Barron v Baltimore Argued February 11 1833 Decided

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

Background • In 1833: ØBaltimore 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: Ø…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 ØIf the founders intended to apply the rights to state laws, they would have

Decision • Example from 1 st amendment: ØCongress shall make no law… • States aren’t bound by rights in US Constitution ØIf 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) Ø …No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States…