The Fifth Amendment Takings Clause does not apply to the states

E572469

constitutional principle legal doctrine

The Fifth Amendment Takings Clause does not apply to the states is the constitutional principle, established in the 1833 Supreme Court case Barron v. Baltimore, that the federal Bill of Rights’ just-compensation requirement originally restricted only the federal government and not state or local governments.

Try in SPARQL Jump to: Surface forms Statements Referenced by

All labels observed (1)

Label	Occurrences
The Fifth Amendment Takings Clause does not apply to the states canonical	1

Statements (35)

Predicate	Object
instanceOf	constitutional principle ⓘ legal doctrine ⓘ
appliesTo	Fifth Amendment Takings Clause NERFINISHED ⓘ
areaOfLaw	United States Supreme Court jurisprudence ⓘ constitutional law ⓘ
basedOn	textual reading of the Bill of Rights as limiting Congress ⓘ view that Bill of Rights did not bind state governments ⓘ
characterizedAs	non-incorporation of the Takings Clause ⓘ
concerns	relationship between federal and state power ⓘ scope of federal Bill of Rights ⓘ
constitutionalEra	pre-Civil War ⓘ
contrastsWith	modern incorporation of the Takings Clause through the Fourteenth Amendment ⓘ
establishedByCase	Barron v. Baltimore NERFINISHED ⓘ
establishedByCourt	Supreme Court of the United States NERFINISHED ⓘ
establishedInYear	1833 ⓘ
excludes	local governments ⓘ state governments ⓘ
historicalEffect	allowed states to regulate property without federal just-compensation constraint ⓘ
historicalStatus	superseded in part by later incorporation doctrine ⓘ
holdingOf	Barron v. Baltimore NERFINISHED ⓘ
interprets	Fifth Amendment to the United States Constitution NERFINISHED ⓘ Takings Clause of the Fifth Amendment NERFINISHED ⓘ
jurisdiction	United States of America ⓘ surface form: United States
limitedTo	federal government ⓘ
originallyExcluded	states ⓘ
originalScope	federal Bill of Rights NERFINISHED ⓘ
relatedConcept	Fourteenth Amendment Due Process Clause NERFINISHED ⓘ incorporation of the Bill of Rights ⓘ
relatesTo	Bill of Rights NERFINISHED ⓘ eminent domain ⓘ federalism ⓘ just compensation requirement ⓘ selective incorporation ⓘ
source	opinion by Chief Justice John Marshall in Barron v. Baltimore ⓘ
timeFrame	19th century United States constitutional law ⓘ

Referenced by (1)

Full triples — surface form annotated when it differs from this entity's canonical label.

Barron v. Baltimore → holding → The Fifth Amendment Takings Clause does not apply to the states ⓘ