Barron v. Mayor and City Council of Baltimore

Mon, 11 Feb 1833 13:00:00 +0000

Location

Fell's Point Baltimore, MD

United States

39° 16' 57.3852" N, 76° 35' 35.88" W

See map: Google Maps

Case Basics

Petitioner

Barron

Respondent

Mayor and City Council of Baltimore

Heard By

Marshall Court (1830-1834)

Decided By

Marshall Court (1830-1834)

Opinion

32 U.S. 243 (1833)

Argued

Monday, February 11, 1833

Decided

Saturday, February 16, 1833

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.

Cases - 1833 term

Barron v. Mayor and City Council of Baltimore

Location