Barron v. Baltimore

Paper Summary:

This paper discusses the Supreme Court case "Barron v. Baltimore" from 1833, decided by the Marshall Court, in which the issue was the applicability of the Fifth Amendment to the states as well as the federal government. The paper analyzes the Supreme Court decision in the case which found that the Fifth Amendment did not apply to the states as well as the federal government. The paper notes that this decision served as precedent for a century before being abandoned in the 1930s and that some thought applied to the entire Bill of Rights.

From the Paper:

"An early decision regarding the taking of private property and any protections against this afforded by the Fifth Amendment was known as Barron v. Baltimore (32 U.S. 243, 1833). In this case, John Barron was part owner of a wharf in the city of Baltimore. The city was then expanding, and this caused the accumulation of large amounts of sand in the harbor, which deprived parts of the harbor of deep waters needed for certain types of shipping. The accumulation affected Barron and his business adversely, so he sued the city for part of his financial losses. The issue raised was not simply about the financial losses, however, for the case was based on the protections of the Fifth Amendment. According to that amendment, the federal government is prevented from taking private property for public use without just compensation for the owner of that property."

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