Coverart for item
The Resource Diminishing the Bill of Rights : Barron v. Baltimore and the foundations of American liberty, William Davenport Mercer

Diminishing the Bill of Rights : Barron v. Baltimore and the foundations of American liberty, William Davenport Mercer

Label
Diminishing the Bill of Rights : Barron v. Baltimore and the foundations of American liberty
Title
Diminishing the Bill of Rights
Title remainder
Barron v. Baltimore and the foundations of American liberty
Statement of responsibility
William Davenport Mercer
Creator
Author
Subject
Genre
Language
eng
Summary
"The modern effort to locate American liberties, it turns out, began in the mud at the bottom of Baltimore harbor. John Barron Jr. and John Craig sued the city for damages after Baltimore's rebuilt drainage system diverted water and sediment into the harbor, preventing large ships from tying up at Barron and Craig's wharf. By the time the case reached the U.S. Supreme Court in 1833, the issue had become whether the city's actions constituted a taking of property by the state without just compensation, a violation of the Fifth Amendment to the U.S. Constitution. The high court's decision in Barron v. Baltimore marked a critical step in the rapid evolution of law and constitutional rights during the first half of the nineteenth century. [This book] examines the backstory and context of this decision as a turning point in the development of our current conception of individual rights. Since the colonial period, Americans had viewed their rights as springing from multiple sources, including the common law, natural right, and English legal tradition. Despite this rich heritage and a prohibition grounded in the Magna Carta against uncompensated state takings of property, the Court ruled against Barron's claim. The Bill of Rights, Chief Justice John Marshall declared in his opinion for the majority, restrained only the federal government, not the states. The Fifth Amendment, accordingly, did not apply to Maryland or any of the cities it chartered. In explaining how the Court came to reject a multisourced view of human liberties{u2014}a position seemingly inconsistent with its previous decisions{u2014}William Davenport Mercer helps explain why we now envision the Constitution as essential to guaranteeing our rights. Marshall's view of rights in Barron, Mercer argues, helped him navigate the Court through the precarious political currents of the time. While the chief justice may have effected a shrewd political maneuver, the decision helped hasten a reconceptualization of rights as located in documents. Its legacy, as Mercer's work makes clear, is among the Jacksonian era's significant democratic reforms and marks the emergence of a distinctly American constitutionalism." -- Book jacket
Member of
Cataloging source
DLC
http://library.link/vocab/creatorDate
1972-
http://library.link/vocab/creatorName
Mercer, William Davenport
Illustrations
illustrations
Index
index present
Literary form
non fiction
Nature of contents
bibliography
Series statement
Studies in American constitutional heritage series
Series volume
volume 3
http://library.link/vocab/subjectName
  • United States.
  • United States.
  • United States.
  • Federal government
  • States' rights (American politics)
  • Constitutional history
  • Legal positivism
  • Constitutional history
  • Federal government
  • Legal positivism
  • States' rights (American politics)
  • United States
Label
Diminishing the Bill of Rights : Barron v. Baltimore and the foundations of American liberty, William Davenport Mercer
Instantiates
Publication
Bibliography note
Includes bibliographical references (pages 259-274) and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Dimensions
24 cm.
Extent
xii, 283 pages
Isbn
9780806156026
Lccn
2016033874
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
Note
GOBI Library Solutions from EBSCO
Other physical details
illustrations
System control number
(OCoLC)954038382
Label
Diminishing the Bill of Rights : Barron v. Baltimore and the foundations of American liberty, William Davenport Mercer
Publication
Bibliography note
Includes bibliographical references (pages 259-274) and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Dimensions
24 cm.
Extent
xii, 283 pages
Isbn
9780806156026
Lccn
2016033874
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
Note
GOBI Library Solutions from EBSCO
Other physical details
illustrations
System control number
(OCoLC)954038382

Library Locations

    • Biddle Law LibraryBorrow it
      3400 Chestnut Street, Philadelphia, Pennsylvania, 19104, US
      39.954941 -75.193362
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