The Supreme Court’s decision in this case, in which it ignored the due process clause, is most notable for the dissent by Justice John Marshall Harlan, which can be seen as a precursor to the Fourteenth Amendment incorporation doctrine.
A man convicted of robbery challenged his conviction because of the use of a presentment rather than a grand jury indictment and a jury composed of eight rather than twelve members. The Supreme Court upheld his conviction, eight to one, and summarily dismissed the defendant’s objections. As in the Slaughterhouse Cases
Justice John Marshall Harlan's eloquent dissent in Maxwell presaged the incorporation of the Bill of Rights through the Fourteenth Amendment in the twentieth century.
Barron v. Baltimore
Bill of Rights
Due process, procedural
Due process, substantive