Today in Supreme Court History: February 16, 1833

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

 

Comments

[JoeFromtheBronx]

This opinion uses the purpose and history of the Bill of Rights to override the possible literal meaning to not apply the Takings Clause to the states. It is one of Marshall's last major opinions.

Some people disagreed with the result. After all, the First Amendment expressly says "Congress," while the Fifth Amendment is more open-ended. Some state courts cited the BOR to help determine fundamental rights protected by the people.

The dissenters include some supporting the ratification of the Fourteenth Amendment. They partially argued that antebellum practice showed the states did not adequately protect the privileges and immunities of citizens, so a national amendment (with express congressional enforcement) was needed.