1833 SCOTUS: Barron v. Baltimore 32 U.S. (7 Pet.) 243, Bill of Rights does not apply to state govts

[steve2470]

Last edited Wed Apr 8, 2015, 07:17 PM - Edit history (1)

http://en.wikipedia.org/wiki/Barron_v._Baltimore

Barron v. Baltimore, 32 U.S. (7 Pet.) 243 (1833), is a United States Supreme Court case in which the Court established a precedent that the United States Bill of Rights could not be applied to state governments. Thus, any state could pass a law, unless pre-empted by the Supremacy Clause (to which the Bill of Rights did not apply) permitting any violation of the Bill of Rights.

eta:

Later Supreme Court rulings would return to Barron to reaffirm its central holding, most notably United States v. Cruikshank, 92 U.S. 542 (1876). However, beginning in the early 20th century, the Supreme Court has used the Due Process Clause of the Fourteenth Amendment (interpreted, however, to have the same meaning as the 5th amendment) to apply most of the Bill of Rights to the states through the process and doctrine of selective incorporation. Therefore, as to most, but not all, provisions of the Bill of Rights, Barron and its progeny have been circumvented, if not actually overruled.

The horrendous decision here: https://supreme.justia.com/cases/federal/us/32/243/case.html