Third Amendment to the United States Constitution

The 3rd Amendment to the Constitution of the United States is part of the Bill of Rights.

Wording

English:

German:

History

The original text of the U.S. Constitution provoked some resistance, because civil rights are not adequately guaranteed. In response, in 1789 the third Amendment to the Constitution, along with the rest of the Bill of Rights, proposed by the U.S. Congress. On December 15, 1791, the necessary Bill of Rights on the number of states had ratified and adopted it.

It was the intention of the founding fathers of the USA, who wrote this Amendment, to prevent soldiers can once again occupy the homes of citizens with fog as the British soldiers under the protection of the Quartering Act ( German: "Act for quartering " ) had done before the American Revolution.

Billeting

The third Amendment to the Constitution is one of the least cited ( and some would say the most outdated ) sections of the U.S. Constitution. Its importance has declined significantly since the American Revolution.

The only process in which a federal court has been asked to explain a law or an act based on the third constitutional amendment invalid, Engblom v. Carey, was in the United States Court of Appeals for the Second Circuit (U.S. District Court for the right to make complaints the second district; responsible for the states of Connecticut, Vermont and New York) in 1982 gave the ruling. 1979 strike, prison officials in New York State; they were then discounted from their homes to which they were used as a prison officer, thrown out and their homes have been assigned to the National Guard, who had temporarily taken over their work. The action of prison officials on the basis of the third constitutional amendment was on the grounds that they were not the owners of these apartments, dismissed. In the process of revising the term " owner " was, however, interpreted generously. Since there had been no precedents for the third Amendment to the Constitution before the Supreme Court, the Court of Appeals relied on judgments for the fourth Amendment, since both constitutional amendments on private rights relate (the former to the billeting, the latter to the seizure ). It was noted that the Supreme Court took the view that the security provided by the fourth Amendment rights would apply only to owner of property rejected, by stating:

Similarly, the Court of Appeals said the rights granted by the third Amendment to the tenants also.

Swell

• Kilman, Johnny and George Costello ( Eds ). (2000). The Constitution of the United States of America: Analysis and Interpretation.

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• Amendment to the Constitution of the United States