Incorporation, the Lack Thereof | Episode 7 | Bound By Oath by IJ Podcast

All But Redacted: The Privileges or Immunities Clause | Episode 3: [Click here for Episode 1. And click here for Episode 2.] The Privileges or Immunities Clause was meant to be one of the key liberty-protecting provisions of the Fourteenth Amendment. The Clause says: “No state shall make or enforce any law which shal... by Bound By Oath by IJ

51 min listen

Tangled: The Equal Protection Clause | Episode 5: After the Civil War, what many Americans needed most was protection from violence. That’s what the Equal Protection Clause was meant to guarantee, but today the Clause does entirely different work. On this episode: a tour of the history and meaning of ... by Bound By Oath by IJ

62 min listen

Procedural Due Process | Episode 6: Before the government can take away your life, liberty, or property, it must first give you due process: fair and meaningful procedure. On this episode, we trace the history of due process from 1215 to today. And we head to Harris County, Texas, by Bound By Oath by IJ

68 min listen

The Navigable Waters | Episode 4: [Click here for Episode 1.] In 1873, the Supreme Court said that the Privileges or Immunities Clause protects a right to “use the navigable waters of the United States”—and not much else. But in the nearly 150 years since, by Bound By Oath by IJ

40 min listen

Before the 14th: John Rock and the Birth of Birthright Citizenship | Episode 1: Name just about any modern constitutional controversy—abortion, civil forfeiture, gun rights, immigration, etc.—and chances are that the Fourteenth Amendment is playing a big part. After all, if you are suing a state or local government under the feder... by Bound By Oath by IJ

61 min listen

Incorporation, the Lack Thereof | Episode 7: In 1842, the city of New Orleans prosecuted Father Bernard Permoli, a Catholic priest, for conducting an open casket funeral. A violation of the Free Exercise Clause of the First Amendment? The Supreme Court said no: The protections in the Bill of Righ... by Bound By Oath by IJ

40 min listen

Special Episode: Espinoza v. Montana Dept. of Revenue: On January 22, 2020, the U.S. Supreme Court will hear oral argument in an IJ case, Espinoza v. Montana Dept. of Revenue. At issue is a Montana school choice program that allowed families to send their children to private schools, by Bound By Oath by IJ

46 min listen

The Bubble | Season 2, Ep. 3: By any measure, the conditions that Lee Saunders endured in the psych unit at the Brevard County jail in Florida were shockingly inhumane. But when he sued over the overcrowding, abusive treatment, and denial of basic sanitation, by Bound By Oath by IJ

69 min listen

Death By a Thousand Cuts | Season 2, Ep. 2: For victims of government misconduct, whether you can sue the officials who violated your constitutional rights often depends on whether the officials are federal, state, or local government employees. On Episode 2, we look at federal officials. by Bound By Oath by IJ

65 min listen

Trailer: Season 2: Why is it so hard to sue officials who violate the Constitution? Season 2 of Bound By Oath is coming soon. Click here for transcript. Click for Apple Podcasts, Spotify, Google Podcasts, TuneIn, and Stitcher. by Bound By Oath by IJ

3 min listen

State Remedies | SEASON 2, EP. 11: With the doors to federal court closing on civil rights claims, this final episode of Season 2 heads to new terrain: state court. Click here for transcript. Click here for Episode 1. by Bound By Oath by IJ

92 min listen

Substantive Due Process | Episode 8: If the government is going to take away life, liberty, or property, the due process of law requires it to follow fair procedures. But, according to the Supreme Court, that’s not all that due process requires. by Bound By Oath by IJ

65 min listen

Episode 9 – Excessive Fines: Prohibitions on excessive fines date back at least as far as Magna Carta in 1215, and the U.S. Constitution has barred excessive fines since 1791. But the Supreme Court has only recently begun to interpret what the Excessive Fines Clause means, by Bound By Oath by IJ

63 min listen

Outrage Legislation | Season 2, Ep. 4: Section 1983 is one of the most important civil rights laws on the books; tens of thousands of plaintiffs file Section 1983 cases each year seeking to hold state and local officials to account for unconstitutional conduct ranging from excessive force a... by Bound By Oath by IJ

64 min listen

They’re Going to Kill This Man | Season 2, Ep. 1: In 2014, two members of a joint state-federal fugitive task force beat up an innocent college student, James King, after mistaking him for a suspect who looked nothing like him. The officers had James prosecuted for resisting arrest, by Bound By Oath by IJ

