# Has a 3rd Amendment case ever gone to the SCOTUS

**URL:** <https://boards.straightdope.com/t/has-a-3rd-amendment-case-ever-gone-to-the-scotus/573426>\
**Category:** Factual Questions\
**Created:** [March 4, 2011, 12:00am UTC](https://boards.straightdope.com/t/has-a-3rd-amendment-case-ever-gone-to-the-scotus/573426 "2011-03-04T00:00:10Z")\
**Posts on this page:** 10\
**Page:** 1

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**Author:** ![etv78](https://avatars.discourse-cdn.com/v4/letter/e/d78d45/32.png) [@etv78](https://boards.straightdope.com/u/etv78)\
**Post date:** [March 4, 2011, 12:00am UTC](https://boards.straightdope.com/t/has-a-3rd-amendment-case-ever-gone-to-the-scotus/573426/1 "2011-03-04T00:00:10Z")

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The 3rd Amendment dealt with troop quartering. AFAIK, the SCOTUS has never dealt with it. Is it because it’s clearly written, or just not controversial?

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**Author:** ![Drum\_God](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/drum_god/32/44_2.png) [@Drum\_God](https://boards.straightdope.com/u/Drum_God)\
**Post date:** [March 4, 2011, 12:04am UTC](https://boards.straightdope.com/t/has-a-3rd-amendment-case-ever-gone-to-the-scotus/573426/2 "2011-03-04T00:04:21Z")

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Well, a soldier has sought quartering in my house, but the government didn’t send him there. My daughter did. Ended up marrying the guy.

Probably not SCOTUS material.

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**Author:** ![RealityChuck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/realitychuck/32/195_2.png) [@RealityChuck](https://boards.straightdope.com/u/RealityChuck)\
**Post date:** [March 4, 2011, 12:06am UTC](https://boards.straightdope.com/t/has-a-3rd-amendment-case-ever-gone-to-the-scotus/573426/3 "2011-03-04T00:06:43Z")

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It’s primarily because there was never an attempt by the army to quarter troops in private homes.

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**Author:** ![Nancarrow](https://avatars.discourse-cdn.com/v4/letter/n/c37758/32.png) [@Nancarrow](https://boards.straightdope.com/u/Nancarrow)\
**Post date:** [March 4, 2011, 12:34am UTC](https://boards.straightdope.com/t/has-a-3rd-amendment-case-ever-gone-to-the-scotus/573426/4 "2011-03-04T00:34:32Z")

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> [@etv78](#):
>
> The 3rd Amendment dealt with troop quartering. AFAIK, the SCOTUS has never dealt with it. Is it because it’s clearly written, or just not controversial?

It’s because of the tireless efforts of [NAQA](http://www.theonion.com/articles/third-amendment-rights-group-celebrates-another-su,2296/), shirley?

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**Author:** ![Captain\_Amazing](https://avatars.discourse-cdn.com/v4/letter/c/6de8d8/32.png) [@Captain\_Amazing](https://boards.straightdope.com/u/Captain_Amazing)\
**Post date:** [March 4, 2011, 12:41am UTC](https://boards.straightdope.com/t/has-a-3rd-amendment-case-ever-gone-to-the-scotus/573426/5 "2011-03-04T00:41:46Z")

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As far as I know, a 3rd Amendment case has never gone as far as the Supreme Court. The closest it’s come was the 2nd Circuit in the 1982 Engblom v Carey. In that case, some New York State Correctional officers went on strike, so the governor mobilized the National Guard to work in the prisons during the strike. In one prison, the striking officers were evacuated from employee housing, where Guardsmen were then moved into.

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**Author:** ![WarmNPrickly](https://avatars.discourse-cdn.com/v4/letter/w/d78d45/32.png) [@WarmNPrickly](https://boards.straightdope.com/u/WarmNPrickly)\
**Post date:** [March 4, 2011, 1:05am UTC](https://boards.straightdope.com/t/has-a-3rd-amendment-case-ever-gone-to-the-scotus/573426/6 "2011-03-04T01:05:32Z")

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Didn’t Union solders sometimes occupy Confederate homes? Did the Bill of Rights apply to the Confederate states anyway?

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**Author:** ![Musicat](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/musicat/32/20189_2.png) [@Musicat](https://boards.straightdope.com/u/Musicat)\
**Post date:** [March 4, 2011, 1:06am UTC](https://boards.straightdope.com/t/has-a-3rd-amendment-case-ever-gone-to-the-scotus/573426/7 "2011-03-04T01:06:53Z")

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> [@Drum\_God](#):
>
> Well, a soldier has sought quartering in my house, but the government didn’t send him there. My daughter did. Ended up marrying the guy.

Was he drawn? Or just quartered?

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**Author:** ![etv78](https://avatars.discourse-cdn.com/v4/letter/e/d78d45/32.png) [@etv78](https://boards.straightdope.com/u/etv78)\
**Post date:** [March 4, 2011, 1:13am UTC](https://boards.straightdope.com/t/has-a-3rd-amendment-case-ever-gone-to-the-scotus/573426/8 "2011-03-04T01:13:10Z")

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> [@Captain\_Amazing](#):
>
> As far as I know, a 3rd Amendment case has never gone as far as the Supreme Court. The closest it’s come was the 2nd Circuit in the 1982 Engblom v Carey. In that case, some New York State Correctional officers went on strike, so the governor mobilized the National Guard to work in the prisons during the strike. In one prison, the striking officers were evacuated from employee housing, where Guardsmen were then moved into.

Nancarrow’s link ninja’ed you.

OM-FRAKING-GAWD! JUST noticed it’s an ONION article! SONAVABITCH!

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**Author:** ![Hirundo82](https://avatars.discourse-cdn.com/v4/letter/h/919ad9/32.png) [@Hirundo82](https://boards.straightdope.com/u/Hirundo82)\
**Post date:** [March 4, 2011, 1:22am UTC](https://boards.straightdope.com/t/has-a-3rd-amendment-case-ever-gone-to-the-scotus/573426/9 "2011-03-04T01:22:35Z")

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> [@WarmNPrickly](#):
>
> Didn’t Union solders sometimes occupy Confederate homes? Did the Bill of Rights apply to the Confederate states anyway?

As that was in time of war, it wouldn’t violate the 3rd so long as it was done “in a manner to be prescribed by law.”

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**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\
**Post date:** [March 4, 2011, 2:17am UTC](https://boards.straightdope.com/t/has-a-3rd-amendment-case-ever-gone-to-the-scotus/573426/10 "2011-03-04T02:17:24Z")

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> [@Captain\_Amazing](#):
>
> As far as I know, a 3rd Amendment case has never gone as far as the Supreme Court. The closest it’s come was the 2nd Circuit in the 1982 Engblom v Carey. In that case, some New York State Correctional officers went on strike, so the governor mobilized the National Guard to work in the prisons during the strike. In one prison, the striking officers were evacuated from employee housing, where Guardsmen were then moved into.

I wrote the original wikipedia [article](http://en.wikipedia.org/wiki/Engblom_v._Carey) on the subject back in 2004. It’s still substantially what I wrote (although somebody moved a section which gives the incorrect impression that a dissent was made at the apellate hearing.)
