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Dusting Off the Third Amendment: A Creative Response to Domestic Spying

Fourth Amendment arguments against the NSA surveillance programs are plentiful these days. The general perception by the public, and numerous government officials, is that warrantless surveillance and data mining is an unconstitutional search and seizure under the Fourth Amendment. However, the existence of secret FISA courts could prove to be an impediment to Fourth Amendment challenges, which is why it’s time to dust off the often neglected and forgotten Third Amendment.