Barron v. The Mayor and City Council of Baltimore
7 Pet. (32 U.S.) 243, 8 L.Ed. 672 (1833)

Facts

The Plaintiff (Barron) co-owned a wharf in the Eastern Harbor of Baltimore. The wharf had been profitable because it was surrounded by some of the deepest waters in the bay. City improvements resulted in large deposits of sand accumulating. The waters became too shallow to access.

Barron sued the City Council and Mayor for damages, on the basis that the Fifth Amendment forbid the states and National Government from taking private property for public use without compensation.

The Trial Court awarded Barron $4500 in damages. That decision was reversed by an appellate court and Barron appealed to the Supreme Court. The Supreme Court affirmed that decision.

Questions

Is the Fifth Amendment applicable to the States?

Holding

The Court held that the Fifth Amendment must be understood to restrain the power of the Central Government, and was not applicable to the States.

The Court held that it had no Jurisdiction over the matter, as the limitations on state governments could only be set by the states, and judged exclusively by the states.

Reasoning

Since the Constitution was ordained and established by the people of the United States, for the central government, its powers could only be exercised by that central government, and the limitations it lists are only applicable to that central government which the Constitution created.

The Court also relies on Article I, Section 10, which reads;