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
Needless Friction. And Treason.
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 […]
Listen NowRooker and Feldman and Treason | Season 4, Ep. 1
Next week, the Supreme Court is going to hear a huge civil rights case that no one is talking about—because the legal issue before the […]
Listen NowIndian Country | Season 3, Ep. 14
In our final episode of the season, we head to Indian Country and survey several strands of Supreme Court precedent that prevent Native Americans from […]
Listen NowNeat Takings Tricks | Season 3, Ep. 13
The Fifth Amendment says that the government must pay just compensation when it takes private property for public use, a command that, regrettably, is often […]
Listen Now