Barron v. Baltimore
Encyclopedia
Barron v. Mayor of Baltimore, 32 U.S. (7 Pet.) 243 (1833) established a precedent on whether the United States Bill of Rights
could be applied to state governments
.
John Barron co-owned a profitable wharf in the Baltimore
harbor. He sued the mayor of Baltimore for damages, claiming that when the city had diverted the flow of streams while engaging in street construction, it had created mounds of sand and earth near his wharf making the water too shallow for most vessels. The trial court awarded Barron damages of $4,500, but the appellate court reversed the ruling.
The Supreme Court decided that the Bill of Rights, specifically the Fifth Amendment's
guarantee that government takings of private property for public use require just compensation, are restrictions on the federal government alone. Writing for a unanimous court, Chief Justice John Marshall
held that the first ten "amendments contain no expression indicating an intention to apply them to the State governments. This court cannot so apply them." Barron v. Baltimore, 32 U.S. 243, 250.
The case was particularly important in terms of American government because it stated that the freedoms guaranteed by the Bill of Rights
did not restrict the state governments. Later Supreme Court rulings would reaffirm this ruling of Barron, most notably United States v. Cruikshank
, 92 U.S. 542 (1875). However, beginning in the early 20th century, the Supreme Court has used the Due Process Clause of the Fourteenth Amendment
to apply most of the Bill of Rights to the states through the process and doctrine of selective incorporation
. Therefore, as to most, but not all, provisions of the Bill of Rights, Barron and its progeny have been circumvented, if not actually overruled.
United States Bill of Rights
The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. These limitations serve to protect the natural rights of liberty and property. They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and...
could be applied to state governments
State governments of the United States
State governments in the United States are those republics formed by citizens in the jurisdiction thereof as provided by the United States Constitution; with the original 13 States forming the first Articles of Confederation, and later the aforementioned Constitution. Within the U.S...
.
John Barron co-owned a profitable wharf in the Baltimore
Baltimore
Baltimore is the largest independent city in the United States and the largest city and cultural center of the US state of Maryland. The city is located in central Maryland along the tidal portion of the Patapsco River, an arm of the Chesapeake Bay. Baltimore is sometimes referred to as Baltimore...
harbor. He sued the mayor of Baltimore for damages, claiming that when the city had diverted the flow of streams while engaging in street construction, it had created mounds of sand and earth near his wharf making the water too shallow for most vessels. The trial court awarded Barron damages of $4,500, but the appellate court reversed the ruling.
The Supreme Court decided that the Bill of Rights, specifically the Fifth Amendment's
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
guarantee that government takings of private property for public use require just compensation, are restrictions on the federal government alone. Writing for a unanimous court, Chief Justice John Marshall
John Marshall
John Marshall was the Chief Justice of the United States whose court opinions helped lay the basis for American constitutional law and made the Supreme Court of the United States a coequal branch of government along with the legislative and executive branches...
held that the first ten "amendments contain no expression indicating an intention to apply them to the State governments. This court cannot so apply them." Barron v. Baltimore, 32 U.S. 243, 250.
The case was particularly important in terms of American government because it stated that the freedoms guaranteed by the Bill of Rights
Bill of rights
A bill of rights is a list of the most important rights of the citizens of a country. The purpose of these bills is to protect those rights against infringement. The term "bill of rights" originates from England, where it referred to the Bill of Rights 1689. Bills of rights may be entrenched or...
did not restrict the state governments. Later Supreme Court rulings would reaffirm this ruling of Barron, most notably United States v. Cruikshank
United States v. Cruikshank
United States v. Cruikshank, 92 U.S. 542 was an important United States Supreme Court decision in United States constitutional law, one of the earliest to deal with the application of the Bill of Rights to state governments following the adoption of the Fourteenth Amendment.-Background:On Easter...
, 92 U.S. 542 (1875). However, beginning in the early 20th century, the Supreme Court has used the Due Process Clause of the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
to apply most of the Bill of Rights to the states through the process and doctrine of selective incorporation
Incorporation (Bill of Rights)
The incorporation of the Bill of Rights is the process by which American courts have applied portions of the U.S. Bill of Rights to the states. Prior to the 1890s, the Bill of Rights was held only to apply to the federal government...
. Therefore, as to most, but not all, provisions of the Bill of Rights, Barron and its progeny have been circumvented, if not actually overruled.
Important quotations
- "The constitution was ordained and established by the people of the United States for themselves, for their own government, and not for the government of the individual states."
- The people of the United States framed such a government for the United States as they supposed best adapted to their situation, and best calculated to promote their interests. The powers they conferred on this government were to be exercised by itself, and the limitations on power, if expressed in general terms, are naturally and necessarily applicable to the government created by the instrument. They are limitations of power granted in the instrument itself, not of distinct governments framed by different persons and for different purposes."
- "Had the framers of these amendments intended them to be limitations on the powers of the state governments, they would have imitated limitations on the powers of the state governments, they would have imitated the framers of the original constitution, and have expressed that intention."
- "These amendments contain no expression indicating an intention to apply them to the state governments. This court cannot so apply them. We are of opinion that the provision in the Fifth Amendment to the Constitution declaring that private property shall not be taken for non public use without just compensation is intended solely as a limitation on the exercise of power by the Government of the United States, and is not applicable to the legislation of the countries."
External links
- Full text of the decision & case resources from Justia & Northwestern-Oyez
- Full text of the decision courtesy of Findlaw.com
- Information on Barron v. Baltimore
- Full Opinion of Barron v. Baltimore (PDF)
- Original Maryland lower court documents with outline courtesy of the Maryland State Archives, http;//mdsa.net