Bound By Oath by IJ

By Institute for Justice

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Description

Bound by Oath is a new podcast series by IJ’s Center for Judicial Engagement where the Constitution’s past catches up with the present. Article VI of the U.S. Constitution requires every judge to be “bound by Oath” to uphold “this Constitution.” But to understand if judges are following that oath, it’s important to ask, “What is in ‘this Constitution’?” In this upcoming podcast series, Short Circuit takes a deep dive into specific parts of the Constitution, starting with the 14th Amendment, which turned 150 in 2018. “Bound by Oath” features interviews with historians, legal scholars, and the real people involved in historic and contemporary cases.

Episode Date
Season 2, Ep. 3: The Bubble
1:09:09

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, the courts ruled that the officer in charge was immune from suit. On this episode, we explore the…

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Dec 28, 2020
Season 2, Ep. 2: Death By a Thousand Cuts
1:05:01

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. We’ll head out to Wyoming where a rancher subjected to a 12-year campaign of harassment found out the…

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Dec 14, 2020
Season 2, Ep. 1: They’re Going to Kill This Man
38:02

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, which a jury quickly threw out. Then, in 2015, he sued the officers for violating his rights.…

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Nov 25, 2020
Trailer: Season 2
3:02

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.

The post Trailer: Season 2 appeared first on Institute for Justice.

Nov 23, 2020
Episode 9 – Excessive Fines
1:03:03

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, and it wasn’t until 2019 that the Court said the Clause applies to the…

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Feb 20, 2020
Special Episode: Espinoza v. Montana Dept. of Revenue
46:02

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, including religious ones. The Montana Supreme Court said the program violated the state’s Blaine Amendment,…

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Jan 16, 2020
Episode 8 – Substantive Due Process
1:04:41

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. The government also must have a good reason to take life, liberty, or property. On this episode, we head…

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Nov 15, 2019
Episode 7 – Incorporation, the Lack Thereof
39:34

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 Rights did not bind state and local governments. Then in 1868, the Fourteenth…

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Aug 23, 2019
Episode 6 – Procedural Due Process
1:07:40

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, which operates the the third-largest jail in the country, to see why…

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Jul 05, 2019
Episode 5 – Tangled: The Equal Protection Clause
1:01:37

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 the Clause and how African-style hair braiders use it today to protect their…

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Apr 17, 2019
Episode 4 – The Navigable Waters
40:28

[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, the Court has never examined what the right to use the navigable waters means in practice. On…

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Feb 20, 2019
Episode 3 – All But Redacted: The Privileges or Immunities Clause
51:20

[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 shall abridge the privileges or immunities of citizens of the United States.” That…

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Jan 30, 2019
Episode 2 – The Fight for the 14th
1:06:10

At the close of the Civil War, some 4 million slaves became free. But almost immediately after hostilities ceased, leaders in the ex-Confederate states began to impose a series of laws, the Black Codes, that re-instituted slavery in all but name. Just as swiftly, a wave of terrorist violence swept across the South, targeting blacks…

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Dec 19, 2018
Episode 1 – Before the 14th: John Rock and the Birth of Birthright Citizenship
1:00:46

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 federal constitution, you’re usually making a claim under the Fourteenth Amendment. But you can’t fully appreciate the Amendment’s…

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Dec 04, 2018