The Fifth Amendment Takings Clause does not apply to the states
E572469
The Fifth Amendment Takings Clause does not apply to the states is the constitutional principle, established in the 1833 Supreme Court case Barron v. Baltimore, that the federal Bill of Rights’ just-compensation requirement originally restricted only the federal government and not state or local governments.
All labels observed (1)
| Label | Occurrences |
|---|---|
| The Fifth Amendment Takings Clause does not apply to the states canonical | 1 |
How this entity was disambiguated
This entity first appeared as the object of triple T6165878 — resolving that mention is where its identity was fixed. The disambiguator weighed these candidate entities and picked the highlighted one (or “None”, minting a new entity). This is how homonymy is resolved: the same surface form can point to different entities.
Target entity: The Fifth Amendment Takings Clause does not apply to the states Context triple: [Barron v. Baltimore, holding, The Fifth Amendment Takings Clause does not apply to the states]
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A.
Eleventh Amendment to the United States Constitution
The Eleventh Amendment to the United States Constitution is a 1795 amendment that limits the ability of individuals to bring suits against states in federal court, reinforcing the principle of state sovereign immunity.
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B.
Territorial Clause of the United States Constitution
The Territorial Clause of the United States Constitution is a provision in Article IV that grants Congress broad authority to govern and regulate U.S. territories and their property.
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C.
District Clause of the U.S. Constitution
The District Clause of the U.S. Constitution is the provision that grants Congress exclusive legislative authority over the federal district that became Washington, D.C., allowing it to govern the nation’s capital separately from any state.
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D.
Ex Post Facto Clause
The Ex Post Facto Clause is a constitutional prohibition that prevents governments from retroactively criminalizing conduct or increasing punishments after the fact.
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E.
the Exceptions and Regulations Clause
The Exceptions and Regulations Clause is a provision in the U.S. Constitution that grants Congress authority to limit and shape the appellate jurisdiction of the Supreme Court.
- F. None of above. chosen
- G. Unsure - the case is ambiguous/there is not enough information to decide.
Target entity: The Fifth Amendment Takings Clause does not apply to the states Target entity description: The Fifth Amendment Takings Clause does not apply to the states is the constitutional principle, established in the 1833 Supreme Court case Barron v. Baltimore, that the federal Bill of Rights’ just-compensation requirement originally restricted only the federal government and not state or local governments.
-
A.
Eleventh Amendment to the United States Constitution
The Eleventh Amendment to the United States Constitution is a 1795 amendment that limits the ability of individuals to bring suits against states in federal court, reinforcing the principle of state sovereign immunity.
-
B.
Territorial Clause of the United States Constitution
The Territorial Clause of the United States Constitution is a provision in Article IV that grants Congress broad authority to govern and regulate U.S. territories and their property.
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C.
District Clause of the U.S. Constitution
The District Clause of the U.S. Constitution is the provision that grants Congress exclusive legislative authority over the federal district that became Washington, D.C., allowing it to govern the nation’s capital separately from any state.
-
D.
Ex Post Facto Clause
The Ex Post Facto Clause is a constitutional prohibition that prevents governments from retroactively criminalizing conduct or increasing punishments after the fact.
-
E.
the Exceptions and Regulations Clause
The Exceptions and Regulations Clause is a provision in the U.S. Constitution that grants Congress authority to limit and shape the appellate jurisdiction of the Supreme Court.
- F. None of above. chosen
Statements (35)
| Predicate | Object |
|---|---|
| instanceOf |
constitutional principle
ⓘ
legal doctrine ⓘ |
| appliesTo | Fifth Amendment Takings Clause NERFINISHED ⓘ |
| areaOfLaw |
United States Supreme Court jurisprudence
ⓘ
constitutional law ⓘ |
| basedOn |
textual reading of the Bill of Rights as limiting Congress
ⓘ
view that Bill of Rights did not bind state governments ⓘ |
| characterizedAs | non-incorporation of the Takings Clause ⓘ |
| concerns |
relationship between federal and state power
ⓘ
scope of federal Bill of Rights ⓘ |
| constitutionalEra | pre-Civil War ⓘ |
| contrastsWith | modern incorporation of the Takings Clause through the Fourteenth Amendment ⓘ |
| establishedByCase | Barron v. Baltimore NERFINISHED ⓘ |
| establishedByCourt | Supreme Court of the United States NERFINISHED ⓘ |
| establishedInYear | 1833 ⓘ |
| excludes |
local governments
ⓘ
state governments ⓘ |
| historicalEffect | allowed states to regulate property without federal just-compensation constraint ⓘ |
| historicalStatus | superseded in part by later incorporation doctrine ⓘ |
| holdingOf | Barron v. Baltimore NERFINISHED ⓘ |
| interprets |
Fifth Amendment to the United States Constitution
NERFINISHED
ⓘ
Takings Clause of the Fifth Amendment NERFINISHED ⓘ |
| jurisdiction |
United States of America
ⓘ
surface form:
United States
|
| limitedTo | federal government ⓘ |
| originallyExcluded | states ⓘ |
| originalScope | federal Bill of Rights NERFINISHED ⓘ |
| relatedConcept |
Fourteenth Amendment Due Process Clause
NERFINISHED
ⓘ
incorporation of the Bill of Rights ⓘ |
| relatesTo |
Bill of Rights
NERFINISHED
ⓘ
eminent domain ⓘ federalism ⓘ just compensation requirement ⓘ selective incorporation ⓘ |
| source | opinion by Chief Justice John Marshall in Barron v. Baltimore ⓘ |
| timeFrame | 19th century United States constitutional law ⓘ |
How these facts were elicited
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Subject: The Fifth Amendment Takings Clause does not apply to the states Description of subject: The Fifth Amendment Takings Clause does not apply to the states is the constitutional principle, established in the 1833 Supreme Court case Barron v. Baltimore, that the federal Bill of Rights’ just-compensation requirement originally restricted only the federal government and not state or local governments.
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.