The third Amendment to the Constitution reads: “No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.”
That seems to be pretty open and shut, no soldier is to be quartered in your home, without your consent, in peace time. In a time when we are at war, that will be changed but only under the law, which is to be written by the Congress of the United States. The Federal Government may not, except, in grievous circumstances place troops in your home. Now what are those grievous circumstances? Well we must be at war, there must be laws written by Congress and signed by the President, specifying the reasons and the time of the billet within your home. I would think it might be in a time when the war is on our own doorstep. If it is a war being fought on foreign soil then there would be no need for soldiers to be billeted in your home.
Even if there were riots in the streets and the President declares martial law, this amendment says no to billeting of soldiers in private homes without the consent of the homeowner. Martial law, is not a declaration of war against an enemy, it is needed only in certain instances, and for limited times. The only body with the power to declare war is the Congress of the United States, the House and Senate, not the President.
Next post will look at the 4th Amendment. Until then have a great day.