Here’s a thought that occurred to me yesterday. When the Army of Northern Virginia invaded the North in 1862 and 1863, there must have been situations where Union officers quartered in private homes. (Maybe only generals did this, but still.) Was this always the product of homeowner consent? If not, would this have violated the Third Amendment? The Amendment says that troops may be quartered in homes during wartime “in a manner to be prescribed by law.” As far as I know, though, Congress never passed a statute during the Civil War governing this sort of situation.
I suppose you could say two things about this. One is that “quartering” does not refer to a soldier staying in your house for one or two nights during a campaign. Rather, it’s a more permanent stationing of troops. The other is that consent was always given, though in practice consent may have been meaningless when armed troops showed up at your house and “asked” if they could stay with you. Thoughts?