Bound By Oath by IJ

Institute for Justice
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Nov 15, 2019 • 1h 5min

Substantive Due Process | Episode 8

This podcast explores substantive due process and its impact on economic liberty cases, using the example of a homeless encampment in Akron, Ohio. It discusses the legal restrictions faced by the homeless in Akron and the constitutional question surrounding sleeping on public property. The podcast also delves into the distinction between an act and a law, the development of the theory of police power, and how courts assess whether a legislature is acting within its just powers. It emphasizes the importance of establishing economic liberty and private property rights as fundamental rights, using Akron's tent city case and the challenges faced by homeless individuals as examples.
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Aug 23, 2019 • 40min

Incorporation, the Lack Thereof | Episode 7

Explore the concept of incorporation and the initial rejection of applying the Bill of Rights to state and local governments. Analyze the motives behind a controversial ordinance banning open casket funerals in New Orleans. Discuss the significance of the 14th Amendment and resistance to incorporation. Learn about the Pullman Railroad Strike and its impact on workers' rights. Explore the impact of martial law during a strike and the violation of Sixth Amendment rights.
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Jul 5, 2019 • 1h 8min

Procedural Due Process | Episode 6

Explore the history and importance of procedural due process. Learn about the flaws in the money bail system and the need for reform. Discuss the lack of a neutral adjudicator in courtrooms and the confusion surrounding legal procedures. Examine the impact of the Harris County case on the bail system and the need for evidence-based decision making.
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Apr 17, 2019 • 1h 2min

Tangled: The Equal Protection Clause | Episode 5

Explore the history and meaning of the Equal Protection Clause, its interpretation shift, limited enforcement of laws, and how African hair braiders use it to protect their right to earn a living. Also, learn about Supreme Court decisions, the impact of the New Deal era, the famous case and notable Footnote 4, levels of scrutiny in Equal Protection Clause cases, the fight for African hair braiders' rights, and the complexities of seeking equal protection in court.
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Feb 20, 2019 • 40min

The Navigable Waters | Episode 4

This podcast explores the interpretation of the Privileges or Immunities Clause in the United States Constitution, including its history and significant cases. It also discusses the challenges faced by the community in Steheakan and the importance of tourism. Additionally, it delves into the requirements and challenges of operating a ferry on Lake Shlan in Washington and explores the economic opportunities and challenges faced by black individuals in the boating and maritime trade. Lastly, it highlights the historical significance of the right to use navigable waters and its connection to the 14th Amendment's Privileges or Immunities Clause.
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Jan 30, 2019 • 51min

All But Redacted: The Privileges or Immunities Clause | Episode 3

The podcast discusses the Privileges or Immunities Clause of the Fourteenth Amendment and its near redaction from the Constitution. It explores the clash of ideas during Reconstruction, the significance of the Civil Rights Act of 1866, the political landscape in New Orleans, the contamination of water supply, the Slaughterhouse Cases and controversial lawyers, corruption in American politics, and the impact of the Privileges or Immunities Clause on civil rights.
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Dec 19, 2018 • 1h 6min

The Fight for the 14th | Episode 2

The podcast discusses the Black Codes that re-instituted slavery after the Civil War, violence against blacks and Union sympathizers, and the fight for the 14th Amendment. It explores violations of constitutional rights and the role of John Bingham in shaping the amendment. It also delves into the impeachment of President Johnson, secret meetings of the Southern Union League, and the influential role of women in political organizing. The 14th Amendment's impact on African Americans, including the repeal of black codes and the election of African Americans to government positions, is highlighted as well.
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Dec 4, 2018 • 1h 1min

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 federal constitution, you’re usually making a claim under the Fourteenth Amendment. But you can’t fully appreciate the Amendment’s modern significance without delving into its origins. In Episode One, we do just that, but by way of a story you’ve probably never heard before—through the story of a little known American hero named John Rock: It’s February 1, 1865. President Lincoln has just signed the Thirteenth Amendment abolishing slavery. But a crowd of reporters and onlookers have gathered instead at the Supreme Court to witness John Rock, a Boston attorney, sworn in to the Supreme Court bar. The moment was as dramatic and historic as they come; John Rock was the first African-American admitted to argue cases before the Court, and he was sworn in before some of the very same justices who had ruled just a few years earlier in Dred Scott that blacks could never be citizens. Click here for transcript. Click for iTunes, Spotify, Google Podcasts, TuneIn, and Stitcher.

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