Incorporation of the Third Amendment

[Paul Finkelman]

Wouldn't there have to be some jurisprudence on the Third Amendment for 
it to be incorporated?  Could we assert that the 3rd is the single most 
successful Amendment in the Bill of Rights, in that no state government 
or the federal government has ever tried to abridge it?

Paul Finkelman

Carlton Larson wrote:

> All the con law casebooks that I've looked at state that the Third 
> Amendment has never been incorporated.  But how does that square with 
> Griswold?  There, the Court found, in striking down a state law, that 
> the Third Amendment, among others, emitted a penumbra relating to the 
> right of privacy.  Doesn't that suggest that the Third Amendment must 
> apply to the states?  Otherwise, how could the Court rely on it in 
> part to strike down a state law?  Or I am missing something obvious?
>
> Carlton Larson
> UC-Davis School of Law
>
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-- 
Paul Finkelman
Chapman Distinguished Professor of Law
University of Tulsa College of Law
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