
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

Jun 18, 2021 • 45min
The Shooting of Bobby Moore — Part 1 | Season 2, Ep. 7
This podcast explores the shooting of Bobby Moore by a police officer, the questionable actions of other officers, and the subsequent legal actions taken against them. It delves into the consequences of the guilty verdict, including the refusal of payment and the lawsuit against the city. The podcast also discusses the work of a law clinic supporting small business owners, law reform, and the challenges faced by a former inmate turned entrepreneur. It highlights criteria for holding the city liable and exposes the lack of accountability in law enforcement training, as well as the troubled history and misconduct of officers within the police department.

Apr 5, 2021 • 60min
Pierson to Pearson | Season 2, Ep. 6
This podcast explores the evolution of qualified immunity in the US, tracing its development from 1967 to its current form. It discusses the impact of the Warren Court on constitutional rights and the invention of qualified immunity. It also highlights a case involving the arrest of civil rights activists and the introduction of qualified immunity. The podcast delves into the development of precedent, the threat to officer accountability, a controversial police raid and shooting, and the issue of deceit and lying in American policing.

Mar 1, 2021 • 1h 10min
Under Color of Law | Season 2, Ep. 5
In this podcast, we learn about the landmark case of Monroe v. Pape which opened federal courthouses to victims of unconstitutional misconduct. Personal stories are shared about a police raid in Chicago in 1958. The podcast also discusses the historical impact of Section 1983, a law passed to enforce the 14th Amendment. It explores other cases such as the unconstitutional ordinance targeting Chinese immigrants and the case of Screws versus United States which dealt with state officials violating constitutional rights. The podcast debunks the myth of Monroe's misinterpretation of color of state law.

Jan 28, 2021 • 1h 4min
Outrage Legislation | Season 2, Ep. 4
Explore the origins of Section 1983, a civil rights law empowering citizens to hold state and local officials accountable for unconstitutional conduct. Delve into the historical context, the Ku Klux Klan Act, and the challenges faced by African Americans. Learn about President Grant's initial reluctance and the creation of civil remedies for constitutional rights violations. Discover the limited usage of Section 1983, challenges in prosecuting the Ku Klux Klan, and the response of white supremacists to federal authority.

Dec 28, 2020 • 1h 9min
The Bubble | Season 2, Ep. 3
This podcast explores the shocking and inhumane conditions in a Florida jail, the concept of qualified immunity, the lack of legal precedents in cases of excessive force and recording the police, the experiences of an inmate facing inhumane conditions and attempting suicide, the inconsistencies in the application of qualified immunity, the unsanitary conditions in jails and prisons, and the court's concerns regarding floodgates of litigation and recognizing a bivens cause of action.

Dec 14, 2020 • 1h 5min
Death By a Thousand Cuts | Season 2, Ep. 2
The podcast explores the difficulties victims of government misconduct face in suing federal officials for violating their constitutional rights. It discusses the limitations of the Constitution and immunity doctrines, the challenges in seeking remedies through legal cases, and the changing relationship between state and federal courts. The speaker also shares their personal experience of being harassed by the Bureau of Land Management despite winning their trial. The podcast examines the history and controversy of the Bivens action and the Supreme Court's failure to address remedies for federal court cases.

Nov 25, 2020 • 38min
They’re Going to Kill This Man | Season 2, Ep. 1
Season 2 of the podcast explores the difficulties in suing government officials who violate the Constitution. It focuses on the case of James King, a college student who was beaten by mistaken identity. The podcast discusses the lack of accountability for officers, the consequences of evidence destruction, and the dismissals and mischaracterizations of James' claims. It also delves into legal claims, immunity doctrine, and the changing role of courts in adjudicating constitutional violations.

Nov 23, 2020 • 3min
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.
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Feb 20, 2020 • 1h 3min
Episode 9 – Excessive Fines
This podcast episode explores the Supreme Court's interpretation of the Excessive Fines Clause, its application to the states, and the history of excessive fines. They discuss cases of exorbitant fines for minor infractions, the cycle of debt and fines, the Chicago Burlington and Quincy railroad case, the criminal prosecution of left-wing radicals, a journey through addiction and consequences, rehabilitation and civil forfeiture, excessive fees and fines in the criminal justice system, and the incorporation of rights.

Jan 16, 2020 • 46min
Special Episode: Espinoza v. Montana Dept. of Revenue
Explore the case of Espinoza v. Montana Dept. of Revenue and the debate surrounding school choice and religious options in education. Learn about the history of Blaine Amendments and their impact on the American education system. Discover the outcomes of different high schools on civic engagement and success. Delve into the Catholic experience in America and how it can inform Europe's approach to its Islamic minority group.