Preserving The Third Amendment

Thanks to sharp reporting by Jacob Gershman we know that there are on going efforts to breath life into Third Amendment jurisprudence:

‘Forgotten’ Third Amendment Surfaces in Nevada Case

By Jacob Gershman

It’s been called the “forgotten amendment,” “an insignificant legal fossil,” and an “oft-forgotten relic” of the American Revolution.

But the Third Amendment made a rare appearance in federal court, figuring in a lawsuit filed this month by a Nevada man against the city of Henderson and its police chief.

The Third Amendment reads, in full:

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

How rare are Third Amendment cases? It’s been 30 years since a federal court handed down a significant Third Amendment decision.

Henderson resident Anthony Mitchell claims that Henderson police officers violated his Third Amendment rights when they “conspired among themselves to force . . . .”

Mr Gershman reports for the law Blog published by the Wall Street Journal. It can be found at:

http://blogs.wsj.com/law/

 

Leave a comment