Barron v. Baltimore Argued February 11, 1833 Decided February 16, 1833.

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Presentation transcript:

Barron v. Baltimore Argued February 11, 1833 Decided February 16, 1833

Background In 1833:  Baltimore was growing, and they were building roads to accommodate growth

Background Some debris from the construction was dropped into the river John Barron owned a profitable wharf in Baltimore The accumulation of debris made the water shallower, making it difficult for big ships to get through

Background/Law in Question Barron sued the city for the loss of the value of his property Amendment 5:  …nor shall private property be taken for public use, without just compensation Taking the value of property is treated the same as taking the actual property

Legal Questions Does eminent domain apply to state laws? More broadly, do state laws have to adhere to any Constitutional rights?

Decision SCOTUS refused to hear the case, said that constitutional rights do not apply to state laws There are limits to state laws in other parts of the Constitution  If the founders intended to apply the rights to state laws, they would have

Decision Example from 1 st amendment:  Congress shall make no law… States aren’t bound by rights in US Constitution  If states wanted to, they’d put those rights in their own Constitutions

Long-term Impact States were not limited by constitutional rights until after the Civil War 14 th amendment (1868)  …No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States…