Mark Small

3rd Amendment: 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 is “almost never-used.” Silvera v. Lockyer, 312 F.3d 1052, 1076 (9th Cir. 2002). 1/16

We should learn history, especially the history of our Constitution and case law and amendments that followed ratification in 1789 up to today. 2/16

England: Quartering Act of 1765 req’d American colonists to bear cost of feeding/sheltering British troops & provided if room insufficient soldiers could be quartered in inns, livery stables and ale houses. 5 Geo. 3, c. 33 (1765). 3/16

Quartering Act of 1774 one of Intolerable Acts after Boston Tea Party auth’d Brit commanders to quarter troops wherever necessary, including homes of colonists. 14 Geo. 3, c. 54 (1774). Engblom v. Carey, 677 F.2d 957, 966-67 (2d Cir. 1982) dissent. 4/16

Quartering of troops: so abhorred by colonists it was included in Declaration of Independence: The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment... 5/16

of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world . . . The Acts were responsible for 3rd Amend. Gerlachi, 80 The New Eng. Quart. 39 (1966), cited by Atkinson v. Gurich, 248 P.3d 356, 360 n. 22 (Okla. 2011). 6/16

W/its historical origins rooted in English Bill of Rights of 1689, 3rd Amend embodies a fundamental value: the sanctity of the home against oppressive governmental intrusion. Engblom, 677 F.2d at 966-67. 7/16