- The huge presence of the
National Guard in Washington, DC, amid protests over police brutality has sparked discussions of theThird Amendment to the USConstitution . - The Third Amendment essentially prohibits the government from forcing civilians to house troops without their permission. It's related to the experiences of colonists leading up to the Revolutionary War.
- Though there are widespread concerns about the military presence in DC and elsewhere, legal experts are skeptical the Third Amendment will actually become an issue in the days ahead.
The Third Amendment is probably among the least discussed amendments to the US Constitution. But with the heavy presence of the National Guard in states across the country, as well as the nation's capital, it's become newly relevant in recent days.
Nationwide protests sparked by the brutal death of
Across the country, roughly 75,000 National Guard troops have been activated, including 32,400 "assisting law enforcement authorities to protect life, and to preserve property, peace, and public safety."
No active-duty troops have been called into DC to respond to the protests, but recent threats and rhetoric from President
"We are concerned about the increased militarization and lack of clarity that may increase chaos ... Congress and the American people need to know who is in charge, what is the chain of command, what is the mission, and by what authority is the National Guard from other states operating in the capital," Pelosi said in a letter to Trump on Thursday.
In this context, some journalists and others on social media have begun discussing the Third Amendment. Some of this appears to be tongue-in-cheek, but others have raised the possibility that constitutional issues could arise as a result of the military presence in DC.
—Derek Willis (@derekwillis) June 1, 2020
—Hayes Brown (@HayesBrown) June 2, 2020
—Emily Read A Book M. Farris (@emayfarris) June 4, 2020
—Alex Byers (@byersalex) June 3, 2020
—Joseph Robertson (@poet_economist) May 30, 2020
The Third Amendment, explained
The Third Amendment to the US Constitution states: "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."
Long story short, the government can't force civilians to house troops without their permission.
The amendment was largely inspired by the experiences of colonists leading up to the Revolutionary War. In 1765, the British parliament passed the Quartering Act, which required the colonies to provide British soldiers with housing, food, drink, and even transportation. The law, which made localities accommodate British troops "in local inns, livery stables, ale houses, victualing houses and the houses of sellers of wine," created a lot of tension between the soldiers and colonists. The Third Amendment was intended to prevent this from occurring in the newly established US.
Though serious concerns have been raised about Trump's handling of the George Floyd protests and the use of the military to squash domestic unrest, including consternation over methods of surveillance and other matters, legal experts are skeptical that the Third Amendment will become an issue in terms of the large National Guard presence.
"The Third Amendment remains an archaic and largely obsolete remnant of another era, and is unlikely to be an issue even with the thousands of guardsmen currently present in the DC area," Bradley Moss, a DC-based national security lawyer, told Insider.
"Unless the local military facilities in the DC area, to say nothing of hotels desperate for cash, run out of available space, there should be no need to force DC residents to house any of these military personnel," Moss added.
To this day, the Supreme Court has never cited the Third Amendment as the basis for a decision.