In 1833, SCOTUS decided Barron v Baltimore, claiming the Bill of Rights only limited Federal power, not State power. The 39th Congress drafted the 14th Amendment, in part, to reverse the decision in Barron. However, we must look to the text itself for the answer on this issue. Yes, the 1st Amendment references “Congress shall make no…” but NONE of the other Amendments have such language. Nothing in the other initial amendments allows the States, while prohibiting Congress, from taking specified actions. Rather, the language of those Amendments focuses on the perspective of the person – and how the individual’s rights shall not be infringed. Period.
Throwback Thursdays: Barron v Baltimore
By Katherine Henry|2026-01-28T16:34:03-05:00January 29, 2026|Categories: Throwback Thursday|1 Comment

Thanks Katherine. Another case to read. Appreciate.