The Third Amendment of the U.S. Constitution places restrictions on the quartering of soldiers in private homes without the owner’s consent, forbidding the practice in peacetime. The amendment is among the least cited sections of the U.S. Constitution, and as of the present time, no major Supreme Court decision has used the amendment as its primary basis. It is one of the least controversial and least cited of the Bill of Rights and it has been described by the American Bar Association as the “runt piglet” of the Constitution. That may change, however, as some scholars have considered utilizing the Third Amendment in their argument against the American surveillance state and whether it could be applied against the National Security Agency’s continual attempt to gather private information for government purposes.
It is clear that the Founding Fathers did not believe it was appropriate for the military to place actual soldiers in someone’s home without their consent during peacetime. What about the placement of virtual soldiers (who are gathering private data) in someone’s home or on their phones without their consent during peacetime?
There is no clear answer and no pending argument with this basis, but in this age where privacy concerns continue to grow every day, it will be interesting to see if any group or organization takes up this fight under the auspices of the Third Amendment.
Does Big Brother want to take up residence with you tonight?
