Q: What was the holding in the Barron v. Mayor and City Council of Baltimore (1883) case?
Holding: The 5th Amendment does not apply to states. WHY (1) binding only on the Fed govt. (2) State constitutions are binding on the States—clear delineation btw the two.
The 2 battling views:
1st: 14th Amendemt Rights based on the Civil Rights Act of 1866.
2nd: 14th Amendment Rights favouring a broader interpretation (i.e. Bill of Rights incorporation).
Dissent in Slaughter House Cases (Justice Bradley) alluded to the full incorporation of the Bill of Rights into the 14th Amendment.
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