Barron - January 16, 2007 Barron V. Mayor and City Council...

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January 16, 2007 Barron V. Mayor and City Council of Baltimore : 1833 Page 446 in Gunther and Sullivan Facts : Barron sued the city of Baltimore for ruining the use of his wharf in the harbor. Barron’s claim is that Baltimore diverted the flow of streams while street construction work was going on. And this diversion of the streams, left “large masses of sand and earth” near where Barron’s wharf was located. The water in the wharf became too shallow for most of the vessels. The original trial court awarded $45,000 to Barron but the appellate court of the state reversed that. Barron then claimed that this action by the state violated the 5 th amendment that private property shall not be “taken for public use, without just compensation”. Issue Presented : The individual freedoms that are protected under the Bill of Rights, do they apply only to the federal government or also to the state governments? Ruling : That the Constitution as made for the national government and does not apply directly to the states. The states each have their own Constitution, which they must adhere to. “ . . . that the [just compensation] provision in the fifth amendment [is] intended solely as a limitation on the exercise of power by the government of the United States and is not applicable to the legislation of the states.” Rationale : “The Constitution was ordained and established by the people of the United States for themselves, for their own government, and not for the government of the individual states.” Lecture January 18, 2007 Barron Vs Baltimore: Relationship between federal protections and state localities pre civil-war era. Southern states rebelled against the federal government during the
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This note was uploaded on 04/16/2008 for the course PSC 301 taught by Professor Lamb during the Spring '08 term at SUNY Buffalo.

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Barron - January 16, 2007 Barron V. Mayor and City Council...

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