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Bound By Oath by IJ

by Institute for Justice
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Latest episodes

  • Younger Abstention

    September 4, 2026 · 1 hr 11 min

    In 1966, Los Angeles officials tried to put a man in prison for handing out leaflets in protest of a fatal police shooting. Today, we know the case as Younger v. Harris, which kicked off the doctrine of Younger abstention, the bane of many…

  • Oath or Affirmation. And Treason.

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    On this episode, we recover a lost part of the Fourth Amendment that the Supreme Court essentially erased in 1960. In the case of Jones v. United States, the Court ignored text, history, and tradition, and disfigured the Warrant Clause…

  • Needless Friction. And Treason.

    May 29, 2026

    On this episode: the story of Pullman abstention, the first of several abstention doctrines the Supreme Court invented to let federal judges decline to decide cases that they have jurisdiction to decide. Click here for…

  • Punishment Without Crime

    August 30, 2024 · 1 hr 14 min

    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…

  • Public Purpose

    June 21, 2024 · 1 hr 5 min

    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…

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  • The Despotic Power

    June 7, 2024

    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…

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    April 26, 2024 · 45 min

    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

  • The Blessings of Quiet Seclusion

    April 5, 2024 · 1 hr 2 min

    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…

  • A Pig in a Parlor

    February 16, 2024 · 53 min

    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…

  • A Lost World

    January 19, 2024 · 37 min

    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…

  • Groping in a Fog

    December 21, 2023 · 1 hr 12 min

    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…

  • Mr. Thornton's Woods

    December 8, 2023 · 1 hr 6 min

    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…

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About the show

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.