The Third Amendment in the Twenty-First Century: Military Recruiting on Private Campuses

Geoffrey M. Wyatt

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I begin by establishing that the Third Amendment secures what is fundamentally a property right; in doing so I reject a thoroughly twentieth century tendency to think of the amendment in terms of an individual right of privacy. I proceed by applying that right to the context presented by the Solomon Amendment, asking along the way whether the amendment covers recruiting activities, whether it covers anything but private houses, and what exactly constitutes “quartering.” I conclude by addressing what I view to be the two most difficult obstacles to a successful Third Amendment challenge to Solomon: the conditionality issue and the Third Amendment’s provision for wartime quartering.
40 New Eng. L. Rev. 113

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