Engblom v. Carey

Common card · No. 380002

Engblom v. Carey, 677 F.2d 957 (2d Cir. 1982), is a landmark decision by the United States Court of Appeals for the Second Circuit interpreting the Third Amendment to the United States Constitution for the first time. It is notable for being one of the few significant court decisions to interpret the Third Amendment prohibition of quartering soldiers in homes during peacetime without the owner's consent. The dispute covered the housing of the National Guard in worker dorms while they were acting as prison workers during a strike. In a 2–1 decision by a three-judge panel, Engblom articulated three principles that apply to challenges under the Third Amendment. First, national guardsmen are considered soldiers for the purposes of a Third Amendment claim. This holding extends Third Amendment protections beyond federal armed forces, such as the army, to include the state-regulated militia. Second, the Third Amendment is incorporated and thus applies to individual states as well as the federal...

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