Bound By Oath by IJ
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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 j...
Nýlegir þættir
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Indian Country | Season 3, Ep. 14
In our final episode of the season, we head to Indian Country and survey several strands of Supreme Court precedent that prevent Native Americans from...
Neat Takings Tricks | Season 3, Ep. 13
The Fifth Amendment says that the government must pay just compensation when it takes private property for public use, a command that, regrettably, i...
Trust But Verify | Season 3, Ep. 12
In 1973, federal narcotics agents raided a pair of homes in Collinsville, Illinois by mistake. They didn't find any drugs, but they did terrorize two...
Everything You Eat, Drink, and Wear | Season 3, Ep. 11
Government officials must obtain a warrant before forcibly entering a home (absent consent or an emergency). That rule goes back to the Founding. But...
Special Weapons and Tactics | Season 3, Ep. 10
In 2020, a police SWAT team blew up Vicki Baker's house after a fugitive barricaded himself inside. On this episode, we ask: who pays the tab when the...
Punishment Without Crime | Season 3, Ep. 9
Civil forfeiture is a civil rights nightmare, allowing police and prosecutors to seize billions of dollars’ worth of property annually—cash, cars, hou...
Public Purpose | Season 3, Ep. 8
In 2005, in the case of Kelo v. New London, the Supreme Court allowed officials to seize and raze an entire neighborhood of well-maintained homes and...
The Despotic Power | Season 3, Ep. 7
On this episode: Berman v. Parker, the Supreme Court's decision in 1954 to abandon previous constitutional limits on the government's power to take pr...
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.
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 s...
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...
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 S...
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...
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...
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.
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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 civ...
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 charg...
Closing the Courthouse Doors | Season 2, Ep. 9
On this episode, we take stock of developments in the courts and in Congress since this season began. There's an update on the first case we talked ab...
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 b...
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...
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...
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, w...
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...
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...
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...
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...
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 w...
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.
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...
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...
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 th...
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...
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 episod...
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...
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 navigab...
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-prot...
The Fight for the 14th | Episode 2
At the close of the Civil War, some 4 million slaves became free. But almost immediately after hostilities ceased, leaders in the ex-Confederate state...
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 Am...