was serious enough to appear in the Declaration of Independence, which accused the King of "quartering large bodies of armed troops among us." When the Bill of Rights was drafted, the framers added a direct limit on military intrusion into private homes. The Third Amendment is the result.

What the Amendment Requires

The word "house" has been read to cover private residences, and "Owner" includes lawful occupants, not only title holders. The amendment speaks to "Soldiers," which ties it to military personnel rather than to civilian officials. In peacetime, the owner's consent is the key requirement. In wartime, the focus shifts to whether a valid law authorizes the quartering and whether the military followed it.

Because the text distinguishes peace from war, the amendment leaves room for emergency measures. It does not prohibit all military use of private property. It requires a legal basis and, in peacetime, the owner's agreement.

Why It Is Rarely Litigated

The United States has not fought a major war on its own soil since the nineteenth century, and the modern military maintains its own housing and facilities. As a result, the Supreme Court has never decided a case squarely resting on the Third Amendment. Most discussion of the amendment appears in lower court opinions, legal scholarship, and constitutional theory rather than in binding precedent.

That does not make the amendment irrelevant. It still limits what the military may do, and it remains part of the constitutional background against which courts read other protections, especially those involving the home.

Engblom v. Carey

The leading modern case is Engblom v. Carey, 677 F.2d 957 (2d Cir. 1982). During a 1979 strike by correctional officers in New York, the state housed National Guard troops in employee residences at a prison. Two officers sued, arguing that the quartering violated their rights.

The Second Circuit held that the Third Amendment applies to the states through the Fourteenth Amendment and that the officers had a protected interest in the residences they occupied. The court also held that National Guard members called to state duty could count as "soldiers" for purposes of the amendment. The decision remains the most cited federal appellate ruling on the Third Amendment, even though it binds only courts within the Second Circuit.

Police and the Third Amendment

Some litigants have argued that police occupation of a home violates the Third Amendment. Courts have generally rejected those claims because police officers are not soldiers. The amendment targets military quartering. Law enforcement entry into a home is governed instead by the Fourth Amendment, which protects against unreasonable searches and seizures and generally requires a warrant absent an exception.

The Third Amendment and Privacy

In Griswold v. Connecticut, 381 U.S. 479 (1965), the Supreme Court cited the Third Amendment as one of several provisions that create zones of privacy in the home. The amendment is often discussed alongside the First, Fourth, and Fifth Amendments as part of a broader constitutional protection of private life. Its independent force is limited, but its role in the privacy line of cases gives it more weight than its short text might suggest.

Modern Relevance

Even without frequent litigation, the Third Amendment still matters. It is a structural check on military power, a reminder that the home receives special protection, and a historical anchor for the idea that citizens cannot be forced to shelter the state's armed forces. During emergencies such as natural disasters or civil unrest, questions about when military personnel may be housed in private or public facilities can raise Third Amendment concerns, even when a court resolves the case on other grounds.

Key Points to Remember

The Third Amendment was ratified on December 15, 1791, as part of the Bill of Rights.
It limits the quartering of soldiers in private homes.
Peacetime quartering requires the owner's consent; wartime quartering must follow a law.
The Supreme Court has never decided a case squarely applying the amendment.
Engblom v. Carey applied it to the states and treated National Guard members as soldiers.
Claims that police occupation violates the amendment usually fail because officers are not soldiers.

This guide is general information about the law and is not legal advice. Constitutional questions depend on specific facts and current precedent, and readers with a real dispute should consult a licensed attorney.

What Is the Third Amendment?