“The penumbras of the Third Amendment, in conjunction with those other provisions, may impel stricter limits on official intrusions than would be provided by the Second or Fourth Amendments alone.”
“And going beyond sex, one might imagine that intrusive governmental regulations of childrearing, education, diet, and other domestic elements might fall within the Third Amendment’s penumbral protections. All seem as closely related to the maintenance of unmolested domestic bliss as, say, the right to have a diaphragm or condoms in the nightstand.”
Prof. Glen Reynolds is a Tennessee treasure. I’m very grateful that he is training future lawyers for this state. Denizens of the internet may recognize him as “Instapundit.”
NB: You’ll have to download the article in order to read it.