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 Exercise Clause of the First Amendment? The Supreme Court said no: The protections in the Bill of Rights did not bind state and local governments. Then in 1868, the Fourteenth Amendment is ratified, and it incorporated the Bill of Rights against the states–or did it? On this episode, the failure of incorporation after Reconstruction.

Click here for transcript. Click here for Episode 1.

Available on iTunesSpotify, Google Podcasts, TuneIn, and Stitcher.

Recent Episodes

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 […]

Read More

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 […]

Read More

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 […]

Read More