Bound By Oath by IJ

Institute for Justice
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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 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.

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  1. EPISODE 1

    Mr. Thornton's Woods

    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

    1h 6m

  2. EPISODE 2

    Groping in a Fog

    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 alike were being swallowed up by “suddenly yawning chasms.” State legislators responded by unanimously passing a law meant to save the region, where about a million people lived, from total desolation. But when the law reached the Supreme Court, the justices struck it down, ruling that it would be an unconstitutional “regulatory taking” to force coal companies to leave their coal in the ground. On this episode, we go to nearby Pittston, Pennsylvania to find out what happened to the house at the center of the case. Did it—or Scranton—fall into the pits? After that, we trace the major developments in regulatory takings doctrine, which protect against regulations that go “too far.” But we wind up in a bit of a fog. Plus! This episode will have an unsolved murder—and some Supreme Court trivia: did you know a future Supreme Court justice argued the case on behalf of Scranton (at least in state court)? Click here for transcript. Pennsylvania Coal v. Mahon Penn Central v. New York City

    1h 12m

  3. EPISODE 3

    A Lost World

    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.

    37 min

  4. EPISODE 4

    A Pig in a Parlor

    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 power to tell people what they can and cannot do with their own private property. On this episode: the story of the lawsuit that changed everything for American property rights plus the personalities who made it happen. Click here for episode transcript. Euclid v. Ambler (Supreme Court opinion) Ambler v. Euclid (district court opinion) Nectow v. Cambridge

    53 min

  5. EPISODE 5

    The Blessings of Quiet Seclusion

    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 state courts and state constitutions. Most famously, in 1975, the New Jersey Supreme Court took a look at a zoning ordinance that made it illegal to build low- and moderate-income housing in the township of Mount Laurel and said in no uncertain terms: enough. But the story of the Mount Laurel doctrine, which calls for municipalities to do their fair share to meet the regional demand for affordable housing, is not all milk and honey. Additionally, we take a look at some current efforts in other states to protect property rights under state constitutions. Click here for Open Fields Conference Click here for episode transcript. Mount Laurel I (1975) and Mount Laurel II (1983) Warth v. Seldin Belle Terre v. Boraas

    1h 2m

  6. EPISODE 6

    This is Mine

    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. Click here for episode transcript. Tyler v. Hennepin County

    45 min

  7. EPISODE 7

    The Despotic Power

    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 property from Person A to give it to Person B. The decision greenlit the era of urban renewal, which saw over a thousand cities across the country seize and bulldoze entire neighborhoods en masse. Click here for episode transcript. Berman v. Parker Schneider v. D.C.

  8. EPISODE 8

    Public Purpose

    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 businesses in the hopes that someone else could build fancier homes and businesses. According to the dissenters, the majority's opinion effectively deleted the provision of the U.S. Constitution requiring that takings be for a "public use." On this episode, we ask: what, if anything, is left of the prohibition on using eminent domain to take property from Person A merely to give it to Person B? And we look at some current litigation that can restore traditional limits on the government's power of eminent domain. Click here for transcript. Kelo v. New London Hawai'i Housing Authority v. Midkiff

    1h 5m

  9. EPISODE 9

    Punishment Without Crime

    Civil forfeiture is a civil rights nightmare, allowing police and prosecutors to seize billions of dollars’ worth of property annually—cash, cars, houses, bank accounts, and more—without charging anyone with a crime, let alone obtaining a conviction. On this episode, we trace the rise of the modern forfeiture regime in the 1970s and 80s, and we look at forfeiture's historic roots. Click here for episode transcript. Miller v. United States The Palmyra Bennis v. Michigan

    1h 14m

  10. SEASON 3 TRAILER

    Season 3 Teaser

    Season 3 of Bound By Oath is coming soon! Click here for transcript.

    3 min
See All Season 3 (10)

Trailer

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About

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.

Information

  • Creator
    Institute for Justice
  • Episodes
    34
  • Seasons
    3
  • Rating
    Clean
  • Copyright
    © All rights reserved
  • Show Website
    Bound By Oath by IJ

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