Barron v. Baltimore

The Court held that the Bill of Rights restricted only the federal government, not the states.

Overview

John Barron sued Baltimore for ruining his wharf when the city diverted streams during road work, claiming a Fifth Amendment takings violation. Chief Justice Marshall wrote for a unanimous Court that the first ten amendments were enacted to limit federal power and did not apply to state governments, whose citizens must look to their own state constitutions for protection. Barron held sway until the Fourteenth Amendment opened the door to incorporation, and nearly every Bill of Rights protection has since been applied to the states through the due process clause, making the decision a historical marker rather than current law.