The Fifth Amendment Takings Clause does not apply to the states

E572469

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.

All labels observed (3)

How this entity was disambiguated

Statements (35)

Predicate Object
instanceOf constitutional principle ⓘ
legal doctrine ⓘ
appliesTo Fifth Amendment Takings Clause ⓘ
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 ⓘ
establishedByCourt Supreme Court of the United States ⓘ
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historicalStatus superseded in part by later incorporation doctrine ⓘ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 ⓘ
interprets Fifth Amendment to the United States Constitution ⓘ
Takings Clause of the Fifth Amendment ⓘ
jurisdiction United States ⓘ
limitedTo federal government ⓘ
originallyExcluded states ⓘ
originalScope federal Bill of Rights ⓘ
linked to: Bill of Rights
relatedConcept Fourteenth Amendment Due Process Clause ⓘ
linked to: Due Process Clause

incorporation of the Bill of Rights ⓘ
relatesTo Bill of Rights ⓘ
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 ⓘ

How these facts were elicited

Referenced by (4)

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 ⓘ
United States v. Sioux Nation of Indians → hasLegalSubject → Fifth Amendment takings ⓘ
linked to: The Fifth Amendment Takings Clause does not apply to the states
John Barron → legalClaimBasedOn → Fifth Amendment Takings Clause ⓘ
linked to: The Fifth Amendment Takings Clause does not apply to the states
The Fifth Amendment Takings Clause does not apply to the states → appliesTo → Fifth Amendment Takings Clause ⓘ
linked to: The Fifth Amendment Takings Clause does not apply to the states