"Third Amendment Penumbras: Some Preliminary Observations" by Glenn Harlan Reynolds
 

Document Type

Article

Publication Title

Tennessee Law Review

Abstract

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 together with other protections contained within the Bill of Rights.

First Page

557

Last Page

566

Publication Date

Spring 2015

Included in

Law Commons

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