The Fourteenth Amendment And The Bill Of Rights Essay

1372 Words Feb 28th, 2016 null Page
The 14th Amendment and the Bill of Rights John Barron was a business owner of a wharf that was located on the Baltimore’s harbor in the deepest part. In 1815, the city of Baltimore decided to do improvements to their streets, which in turn diverted streams this caused the soil in front of Barron’s wharf to build up. In a little over 6 years the soil build up made it where ships could no longer tie up at the wharf. John Barron had to go out of business. In return, John sued the city of Baltimore in state court for the ruin of his wharf business. John’s argument in court was that the Fifth Amendment of the Bill of Rights protected him against private property being taken or reduced in value for public use without being justly compensated for it. His case went to the Supreme Court and the Chief Justice John Marshall dismissed John’s case. Chief Justice John Marshall reasoning behind the dismissal was that the Fifth Amendment and all amendments of the Bill of Rights only applied to the federal government and did not apply to the states. With the case of Barron v. Baltimore the principle was established that the Bill of Rights did not pertain to or control the state laws or actions (Costly, 2016). Congressman James Madison, in 1789 in the first Congress, submitted proposed modification for the Bill of Rights. In Madison’s proposal he prohibited states from infringing on the rights of conscience, freedom of the press, and trial by jury in criminal cases. Madison’s proposed…

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