Leave it Trump to breathe life into the most anachronistic corner of the Constitution - 2020-06-05
Leave it to Trump to breathe life into perhaps the most anachronistic corner of the Constitution.
The Third Amendment prohibits the government from forcing people to house soldiers in peacetime. There are no Third Amendment cases, period. It's simply never come up, so I have no reliable way to analyze what might happen here if litigation ensues, and it suddenly seems like it might.
The facts are mostly straightforward: National guard troops are being housed in DC hotels and DC's mayor wants them out, citing the Third Amendment, with the unique twist that DC is not a state, so it's often the case that federal law fills in the gaps where state law might apply in an otherwise identical circumstance in, say, New York.