
Bound By Oath by IJ
Bound by Oath is a podcast series from the Center for Judicial Engagement at the Institute for Justice. It’s 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’?” Your host John Ross takes a deep dive into the Constitution’s text, history, and characters, and interviews historians, legal scholars, and the real people involved in historic and contemporary cases.
Latest episodes

Jan 19, 2024 • 37min
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, Ky. officials mapped out where in the city residents were allowed to live based on their race. And in Hadacheck v. Sebastian, a Los Angeles city councilman sought to use the police power to protect his real estate investments.
Click here for transcript.

Dec 21, 2023 • 1h 12min
Groping in a Fog | Season 3, Ep. 2
Explore the fallout of a Supreme Court ruling on coal mining in Scranton, PA. Dive into the complexities of regulatory takings and legal opinions. Uncover an unsolved murder mystery and the legal battle over Grand Central Terminal. Delve into the impact of the Pent-Central decision on property rights and regulatory takings doctrine.

Dec 8, 2023 • 1h 6min
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. There are no limits. On this episode, we talk to Richard and Linda Thornton, whose property in rural Maine was at the center of the case. And we ask: Can the Founders really have thought the Constitution did not protect private woods, fields, farms, and more from warrantless invasions?
Click here for transcript.
Oliver v. United States
Hester v. United States

Nov 20, 2023 • 3min
Season 3 Teaser
Season 3 of Bound By Oath is coming soon!
Click here for transcript.

Mar 16, 2022 • 1h 32min
State Remedies | SEASON 2, EP. 11
Exploring the shift towards using state law to hold government accountable, cases of reckless driving and wrongful death, state constitutional rights and civil rights actions, state remedies and the doctrine of sovereign immunity, advantages and disadvantages of state court vs federal court, a case of mistaken identity and injustice, the duty to withdraw an arrest warrant and qualified immunity, the importance of state-level legislation for civil rights enforcement.

Nov 10, 2021 • 46min
Prosecutors, Perjurers, and Other Non-Persons — Part 2 | Season 2, Ep. 10
The podcast explores the Supreme Court case Briscoe v. LaHue and the absolute immunity granted to government officials who commit perjury. It delves into the trial of Carlisle Briscoe and the debate over perjury at trial. The concept of defamation immunity and malicious prosecution is also explored, along with the issue of perjury by government officials and the lack of a meaningful remedy. The podcast also discusses the lack of independence in disciplinary committees within prisons and the inconsistency among circuits regarding immunity for non-judicial decision makers.

Nov 5, 2021 • 59min
Prosecutors, Perjurers, and Other Non-Persons — Part 1 | Season 2, Ep. 10
This podcast episode explores the case of Charles Rehberg, who faced false criminal charges made up by a rogue prosecutor. It delves into the doctrine of absolute prosecutorial immunity, the discovery of financial misconduct in a nonprofit hospital, political favoritism, coercion, surveillance, legal troubles faced by falsely indicted individuals, and the conduct of the DA's office including perjury.

4 snips
Sep 2, 2021 • 57min
Closing the Courthouse Doors | Season 2, Ep. 9
In this episode, the podcast discusses developments in the courts and Congress, updates on the Brownback v. King case, exciting new Supreme Court cases, and recent decisions granting absolute immunity to federal officials in multiple states. The podcast explores the case of James King, the legal implications of qualified immunity, challenges in suing federal officers, erosion of civil rights jurisprudence, the Taylor v. Rios case, and the need for qualified immunity reform by the Supreme Court.

11 snips
Aug 13, 2021 • 1h 2min
Persons Who Are Not “Persons” | Season 2, Ep. 8
This podcast explores the concept of absolute immunity for government officials, focusing on legislators and judges. It discusses the history and implications of this immunity, including examples of corrupt conduct. The podcast also examines a lawsuit against a judge accused of steering court business and unconstitutional policies resulting in wrongful imprisonment. It delves into the arguments for and against subjecting judges to lawsuits and hints at future discussions on absolute immunity for prosecutors and government officials.

Jun 21, 2021 • 1h 2min
The Shooting of Bobby Moore — Part 2 | Season 2, Ep. 7
Exploring the high standard for plaintiffs to sue local governments in federal court for constitutional violations since 1871. Examining whether Sylvia Perkins has enough evidence to hold the Little Rock Police Department accountable. Discussing the Sherman Amendment and the origins of holding municipalities liable for the actions of the Ku Klux Klan. Analyzing an anomaly in Supreme Court decisions regarding segregation in public schools and suing cities for damages. Examining challenges in suing federal or state governments for constitutional violations. Doubts surrounding the investigation into Bobby Moore's shooting and comparisons to other incidents of police shootings. Examining incidents of police brutality in Euclid, Ohio, and the need for clarification on qualified immunity for cities.