38 min listen

Prosecutors, Perjurers, and Other Non-Persons — Part 1 | Season 2, Ep. 10: In 2005, Charles Rehberg annoyed some politically powerful people in his community of Albany, Georgia, and found himself facing serious criminal charges—charges that were completely made up by a rogue prosecutor and could only be sustained because an i... by Bound By Oath by IJ

59 min listen

The Shooting of Bobby Moore — Part 2 | Season 2, Ep. 7: In 1978, the Supreme Court held that individuals can sue local governments for constitutional violations in federal court. Indeed, the Court held that Congress had always intended for such suits to be available — ever since it passed the Ku Klux Klan A... by Bound By Oath by IJ

62 min listen

Pierson to Pearson | Season 2, Ep. 6: In 1967, the Supreme Court invented qualified immunity. And in 1982, the Court transformed the doctrine into the one we have today. On this episode, we trace the development of the doctrine, and push back against the idea that immunities for executive ... by Bound By Oath by IJ

60 min listen

Under Color of Law | Season 2, Ep. 5: In Chicago in 1958, over a dozen police officers barged into the home of a sleeping family with guns drawn. They didn't have a warrant, and it turned out they didn't have the right man. When the family's civil rights claim reached the Supreme Court, by Bound By Oath by IJ

70 min listen

Persons Who Are Not “Persons” | Season 2, Ep. 8: Section 1983 says that "every person" acting under color of state law shall be liable for violating the Constitution. But in 1951, the Supreme Court began to rule that some officials weren't "persons" within the meaning of Section 1983 and that those o... by Bound By Oath by IJ

62 min listen

Prosecutors, Perjurers, and Other Non-Persons — Part 2 | Season 2, Ep. 10: In 1983, in the case of Briscoe v. LaHue, the Supreme Court ruled that government employees who commit perjury at trial are absolutely immune from civil liability. On Part 2 of Episode 10, we dig into the Court’s reasoning and the backstory behind Bris... by Bound By Oath by IJ

46 min listen

The Shooting of Bobby Moore — Part 1 | Season 2, Ep. 7: In 2012, Little Rock police officer Josh Hastings shot and killed 15-year-old Bobby Moore and lied about how it happened. Hastings had a long history of untruthfulness and so did many of the officers who trained him and supervised him. by Bound By Oath by IJ

45 min listen

The Blessings of Quiet Seclusion | Season 3, Ep. 5: On this episode we return to the subject of zoning. With the doors to federal courthouses barred shut, advocates for reforming zoning have turned to state courts and state constitutions. Most famously, in 1975, by Bound By Oath by IJ

62 min listen

Mr. Thornton’s Woods | Season 3, Ep. 1: In 1984, the Supreme Court ruled that the Fourth Amendment's protections against warrantless searches do not apply to "open fields." Which means that government agents can jump over fences, ignore No Trespassing signs, and roam private land at will. by Bound By Oath by IJ

66 min listen

Season 3 Teaser: Season 3 of Bound By Oath is coming soon! Click here for transcript. by Bound By Oath by IJ

3 min listen

Groping in a Fog | Season 3, Ep. 2: In 1922, Scranton, Pennsylvania was said to be on the verge of collapsing into the vast coal mines beneath the city; residents, buildings, and streets alike were being swallowed up by “suddenly yawning chasms. by Bound By Oath by IJ

72 min listen

This is Mine | Season 3, Ep. 6: On this episode, we take a break from case law and go way back to the beginning to examine the origins and justifications of private property. Click here for episode transcript. Tyler v. Hennepin County by Bound By Oath by IJ

45 min listen

A Pig in a Parlor | Season 3, Ep. 4: In 1926, in the case of Euclid v. Ambler, the Supreme Court upheld zoning, giving elected officials and city planners vast, new, and largely unchecked power to tell people what they can and cannot do with their own private property. by Bound By Oath by IJ

53 min listen

A Lost World | Season 3, Ep. 3: On Episode 3, we journey back to a lost world: the world before zoning. And we take a look at a trio of historic property rights cases. In In re Lee Sing, San Francisco officials tried to wipe Chinatown off the map. In Buchanan v. Warley, Louisville, by Bound By Oath by IJ

37 min listen

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Incorporation, the Lack Thereof | Episode 7

Incorporation, the Lack Thereof | Episode 7

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