Bound By Oath by IJ

By Institute for JusticeGovernment

Bound By Oath by IJ episodes

December 28, 2020 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 sued over the overcrowding, abusive treatment, and denial of basic sanitation, the courts ruled that the officer in charge was immune from suit. On this episode, we explore the state of qualified immunity doctrine today and whether the Supreme Court’s justifications for its policy of shielding officials from suit—even when they have violated the Constitution—hold water.
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1 hr 10 min
December 14, 2020 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 are federal, state, or local government employees. On Episode 2, we look at federal officials. We’ll head out to Wyoming where a rancher subjected to a 12-year campaign of harassment found out the hard way that all too often the Constitution simply isn’t enforceable against federal officials.
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1 hr 6 min
November 25, 2020 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 who looked nothing like him. The officers had James prosecuted for resisting arrest, which a jury quickly threw out. Then, in 2015, he sued the officers for violating his rights. In 2020, James’ suit reached the U.S. Supreme Court, where the question the Court faced was a narrow one: Can he even sue the officers in the first place?
On Season 2 of Bound By Oath, we’ll explore why it is so hard to sue government officials who violate the Constitution.
Click here for transcript.
Click for Apple Podcasts, Spotify, Google Podcasts, TuneIn, and Stitcher.
39 min
November 23, 2020 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.
Click for Apple Podcasts, Spotify, Google Podcasts, TuneIn, and Stitcher.
4 min
February 20, 2020 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 the Supreme Court has only recently begun to interpret what the Excessive Fines Clause means, and it wasn't until 2019 that the Court said the Clause applies to the states.
On this episode: the story of how the Supreme Court finally began to incorporate the Bill of Rights rights against the states and the history of excessive fines.
1 hr 4 min
February 20, 2020 Ep 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 the Supreme Court has only recently begun to interpret what the Excessive Fines Clause means, and it wasn't until 2019 that the Court said the Clause applies to the states.
On this episode: the story of how the Supreme Court finally began to incorporate the Bill of Rights rights against the states and the history of excessive fines.
1 hr 4 min
January 16, 2020 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 choice program that allowed families to send their children to private schools, including religious ones. The Montana Supreme Court said the program violated the state’s Blaine Amendment, a relic of 19th-century anti-Catholic hysteria that lives on today in 37 states constitutions, and struck the program down in 2018. The U.S. Supreme Court, however, will consider whether discriminating against religious options violates the First Amendment. On this podcast, we take a look at the history of Blaine Amendments, school choice, and one-size-fits-all schooling.
47 min
January 16, 2020 Special Episode - Espinoza v. Montana
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 choice program that allowed families to send their children to private schools, including religious ones. The Montana Supreme Court said the program violated the state’s Blaine Amendment, a relic of 19th-century anti-Catholic hysteria that lives on today in 37 states constitutions, and struck the program down in 2018. The U.S. Supreme Court, however, will consider whether discriminating against religious options violates the First Amendment. On this podcast, we take a look at the history of Blaine Amendments, school choice, and one-size-fits-all schooling.
https://ij.org/case/montana-school-choice/
47 min
November 15, 2019 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 the Supreme Court, that’s not all that due process requires. The government also must have a good reason to take life, liberty, or property. On this episode, we head to Akron, Ohio where city officials have shut down a privately run homeless community—without a good reason.
1 hr 5 min
November 15, 2019 Ep 8 - Substantive Due Process
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 the Supreme Court, that’s not all that due process requires. The government also must have a good reason to take life, liberty, or property. On this episode, we head to Akron, Ohio where city officials have shut down a privately run homeless community—without a good reason.
1 hr 5 min

About Bound By Oath by IJ

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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.…