Bound By Oath by IJ

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 conviction. On this episode, we trace the rise of the modern forfeiture regime in the 1970s and 80s, and we look at forfeiture's historic roots. Click here for episode transcript. Miller v. United States The Palmyra Bennis v. Michigan

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. According to the dissenters, the majority's opinion effectively deleted the provision of the U.S. Constitution requiring that takings be for a "public use." On this episode, we ask: what, if anything, is left of the prohibition on using eminent domain to take property from Person A merely to give it to Person B? And we look at some current litigation that can restore traditional limits on the government's power of eminent domain. Click here for transcript. Kelo v. New London Hawai'i Housing Authority v. Midkiff

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 renewal, which saw over a thousand cities across the country seize and bulldoze entire neighborhoods en masse. Click here for episode transcript. Berman v. Parker Schneider v. D.C.

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