Throughline Podcast Episode Summary Episode Title: We The People: Canary in the Coal Mine
Release Date: July 24, 2025
Host: Rund Abdelfattah and Ramtin Arablouei, NPR

Introduction to the Third Amendment

Ramtin Arablouei opens the episode by highlighting the obscurity of the Third Amendment, often relegated to punchlines and rarely discussed alongside other constitutional rights.

Ramtin Arablouei [00:18]: "If you've heard of the Third Amendment, it might have been as part of a punchline."

Professor Tom W. Bell, a scholar from Chapman University, humorously explains the rarity of invoking the Third Amendment in everyday life.

Professor Tom W. Bell [00:22]: "I take the third all the time, every day. And then if somebody tries to call me on it, they go, well, what is the third? That's when I take the fifth."

Understanding the Third Amendment

Rund Abdelfattah and Professor Bell delve into the text of the Third Amendment, clarifying its original intent and modern interpretation.

Professor Tom W. Bell [00:41]: "Amendment number three. No soldier shall in time of peace..."

Rund Abdelfattah [00:55]: "So in more modern terms, the army can't live in your house."

Michael Smith, an assistant professor of Law, adds a contemporary anecdote about using the Third Amendment as a humorous reference in personal situations.

Michael Smith [01:10]: "If you're dating someone and they're in the military, like it's an excuse to like force them to go home or something like that."

Historical Context and Violations

The hosts and Professor Bell explore historical instances where the Third Amendment was violated, despite its limited litigation.

War of 1812:

• Professor Bell [17:24]: Discusses the quartering of American troops in civilian homes and the subsequent lack of legal recourse for homeowners like John Anderson.

Civil War:

• Rund Abdelfattah [19:22]: Highlights Sherman's March to the Sea as a notorious example of widespread quartering and property destruction.

World War II (Aleutian Islands Campaign):

• Professor Bell [23:06]: Describes the forced evacuation of the Unanga people and the subsequent quartering of National Guard troops in their homes, leading to property destruction and loss of life.

Professor Tom W. Bell [27:18]: "Violated Third Amendment. It's a time of war. Congress has not passed a law. That's right in the Third Amendment."

Legal Interpretations and Court Cases

Engblom vs. Kerry (1979):

• The only significant court case interpreting the Third Amendment.
• Professor Bell [30:45]: Explains that while the case recognized quartering by the National Guard, it ultimately resulted in minimal consequences for violators.

Professor Tom W. Bell [31:37]: "The court said, oh, this third Amendment's so obscure anyhow, we're not going to hold you to it."

Modern Implications and Recent Events

The episode transitions to contemporary issues where the Third Amendment surfaces, particularly during crises like natural disasters and civil unrest.

Hurricane Katrina Response:

• Professor Bell [36:07]: Details how National Guard troops were housed in various civilian structures, leading to potential Third Amendment violations.

2020 Black Lives Matter Protests:

• Michael Smith [39:34]: Observes the invocation of the Third Amendment in response to the deployment of National Guard troops in Washington, D.C.

Michael Smith [44:50]: "If we see that escalating to the point where the Third Amendment is now being invoked in conversation and criticism, that may be a sign of passing a certain point becoming particularly severe."

Implications for Everyday Citizens:

• Michael Smith [46:31]: Emphasizes the importance of the Third Amendment as a safeguard against government overreach, even if it's rarely litigated.

Michael Smith [47:51]: "It informs our other readings and interpretations of the Constitution and... provides this sort of legal ammunition against that sort of government overreach."

Conclusion: The Third Amendment as a Constitutional Backstop

The hosts reflect on the significance of the Third Amendment, portraying it as a "canary in the coal mine" — a crucial yet often overlooked protection that signals deeper issues when threatened.

Runt Abdelfattah [39:23]: "These tendencies to escalate things, to see protest, to see chaos and to urge an aggressive, militarized government response to I think that's the wrong way forward."

Michael Smith [48:35]: Stresses the importance of upholding constitutional values to prevent authoritarianism.

Michael Smith [48:35]: "I think our Constitution contains plenty of evidence and fairly explicit evidence in the form of the Third Amendment that this is not a road we should go down."

Key Takeaways

1. Historical Significance: The Third Amendment was a direct response to British practices and has roots stretching back to medieval protections against arbitrary quartering.
2. Rare Litigation: Despite multiple historical violations, the Third Amendment has seen minimal legal challenges and remains largely unenforced.
3. Modern Relevance: Recent events, such as natural disasters and civil unrest, bring the Third Amendment into contemporary discussions, highlighting its potential role in preventing governmental overreach.
4. Constitutional Safeguard: The amendment serves as a fundamental protection of private property and personal freedom, acting as a warning mechanism against authoritarian practices.

Notable Quotes with Timestamps

• Professor Tom W. Bell [00:22]: "I take the third all the time, every day. And then if somebody tries to call me on it, they go, well, what is the third? That's when I take the fifth."

• Rund Abdelfattah [03:16]: "The third is like the brown M&Ms. Backstage at a Van Halen concert. If it's going wrong, if it goes belly up, the Third, we got bigger problems."

• Eva Cherepanov [25:05]: "They wake us up and they put us on the dock in the arm is there on the line. They're watching us. Me, I'm just crying. I want my daddy."

• Professor Tom W. Bell [27:18]: "Violated Third Amendment. It's a time of war. Congress has not passed a law."

• Michael Smith [47:51]: "Even when it's written down, even when it's only three from the top, government officials can't be counted on to take it seriously."

Final Thoughts

Throughline's episode "We The People: Canary in the Coal Mine" provides an in-depth exploration of the Third Amendment, its historical context, instances of violation, and its enduring relevance in safeguarding American freedoms. By shedding light on this often-overlooked amendment, the hosts underscore the importance of constitutional vigilance in preventing governmental overreach and preserving individual liberties.