Poor third amendment
August 18, 2014 1:36 PM   Subscribe

Has there ever been an American case in which a claim of proscribed use of the military (third amendment, posse comitatus, etc) was pressed in response to an action not carried out by one of the branches answerable to DoD/the National Guard? If so, was the military status of the alleged bad actor treated as a question of law or a question of fact?
posted by PMdixon to Law & Government (4 answers total) 1 user marked this as a favorite
well there was that prison guard strike and the national guard case in New York from 30-40 years ago.. But otherwise, from that link, "It is the only significant court decision based on a direct challenge under the Third Amendment to the United States Constitution.[citation needed]"
posted by k5.user at 1:45 PM on August 18, 2014 [1 favorite]

The only supreme court case I can find that mentions the third amendment is Connecticut Vs Griswold, which is actually a case about contraceptives.

They cite it as part of the right to privacy. I personally think this is much more at the heart of what the third amendment is about and probably the most relevant for the current NSA spying mess.
posted by bartonlong at 2:05 PM on August 18, 2014

Check on what's happening with this lawsuit, which arises out of a situation in which the Henderson, NV, Police Department entered and set up a police command post in a family's private home without permission in order to conduct surveillance against the family's neighbors. Here's the complaint.

According to law professor Ilya Somin, it seems that the question of whether local and state police could be covered by the Third Amendment would be a question of law, at least in this case. There's also a question of law as to whether the Third Amendment is incorporated against the states at all.

You can find all of the filings for the case on PACER (Case Number 2:2013cv01154), and it appears that the litigation is still ongoing, though I didn't look at the full filings, so I don't know whether the Third Amendment claim is still active.

Also, here's a general article on the history of the Third Amendment from law professor Tom Bell.
posted by decathecting at 4:20 PM on August 18, 2014

Another article discussing some of the legal issues a person would face in trying to mount a Third Amendment claim in the case I discussed above.

A bunch of lawyers weigh in on the legal questions.
posted by decathecting at 4:27 PM on August 18, 2014

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