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.
Click here for transcript. Click here for Episode 1.
Click for iTunes, Spotify, Google Podcasts, TuneIn, and Stitcher.
Guests
Sage Lewis, The Homeless Charity & Village
Randy Barnett, Georgetown Law
Victoria Nourse, Georgetown Law
Erwin Chemerinsky, Berkeley Law
Lino Graglia, Texas Law
Jeff Rowes, Institute for Justice
Resources
More information on The Homeless Charity v. Akron
No Arbitrary Law: An Originalist Theory of the Due Process of Law, by Randy E. Barnett and Evan D. Bernick
Substantive Due Process, by Erwin Chemerinsky
A Tale of Two Lochners: The Untold History of Substantive Due Process and the Idea of Fundamental Rights, by Victoria F. Nourse
Scrutiny Land, by Randy E. Barnett
Washington v. Glucksberg Was Tragically Wrong, by Erwin Chemerinsky
An Introduction to Constitutional Law: 100 Supreme Court Cases Everyone Should Know, by Randy E. Barnett and Josh Blackman
Recent Episodes
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, houses, bank accounts, and […]
Listen NowPublic 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 […]
Listen NowThe 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 property from […]
Listen NowThis 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 […]
Listen Now