Barron v. Baltimore

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EXAMPLE
(check the notes below
presentation)
GROUP TITLE SLIDE
Barron v. Baltimore (1833)
• By student name
Background to the case
• John Barron owned
shipping wharf in
Baltimore
• As Baltimore grew, sand
accumulated & made
wharf WORTHLESS
–Sued city saying he should
be compensated for losses
A WHARF
Arguments from either side
• Barron
– Complained when sand
accumulate near wharf
due to city expansion
which limited the access
for most ships to his dock
resulting in loss of
revenue
– Sued the city AND won
but later overturned
($4500)
• Baltimore
– Not responsibility for normal
expansion issues
– This doesn’t involve just
compensation from 5th
amendment
What’s at Stake?
THE
PROBLEM
 Does the
• The
Fifth Amendment
Fifth
Amendment
deny
the
says,
“nor shall
private
states
as well be
as the
national
property
taken
for
public use,
just
government
thewithout
right to take
compensation.”
private
property for public use
–Barron
wasn’t
without
justly
compensating
compensated!!
the property's
owner? Do
amendments apply to states?
We already know they apply
to the national government
Garner Student Guesses
Supreme Court decision
Does the Fifth Amendment
deny the states as well as the
national government the
right to take private property
for public use without justly
compensating the property's
owner? Do amendments
apply to states?
The Ruling?
The Ruling
• Amendments only apply to
Nat’l Gov’t, not states
• Framers of Const. & Bill of
Rights were worried about too
much nat’l power, not too
much state power
• B/c Amendments don’t apply
to states, Supreme Court has
no business dealing w/ this
case
• LET MARYLAND DEAL WITH IT
Case’s significance OR
Short-Term Effect
• States  NOT held
accountable to any of
Bill of Rights or other
amendments…yet
The Long-Term Effect
• People in states weren't
necessarily given rights
enumerated in Bill of
Rights.
• 90 years later 
overturned “Selective
Incorporation”
–Gitlow v. New York (1923)
Sources Cited…(example)
• MLA formatting
• Sources should include:
–Oyez.org
–Content for Supreme Court
cases
–Which search engine you used
for images
Next presentation would start
after last with title slide
Gitlow v. New York (1925)
By Mr. McLeod
The Facts
• Gitlow (socialist) passed out papers
calling for people create a socialist
gov’t thru strikes, & other class based
actions
– Convicted under New York law against
anarchy which punished people trying
to overthrow the gov’t by force
• Didn’t matter whether any person
receiving his papers actually did
anything
Can Gitlow speak?
Arguments from either side
• Gitlow
• New York
What’s at Stake?
Remember John Barron & his stupid wharf?
• Is New York violating the 1st
Amendment?
• 1st Amendment: “Congress shall
make no law…abridging the
freedom of speech.”
• THE PROBLEM  Is the New York
law punishing advocacy to
overthrow the government by force
an unconstitutional violation of the
free speech clause of the First
Amendment?
• Should the Court overturn Barron
v. Baltimore?
Garner Student Guesses
Supreme Court decision
Is the New York law punishing
advocacy to overthrow the
government by force an
unconstitutional violation of the
free speech clause of the First
Amendment?
Should the Court overturn
Barron v. Baltimore?
The Ruling?
Supreme Court Ruling
• Because of “Due Process” & “Equal
Protection of the 14th Amendment,
they DO apply to the states
• State CAN LIMIT Free Speech but
only if it is directly leading to actions
dangerous to public security
• In other words, the speech needs to
be creating a “clear & present
danger”
• So…What’s the deal with this 14th
Amendment?
Case’s significance OR
Short-Term Effect
• Starts “Selective
Incorporation” of Bill
of Rights using Equal
Protections Clause of
the 14th
The Long-Term Effect
• Selective
incorporation (Bill of
Rights) starts applying
to states NOT just
federal gov’t
Sources Cited…(example)
• MLA formatting
• Sources should include:
–Oyez.org
–Content for Supreme Court
cases
–Which search engine you used
for images
Next presentation would start
after last with title slide
Discussion day
• Submit 3-5 questions (why) that have to do
w/ your court case or topic that will stimulate
deeper thinking (one question per student)
–Should some religions be outlawed?
–Should public funds be used for construction of
religious prayer rooms
–Is religion legal?
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