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Barron v. Baltimore 375 Barron v. the Mayor and City Council of Baltimore john marshall 1833 The city of Baltimore undertook a number of road and harbor improvements to accommodate its expanding population and commercial activity. Between the years 1815 and 1821 these improvements , including diversion of area waterways, made the water shallower around a wharf owned by the company of Craig & Barron. The effect was to make the water near Craig & Barron’s wharf too shallow for larger and more profitable cargo ships. John Barron, the surviving member of the corporation, sued the city for financial losses suffered by the business as a result of the decrease in water levels. The case eventually found its way to the U.S. Supreme Court. One of the points at issue here was whether the city had violated Barron’s right under the Fifth Amendment to the United States Constitution not to have his property taken for public use without just compensation. In siding with the city (without even hearing their arguments), Chief Justice Marshall established the rule that the protections of the Bill of Rights would be applied against the national government, but not against the states that had joined in forming that government. Barron v. the Mayor and City Council of Baltimore The plaintiff in error contends that it comes within that clause in the fifth amendment to the constitution, which inhibits the taking of private property for public use, without just compensation. He insists that this amendment, being in favour of the liberty of the citizen, ought to be so construed as to restrain the legislative power of a state, as well as that of the United States. If this proposition be untrue , the court can take no jurisdiction of the cause. The question thus presented is, we think, of great importance , but not of much difficulty. 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. Each state established a constitution for itself, and, in that constitution, provided such limitations and restrictions on the powers of its particular government as its judgment dictated. The people of the United States framed such a government for the United States as they supposed best adapted to their situation, and best calculated to promote their interests. The powers they conferred on this government were to be exercised by itself; and the limitations on power, if expressed in general terms, are naturally , and, we think, necessarily applicable to the government created by the instrument. They are limitations of power granted in the instrument itself; not of distinct governments , framed by different persons and for different purposes. If these propositions be correct, the fifth amendment must be understood as restraining the power of the general government, not as applicable to the states. In their several constitutions they have imposed such restrictions on their respective governments as their own wisdom suggested; such as they deemed most proper for themselves. It is a subject on which they judge exclusively, and with which others interfere no farther than they are supposed to have a common interest. The counsel for the plaintiff in error insists that the constitution was intended to secure the people of the several states against the undue exercise of power by their respective state governments; as well as against that which might be attempted by their general government. In support of this argument he relies on the inhibitions contained in the tenth section of the first article. We think that section affords a strong if not a conclusive argument in support of the opinion already indicated by the court. The preceding section contains restrictions which are obviously intended for the exclusive purpose of restraining the exercise of power by the departments of the general 376 bill of rights government. Some of them use language applicable only to congress: others are expressed in general terms. The third clause, for example, declares that “no bill of attainder or ex post facto law shall be passed.” No language can be more general; yet the demonstration is complete that it applies solely to the government of the United States. In addition to the general arguments furnished by the instrument itself , some of which have been already suggested, the succeeding section, the avowed purpose of which is to restrain state legislation, contains in terms the very prohibition. It declares that “no state shall pass any bill of attainder or...

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