Баррон мен Балтимор ісі: АҚШ Конституциясының бірінші он түзетуі штаттарға қолданылмайды деген қағиданы орнату

1833 U. S. Supreme Court case on the scope of the Bill of Rights

Barron v. Baltimore, 32 U. S. (7 Pet.) 243 (1833), is a landmark United States Supreme Court case in 1833, which helped define the concept of federalism in US constitutional law. The Court ruled that the Bill of Rights did not apply to the state governments, establishing a precedent until the ratification of the Fourteenth Amendment to the United States Constitution.

The city of Baltimore, Maryland initiated a public works project that involved the modification of several streams that emptied into Baltimore Harbor. City construction resulted in large amounts of sediment being deposited into the streams, which then emptied into the harbor near a profitable wharf owned and operated by John Barron. The material settled into the water near the wharf, decreasing the depth of the water to a point where it was nearly impossible for ships to approach it. As it was no longer easily accessible for ships, the business's profitability declined substantially. Barron sued the City of Baltimore for losses, arguing that he was deprived of his property without the due process afforded him by the Fifth Amendment. Barron was awarded $4,500 in compensation by the trial court, but a Maryland appellate court reversed the decision.

The case was particularly important in terms of American government because it stated that the Bill of Rights did not restrict the state governments. The decision was initially ignored by the growing abolitionist movement, some of whom maintained that Congress could constitutionally abolish slavery, under the Bill of Rights. The case was largely unknown in the 1860s; during a debate in Congress on the Fourteenth Amendment, Congressman John Bingham had to read part of Marshall's opinion aloud to the Senate. Later Supreme Court rulings would return to Barron to reaffirm its central holding, most notably in United States v. Cruikshank, 92 U. S. 542 (1876). However, since the early 20th century, the Supreme Court has used the Due Process Clause of the Fourteenth Amendment, which was interpreted to have the same meaning as the Fifth Amendment, to apply most of the Bill of Rights to the states by selective incorporation. Therefore, as to most of the Bill of Rights, Barron and its progeny have been circumvented, if not actually overruled.

Jean Edward Smith, John Marshall: Definer Of A Nation, New York: Henry Holt & Company, 1996. Edward C. Papenfuse, Outline, Notes and Documents Concerning Barron v Baltimore, 32 U. S. 243, http://mdhistory. net/msaref06/barron/html/index. html