Barron v. Baltimore

Appellant

John Barron

Appellee

The mayor and city council of Baltimore, Maryland

Appellant's Claim

The Fifth Amendment to the U.S. Constitution required Baltimore to compensate Barron for having "taken" his property by significantly compromising the usefulness of his wharf.

Chief Lawyer for Appellant

Charles Mayer

Chief Lawyer for Appellee

Roger Brooke Taney

Justices for the Court

Gabriel Duvall, William Johnson, John Marshall (writing for the Court), John McLean, Joseph Story, Smith Thompson

Justices Dissenting

None (Henry Baldwin did not participate)

Place

Washington, D.C.

Date of Decision

16 February 1833

Decision

The Supreme Court had no jurisdiction in this case because the Fifth Amendment applied only to the federal government and not to the states.

Related Cases

• Worcester v. Georgia, 31 U.S. 515 (1832).
• Watkins v. United States, 354 U.S. 178 (1957).

Further Readings

• Currie, David. The Constitution in the Supreme Court: The First Hundred Years, 1789-1888. Chicago: University of Chicago Press, 1985.
• Johnson, John W. Historic U.S. Court Cases, 1690-1990: An Encyclopedia. New York: Garland Publishing, 1992.
• White, George. History of the Supreme Court of the United States. Vols. III-IV: The Marshall Court and Cultural Change, 1815-1835. New York: Macmillan, 1988.