Soldiers Sleeping In Your House: Your Rights Explained

In the United States, the Third Amendment to the United States Constitution places restrictions on the quartering of soldiers in private homes without the owner's consent, forbidding the practice in peacetime. This means that, in the US, you do not have to let soldiers sleep in your house. The Third Amendment was introduced in 1789 by James Madison as part of the United States Bill of Rights, in response to the Quartering Acts passed by the Parliament of Great Britain during the buildup to the American Revolutionary War. The Quartering Acts allowed the British Army to lodge soldiers in public buildings. The Third Amendment is rarely litigated and, to date, has never been the primary basis of a Supreme Court decision.

The Third Amendment to the US Constitution protects citizens from having to house soldiers

> "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."

This means that during peacetime, the government cannot force citizens to quarter soldiers in their homes without their consent. In times of war, Congress can pass laws regarding the quartering of soldiers in private residences, but these must be followed by the military.

The Third Amendment, described as "a preference for the Civilian over the Military," reinforces citizens' privacy rights within their homes. It also protects citizens from government intrusion, similar to the Fourth Amendment's protections against unreasonable searches and seizures.

The history of the Third Amendment dates back to the 17th and 18th centuries in England and America, when standing armies were an issue. The Stuart kings in England were known for fielding standing armies of paid soldiers, which were used to suppress dissidents and disarm citizens. These armies were often quartered in citizens' homes without consent, leading to resentment and ultimately, the Glorious Revolution, where King James II was overthrown.

In America, the issue of quartering soldiers came to a head with the Quartering Acts of 1765 and 1774, which required colonists to bear the costs of housing and feeding British soldiers in public spaces, such as alehouses and inns. The colonists' anger over these acts contributed to rising tensions and ultimately, the American Revolution. The Founding Fathers included the Third Amendment in the Bill of Rights to ensure that the national government could not quarter soldiers in private homes without consent.

While there have been few court cases involving the Third Amendment, it remains an important protection for citizens' privacy and a symbol of civilians' control over the armed forces.

The British Quartering Acts of 1765 and 1774 allowed troops to be housed in public buildings

The Quartering Acts of 1765 and 1774 were passed by the British Parliament to address the quartering of troops in the American colonies. The first Quartering Act, passed in 1765, was proposed in response to the French and Indian War, which had concluded two years prior. The war had left British troops stationed in the colonies, and the Quartering Act sought to address the issue of their housing. The Act required colonial authorities to arrange for British troops to be housed in local barracks and public houses, and if the soldiers outnumbered the housing available, they were to be quartered in "inns, livery stables, ale houses, victualling houses, and the houses of sellers of wine and houses of persons selling of rum, brandy, strong water, cider or metheglin". If there was still not enough room, they could be quartered in "uninhabited houses, outhouses, barns, or other buildings". Importantly, the Quartering Act of 1765 did not allow the British military to forcefully take over private homes in the colonies.

The Quartering Act of 1765 was not well-received by the colonists, who saw it as an attempt by the British Parliament to make them pay for a standing army they did not want. This Act also raised concerns about taxation without representation, especially in colonies like New York and Massachusetts. The tensions caused by the Act, along with other issues, eventually led to the Boston Massacre in 1770.

In 1774, the British Parliament passed a second Quartering Act, which was included in a set of acts known as the Coercive Acts in Great Britain and the Intolerable Acts in the colonies. This Act expanded on the previous Quartering Act by allowing royal governors to house soldiers in other buildings if suitable quarters were not provided. It is a common misconception that this Act permitted troops to be billeted in occupied private homes; however, it only allowed for them to be quartered in unoccupied buildings.

The Quartering Acts of 1765 and 1774, therefore, allowed troops to be housed in public buildings and, in some cases, unoccupied private buildings, but not in occupied private homes without the owner's consent.

The US Army does not force soldiers to sleep in barracks

In the United States, citizens do not have to let soldiers sleep in their houses. The Third Amendment of the US Constitution states that "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." This amendment was included in response to the British Quartering Act of 1765, which required the colonies to provide housing for British soldiers in public spaces such as inns and livery stables, and later uninhabited houses and outbuildings if there was insufficient space in the barracks.

In general, as long as soldiers are maintaining their barracks room, showing up to work on time, and behaving appropriately, commanders do not care where they sleep. However, soldiers of different genders are not allowed to share barracks, even if they are part of the same unit. This is to ensure privacy and respect for all soldiers, as well as to reduce the risk of harassment and assault.

Soldiers are not allowed to live wherever they want without repercussions

The Third Amendment places restrictions on the quartering of soldiers in private homes without the owner's consent, and only permits it in times of war and in a manner prescribed by law. This amendment was a response to the Quartering Acts passed by the Parliament of Great Britain during the build-up to the American Revolutionary War. These acts allowed the British Army to lodge soldiers in public buildings and uninhabited private homes, but not in occupied houses. The amendment also addressed the issue of requiring citizens to bear the costs of housing and feeding soldiers.

The inclusion of this amendment in the Bill of Rights reflects the Founding Fathers' respect for citizens' privacy and their desire to prevent an over-reaching government. It is worth noting that the amendment is rarely litigated and considered non-controversial, indicating that it is generally well-respected and understood.

In practice, soldiers may occupy abandoned or empty buildings or properties with the owner's permission, but they cannot forcibly occupy inhabited homes without repercussions. This right to refuse housing to soldiers is taken seriously, as evidenced by personal accounts and legal cases involving soldiers and citizens.

The Third Amendment is rarely litigated and has never been the primary basis of a Supreme Court decision

The Third Amendment to the United States 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.

The Third Amendment was designed to protect the colonialists from being forced to house British soldiers in the decades leading up to the Revolutionary War. The British military rarely took over private homes when it sought shelter during its occupation of the Americas, but the Quartering Acts passed by the British Parliament in 1765 and 1774 allowed the military to take over practically everything else. The Colonies were required to build barracks for soldiers, and if there wasn't enough room, the housing was extended to inns, livery stables, ale houses, victualling houses, and the houses of sellers of wine. If there still wasn't enough room, the Colonies were forced to provide lodging in "uninhabited houses, out-houses, barns, or other buildings".

The Third Amendment has been interpreted by the United States Court of Appeals for the Second Circuit for the first time in Engblom v. Carey (1982). This case established three important holdings: (1) that the National Guardsmen qualify as soldiers under the Third Amendment; (2) that the Third Amendment applies to state as well as federal authorities; and (3) that the protection of the Third Amendment extends beyond homeowners to anyone who has a legal expectation of privacy and a legal right to exclude others from entering into the premises.

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