Barron v. Baltimore (1833) Background John Barron was the owner of a wharf in eastern Baltimore.

The city diverted a number of nearby streams and rivers and as a consequence changed the depth of his wharf and no longer made it profitable. He sued on the basis that the fifth Amendment forbids state and national governments from taking private property for public use without just compensation. Won $4500 in damages in trial court, which was then reversed in appellate court.

Issue at Hand

-Due Process Clause -The 14th Amendment (which intended to incorporate the Bill of Rights in order to require all states to apply it to their citizens) (9-0)

Vote Opinion Summary

Unanimous decision stated that the Fifth Amendment does not apply to State governments and only the national one because the Bill of Rights is not incorporated into the Constitution as a whole and are only amendments to it. Also noted that this was the result of the disagreement between the founders.

Impact

Constitution protects government of the nation, and not of each state Established the precedent that the Bill of Rights is not incorporated to state governments