Today in Supreme Court History: February 16, 1833

2/16/1833: Barron v. City of Baltimore decided.

Comments

[Dan Schiavetta]

If still in effect, it would mean that California could ban assault weapons, set cleaner air standards, and give rights to transgender people, all without the federal government butting in.

[Squire Al]

So, yes, iifs still in effect that might be true. But because of this case, over the next 180 years, the Supreme Court went through various means of incorporating the rights in the Bill of Rights, and others, into the Constitution. Think due process, privileges and immunities, penumbra, and other ideas. In one sense, much of Constitutional Law is about overruling this case.