Third Amendment Penumbras: Some Preliminary Observations

11 Pages Posted: 9 Jun 2015 Last revised: 2 Dec 2015

Glenn Harlan Reynolds

University of Tennessee College of Law

Date Written: June 8, 2015

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.

Keywords: Third Amendment, Penumbras, Griswold, Engblom, Malware, Spyware, Affirmative Consent, Childrearing, Spanking, Sodomy

Suggested Citation

Reynolds, Glenn Harlan, Third Amendment Penumbras: Some Preliminary Observations (June 8, 2015). Tennessee Law Review, Vol. 82, 2015; University of Tennessee Legal Studies Research Paper No. 275. Available at SSRN: https://ssrn.com/abstract=2616034

Glenn Harlan Reynolds (Contact Author)

University of Tennessee College of Law ( email )

1505 West Cumberland Avenue
Knoxville, TN 37996-1810
United States
865-974-6744 (Phone)

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