How to write a research paper on Barron v. Baltimore; political science?

Question

I never done a research paper and I have no idea how to start!

Answer 1

Start at the library. Tell the librarian that this is your first research paper. Tell the librarian what your project is and ask for advice. That's what they are there for.

You might want to go to a law library and read other cases that have cited Barron v. Baltimore. Read law review articles that were written at the time as well as recent articles to see what others have said about the case. Read old newspaper articles about the case as well.

Keep your research well organized. Plagiarism can get you expelled even if it is accidental.

Read the case. Barron v. Baltimore is really about states' rights. Let that guide your research.

The Court said that it did not have jurisdiction. Essentially, that meant that the "takings" clause of the 5th amendment did not apply to the states, so they did not have to provide "just compensation" like the federal government would have had to do. However, since then, I understand, the Court has interpreted the "due process" clause of the 14th amendment to apply most of the bill of rights (including the 5th amendment) to the states. In other words, they have pretty much reversed the holding in Barron v. Baltimore.

As you are researching the issues, ask yourself questions about the case and see if you can find the answer. In your head, change the fact pattern slightly and apply the rule that the Court uses to see if you would get a different result.

Think about the case in terms of its effect on your life today. As you learn more about the topic, a thesis will emerge that you will choose to prove or disprove. Let the research guide you.

If I was going to write about this topic I think I would write about Barron v. Baltimore in the context of a current debate about the 2nd amendment. While the Court has since said that the 5th amendment (at issue in Barron v. Baltimore) now applies to states through the due process clause of the 14th amendment, it has not said the same thing about the second amendment. If a state decided to pass its own gun control legislation, I wonder if the Supreme Court would rule that the 2nd amendment applies to the states through the due process clause. Or would the Court rely on its decision in Barron v. Baltimore and conclude that, while the federal gov't cannot restrict gun ownership, the states are free to do so? Would the 2nd amendment's use of the phrase, "being necessary to the security of a free state" affect the Court's decision?

Answer 2

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