The Civil War and its aftermath were a turning point in American history. Starting near the end of the war and then continuing during Reconstruction, Congress set to work drafting three constitutional amendments that would fundamentally alter our founding document. The Thirteenth, Fourteenth, and Fifteenth amendments, collectively known as the Reconstruction Amendments, aimed to protect the liberties that had previously been denied in much of the country. Together, these amendments abolished slavery, established the rights to due process and equal protection, and banned racial discrimination in voting laws.
Today, the Reconstruction Amendments remain at the heart of some of our most contentious legal controversies: Does equal protection mandate equality of outcome or equality of opportunity? To what extent does due process carry with it substantive rights of personal autonomy? And do the “privileges or immunities” guaranteed to all citizens encompass a broader set of rights than courts have been willing to protect?
To help us answer these questions, it is crucial to understand what those who drafted, debated, and ratified the Reconstruction Amendments thought and said. University of Richmond law professor Kurt Lash’s epic two‐volume work is the most comprehensive source ever compiled of the key speeches, debates, and public dialogues that accompanied the drafting and ratification of these amendments. In this book forum, Professor Lash will comment on his work and the importance of primary historical sources to constitutional study. Professors Christopher Green and Richard Primus will also offer their thoughts on the work and its implications.
See acast.com/privacy for privacy and opt-out information.
Flere episoder fra "Cato Event Podcast"
Why, as a Muslim, I Defend Liberty
57:03Some prominent interpretations of Islam, the second‐largest religion in the world, defy human freedom by calling for the punishment of apostates and blasphemers, the imposition of religious practices, or discrimination against women and minorities. In his new book published by libertarianism.org, Why, as a Muslim, I Defend Liberty, Cato Institute senior fellow Mustafa Akyol offers a nuanced critique of these problems by acknowledging their roots in the religious tradition. Yet he also shows that there are strong grounds in the same religious tradition to defend freedom of speech and religion and to harmonize Islam with liberal democracy, the market economy, and a peaceful world order. He also reminds us that liberty isn’t merely a Western idea but a universal value also long cherished by Islamic liberals.Akyol will have a conversation with Prof. Vali Nasr about the main themes in his book, which Nasr defined as “a must‐read for Muslims and non‐Muslims.” We hope you will join us for this important discussion and look forward to your engaging questions. See acast.com/privacy for privacy and opt-out information.
COVID and the Constitution: Jacobson, Lochner, Mandates, and Lockdowns
58:47In 1905, the Supreme Court rendered two landmark decisions on the scope of individual liberty: Jacobson v. Massachusetts and Lochner v. New York. Jacobson’s broad deference to public health authority lived side by side with Lochner’s broader conception of economic liberty. While the restrictive precedent, Jacobson, now governs all pandemic response, Lochner is no longer available as a check, having been thrown in the dustbin of legal history. Judges follow a variant of Jacobson that’s far removed from the actual decision to resolve disputes over religious freedom, abortion, gun rights, voting, and more. Over the course of a century, four prominent justices established the irrepressible myth of Jacobson v. Massachusetts.At a time when state police power has imposed unprecedented limits on individuals’ ability to provide for themselves, Lochner should be brought out of lockdown. The rationales for Lochner’s subsequent disavowal by the Court are largely inapplicable to the COVID-19 situation. Shutdown orders and the like have an economic effect but are not economic policy. They may be one of the broadest assertions of sovereign authority in peacetime, but we lack the constitutional language to deal with the potential danger to liberty implicated by such measures. Please join Josh Blackman and Eugene Kontorovich to discuss their recent work in this area, with commentary by Wendy Mariner. See acast.com/privacy for privacy and opt-out information.
Sphere Resource Launch: Bringing Human Progress to Your Classroom
30:54Developed by Sphere alumnus and AP world history teacher Sean Kinnard, these dynamic lessons easily bring to life the story of human progress in your classroom. Suitable for multiple subject areas and grade levels, these easily adapted resources cover such topics as the industrial revolution, famine and agriculture, innovation, comparative world history, and the growth of human flourishing and prosperity. These lessons represent the initial launch of Sphere’s goal to develop classroom resources that help support you as a teacher in your effort to bring civic culture to the classroom. In this webinar, you will also learn more about what’s in the development pipeline and exciting updates about Sphere Summit 2022. See acast.com/privacy for privacy and opt-out information.
Happier and Healthier–Arizona’s Success with Free Markets
56:45The Cato Institute is pleased to welcome Arizona governor Doug Ducey to the F. A. Hayek Auditorium this Thursday, October 14, from 2–3 p.m. for a panel discussion with Cato senior fellow Dr. Jeffrey Singer. “Happier and Healthier—Arizona’s Success with Free Markets” will explore the state’s leadership in public policies that seek to use free‐market principles to improve the health care outcomes for its residents and how those policies might serve as a model for other states. Arizona has led with introducing first‐in‐the‐nation telehealth reform and first‐in‐the‐nation occupational licensure recognition; making better use of the health care expertise in the state workforce; combating the opioid crisis with proven solutions; and implementing a slate of executive actions that have made it easier to move to Arizona, get to work, access quality health care, and live a productive life. See acast.com/privacy for privacy and opt-out information.
What My Grandparents’ Experience in the Holocaust Taught Me about the First Amendment
1:05:24Freedom of speech and the free exercise of religion are at the heart of liberty. For hundreds of years, people have flocked to the United States to escape religious persecution and censorship. Judge David Stras joins us for a special address, reflecting on how his grandparents’ harrowing experiences during the Holocaust shaped his own beliefs on these precious First Amendment freedoms. Following his address, we will be joined by nationally renowned First Amendment expert Eugene Volokh, himself an immigrant, to discuss these issues as well as the recent rise in anti‐Semitism in the United States. We hope you will join us for this timely discussion and look forward to your engaging questions. See acast.com/privacy for privacy and opt-out information.
The Second Amendment after District of Columbia v. Heller
58:34When the Supreme Court handed down its decision in District of Columbia v. Heller overturning provisions of DC’s gun licensing laws, it set off a wave of legal challenges, policy fights, and legislation across the country. Join prominent legal scholars of the Second Amendment for this interactive conversation as they discuss the Heller ruling and the subsequent legal and legislative fights and provide an overview of where things stand today. This conversation is all the timelier, as the Supreme Court will consider a major new Second Amendment case in the coming term, New York State Rifle & Pistol Association Inc. v. Corlett. See acast.com/privacy for privacy and opt-out information.
Panel IV: Looking Ahead: October Term 2021
1:07:50See acast.com/privacy for privacy and opt-out information.
Panel III: Constitutional Structure
1:14:04See acast.com/privacy for privacy and opt-out information.
Panel II: Property and Criminal Law
1:14:19See acast.com/privacy for privacy and opt-out information.
Panel I: First Amendment
1:25:32See acast.com/privacy for privacy and opt-out information.