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Barron v. Baltimore (Bill of Rights State)

District · Teaching/Historical Teaching/Historical
Court
Federal Court
Judge (CL)
Ellen L. Hollander
Filed (CL)
Dec 5, 2011
CL Status
Terminated

Legal Issues

Bill of Rights incorporation; Fifth Amendment; state action

The Facts

John Barron owned a profitable wharf in Baltimore harbor. The city diverted streams during street construction, depositing silt that made the water around Barron's wharf too shallow for ships, destroying the wharf's commercial value. Barron sued the city, arguing that the diversion constituted a taking of private property for public use without just compensation in violation of the Fifth Amendment.

The Application

History

Applying this rule, Barron's challenge failed at the threshold: although the city's diversion of streams destroyed the commercial value of his wharf—an injury that would constitute a taking under the Fifth Amendment if inflicted by the federal government—the Fifth Amendment provides no protection against state action. Because Baltimore is a state entity, not a federal actor, the Takings Clause simply does not apply to its conduct, regardless of how substantially the city's public works project damaged Barron's property rights. The Court held that Barron's remedy, if any, lay exclusively in state law and the Maryland Constitution, not in the federal Bill of Rights. This federalism principle meant that the Fifth Amendment's guarantee of just compensation was entirely unavailable to Barron despite suffering what objectively appeared to be a taking.

The Conclusion

**Barron is the foundational case for the incorporation doctrine debate.** It held for over 80 years that the Bill of Rights provided no federal check on state government action. The Fourteenth Amendment (1868) opened the door to reconsidering this result, and the 20th-century selective incorporation cases have applied most Bill of Rights provisions to the states one by one through the Due Process Clause, effectively reversing Barron's practical consequence provision by provision.

Federal Court TMR-5d293a4a May 13, 2026

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