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Third Amendment Penumbras: Some Preliminary Observations, Glenn Harlan Reynolds

Scholarly Works

In the landmark case of Griswold v. Connecticut, the Supreme Court told us that the Third Amendment casts a penumbra. This Essay, part of a Tennessee Law Review symposium on the Third Amendment, looks at the Third Amendment, and its construction in such cases as Griswold and Engblom v. Carey, to conclude that the Third Amendment's penumbral protections may extend to protect areas of domestic concern against state interference in the form of things like "affirmative consent" laws, regulation of childrearing practices, and invasions of electronic privacy. It concludes with some thoughts on how the Third Amendment should be read …