Has any court EVER produced a meaningful ruling based on this amendment?
I would think that you can apply it to privacy cases, but I don't think its ever actually been cited.
Posted: 1/24/2013 10:53:22 AM EDT
[#1]
Actually I think it was cited in the Roe v. Wade ruling, believe it or not.
Posted: 1/24/2013 10:54:04 AM EDT
[#2]
Quoted:
Has any court EVER produced a meaningful ruling based on this amendment?
I would think that you can apply it to privacy cases, but I don't think its ever actually been cited.
IIRC from law school, no cases directly on the 3rd.
Mike
Posted: 1/24/2013 11:00:20 AM EDT
[#3]
I am glad the OP brought this up. I find the 3rd Amendment fascinating, and wonder why there is so little scholarship on it. It would seem to me that it directly relates to privacy.
Posted: 1/24/2013 11:01:05 AM EDT
[#4]
Engblom v. Carey is the only real federal case to deal with the 3rd amendment. It did find that the 3rd was incorporated by the 14th.
Some have argued that the 3rd should apply in wiretapping cases, but there really isn't any precedent to support that.
Posted: 1/24/2013 12:06:59 PM EDT
[#5]
i've long said that the 3rd IS the right to privacy.
in those days, the only way you could spy on someone was to put an officer or agent right in their home.
