Everything Everywhere Daily: Episode Summary – "The Third Amendment"

Host: Gary Arndt | Glassbox Media
Release Date: May 9, 2025

Introduction

In this enlightening episode of Everything Everywhere Daily, host Gary Arndt delves into one of the less-discussed yet significant components of the United States Constitution—the Third Amendment. While often overshadowed by other amendments in the Bill of Rights, the Third Amendment holds historical importance and offers insights into the framers' intentions post-American Revolution.

Understanding the Third Amendment

Gary begins by highlighting the prominence of the Bill of Rights, emphasizing commonly known protections such as free speech and religion. However, he shifts focus to the Third Amendment, which 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."
[00:38]

He acknowledges that, in the modern era, the amendment might seem archaic, with few citizens contemplating the possibility of soldiers quartering in their homes. Nonetheless, Gary underscores its foundational role in safeguarding personal privacy and property rights.

Historical Context: The Road to Inclusion

To comprehend the necessity of the Third Amendment, Gary transports listeners back to the French and Indian War (1754-1763), a critical precursor to the American Revolution. He outlines the Territorial Disputes between Britain and France over regions like the Ohio River Valley, which necessitated a substantial British military presence in North America post-war.

Key points include:

• British Victory and Financial Strain: The Treaty of Paris (1763) granted Britain extensive territories but left it burdened with massive debt, compelling the British government to maintain a permanent military presence in the colonies.

• Quartering Acts: To support the standing army, Britain enacted the Quartering Act of 1765, requiring colonies to provide accommodations for British soldiers. While initially limited to public buildings, resistance from colonists led to suspensions and partial compliance.

• Revised Quartering Act of 1774: Amid escalating tensions, particularly after the Boston Tea Party, Britain passed a stricter version as part of the Coercive Acts, offering governors more authority and implicitly allowing quartering in private homes. This move intensified colonial resentment and fueled the push towards independence.

Notable Quote:

"The Third Amendment is often called the Forgotten Amendment because it has generated remarkably little jurisprudence."
[15:08]

Incorporation into the Bill of Rights

With the creation of the U.S. Constitution, James Madison and other framers aimed to prevent the recurrence of British tyranny. The Third Amendment was crafted as a direct response to the abuses experienced under British rule, ensuring that the new federal government could not impose similar oppressions.

Gary reflects on the amendment's timeless yet context-specific nature:

"It's better to have an amendment you don't need than needing an amendment that you don't have."
[15:11]

Modern Relevance and Judicial Interpretation

Despite its limited direct application in contemporary times, the Third Amendment remains a critical safeguard. Gary explains that changes in military logistics, such as the establishment of dedicated bases and professionalized armed forces, have rendered the amendment less frequently invoked. However, its presence in the Constitution serves as a powerful statement against governmental overreach.

Notable Cases Referencing the Third Amendment:

1. Engblom v. Carey (1982):

   • Context: During a prison guard strike in New York, National Guard troops were billeted in staff housing.
   • Ruling: The court recognized that the Third Amendment protects against state troops being quartered in private residences.
   • Impact: Established that the amendment applies to state governments through the 14th Amendment's incorporation doctrine.

2. Griswold v. Connecticut (1965):

   • Context: While primarily a landmark case on privacy and contraception, the Supreme Court referenced the Third Amendment.
   • Significance: Justice Douglas used the Third Amendment to illustrate a broader constitutional "penumbra" that protects individual privacy.

3. Mitchell v. City of Henderson (2015):

   • Context: A family claimed Third Amendment violations when police occupied their home during an investigation.
   • Ruling: The court determined that police officers do not qualify as "soldiers" under the Third Amendment, limiting the amendment's applicability.

Gary notes the rarity of Third Amendment cases reaching the Supreme Court, attributing it to the amendment's specific focus and the evolution of military practices:

"Despite its limited direct application, there have been a few notable cases in history that involved or at least referenced the Third Amendment."
[15:08]

Concluding Insights

Gary concludes by emphasizing the historical significance of the Third Amendment as a protective measure against the potential tyranny of an overbearing government. While modern circumstances have diminished the amendment's day-to-day relevance, its existence reinforces the foundational principles of personal liberty and property rights.

He reflects on the framers' foresight, appreciating the amendment as a precautionary measure that, although rarely invoked, embodies the enduring commitment to individual freedoms:

"If we could go back in time and tell James Madison that the Third Amendment wasn't really necessary, he'd still probably want to put it in."
[15:11]

Production Credits

• Executive Producer: Charles Daniel
• Associate Producers: Austin Oakton and Cameron Kiefer
• Supporters: Patreon members and the Everything Everywhere community on Facebook and Discord.

Conclusion

This episode of Everything Everywhere Daily provides a comprehensive exploration of the Third Amendment, blending historical analysis with contemporary relevance. For listeners seeking a deeper understanding of constitutional protections and their origins, Gary Arndt's detailed narrative offers valuable insights into an often-overlooked aspect of American jurisprudence.