BARRON v. MAYOR AND CITY COUNCIL OF BALTIMORE

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Case Basics
Petitioner 
Barron
Respondent 
Mayor and City Council of Baltimore
Opinion 
Term:
Location: Fell's Point
Facts of the Case 

John Barron was co-owner of a profitable wharf in the harbor of Baltimore. As the city developed and expanded, large amounts of sand accumulated in the harbor, depriving Barron of the deep waters which had been the key to his successful business. He sued the city to recover a portion of his financial losses.

Question 

Does the Fifth Amendment deny the states as well as the national government the right to take private property for public use without justly compensating the property's owner?

Conclusion 
Decision: 7 votes for Mayor and City Council of Baltimore, 0 vote(s) against
Legal provision: US Const Amend 5

No. The Court announced its decision in this case without even hearing the arguments of the City of Baltimore. Writing for the unanimous Court, Chief Justice Marshall found that the limitations on government articulated in the Fifth Amendment were specifically intended to limit the powers of the national government. Citing the intent of the framers and the development of the Bill of Rights as an exclusive check on the government in Washington D.C., Marshall argued that the Supreme Court had no jurisdiction in this case since the Fifth Amendment was not applicable to the states.

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BARRON v. MAYOR AND CITY COUNCIL OF BALTIMORE. The Oyez Project at IIT Chicago-Kent College of Law. 20 October 2014. <http://www.oyez.org/cases/1792-1850/1833/1833_0>.
BARRON v. MAYOR AND CITY COUNCIL OF BALTIMORE, The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/1792-1850/1833/1833_0 (last visited October 20, 2014).
"BARRON v. MAYOR AND CITY COUNCIL OF BALTIMORE," The Oyez Project at IIT Chicago-Kent College of Law, accessed October 20, 2014, http://www.oyez.org/cases/1792-1850/1833/1833_0.