The EDU101’s Podcast

Is Same-sex Marriage Protected by the Fourteenth Amendment to the U.S. Constitution? Supreme Court Justice Anthony Kennedy holds that marriage is a fundamental right, and bans on same-sex marriage are unconstitutional under the Due Process and Equal Protection Clauses of the Fourteenth Amendment. Supreme Court Chief Justice John Roberts argues that there is no place for the Court, as unelected lawyers, to make the determination of what defines "marriage," as that is the job of the legislature and not the judiciary.

Does the Constitution's Commerce Clause Allow Congress to Require Uninsured Individuals to Buy Health Insurance? This episode explores the constitutional debate surrounding the Affordable Care Act's (ACA) individual mandate, specifically whether the Commerce Clause empowers Congress to require individuals to purchase health insurance.  Justice Ruth Bader Ginsburg argues that, under existing Supreme Court interpretations of the Constitution's Commerce Clause, Congress has the constitutional authority to require uninsured Americans to buy health insurance or pay a penalty. Chief Justice John G. Roberts, Jr., argues that a federal mandate to buy a service or product exceeds Congress's power under the Commerce Clause.

Does the Fourth Amendment Prohibit the Police from Collecting a DNA Sample from a Person Arrested But Not Yet Convicted on Felony Charges? This podcast explores whether the Fourth Amendment prohibits collecting DNA samples from individuals arrested but not yet convicted of a felony. It presents excerpts discussing the Supreme Court case Maryland v. King, focusing on the majority opinion by Justice Anthony Kennedy and the dissenting opinion by Justice Antonin Scalia.

Should U.S. Citizens Who Are Declared to Be "Enemy Combatants" Be Able to Contest Their Detention before a Judge? Supreme Court Justice Sandra Day O'Connor ruled that the Authorization for Use of Military Force, passed by Congress, does not authorize the indefinite detention of a person found to be an "enemy combatant." Justice Clarence Thomas believes that the detention of an "enemy combatant" is permitted under the federal government's war powers. 

Is It Constitutional to Open a Town Meeting with a Prayer? This episode explores the constitutionality of opening town meetings with prayer, a debate highlighted by differing Supreme Court opinions in Town of Greece v. Galloway (2014). Supreme Court Justice Anthony Kennedy, writing for the Majority, affirms the right of local government bodies to hold a prayer prior to conducting official business, maintaining that the history of the United States is consistent with such a practice, and thus, the Establishment Clause is not implicated. Supreme Court Justice Elena Kagan, dissenting from the Court's opinion, argues that prayer prior to local town meetings is a violation of the Establishment Clause of the Constitution and is materially different from prayer held in other governmental forums, which had been previously upheld by the Court.

Are Race-Conscious Public University Admissions Policies Permitted Under the Fourteenth Amendment? This episode explores the complex legal question of whether race-conscious admissions policies in public universities are permissible under the Fourteenth Amendment. It presents two opposing viewpoints from a Supreme Court case, Fisher v. University of Texas at Austin II. 

Does a Facebook Poster Need More Than "General Intent" for a Post to Be Considered a "True Threat" and Punishable Under Criminal Law? This episode explores the complex question of what constitutes a "true threat" under criminal law, specifically in the context of Facebook posts, as examined in the landmark Supreme Court case Elonis v. United States. Supreme Court Chief Justice John Roberts holds that more than a general-intent standard is required to hold a Facebook poster criminally liable for the contents of the post. Supreme Court Justice Samuel Anthony Alito argues that the majority is unclear as to the state of mind necessary for someone posting a threat on Facebook to be criminally liable for a "true threat."

Is There a Constitutional Right to Possess a Firearm for Private Use? This source delves into the significant debate surrounding the constitutional right to possess a firearm for private use, specifically through the lens of the landmark 2008 Supreme Court case, District of Columbia v. Heller. Supreme Court Justice Antonin Scalia argues that the Second Amendment protects the right of a private citizen to own a handgun for self-defense. Supreme Court Justice John Paul Stevens argues that a previous case, United States v. Miller, held that the Second Amendment did not protect the right of a private citizen to own a handgun for self-defense.

Is a Dog Sniffing for Drugs Outside a Home a Search Prohibited by the Fourth Amendment? This episode explores whether a drug-sniffing dog's presence outside a home constitutes an unreasonable search under the Fourth Amendment, drawing heavily on the Supreme Court case Florida v. Jardines. Supreme Court Justice Antonin Scalia finds that it is a search and a violation of the Fourth Amendment when police obtain evidence by allowing a trained dog to physically enter and occupy an area outside a home in which permission has not been obtained from the home owner. Supreme Court Justice Samuel Anthony Alito disagrees that there was a trespass here or that the dog sniff could be considered an invasion of any reasonable expectation of privacy, given that one can expect that odors will float outside of a house.

This chapter from "Invitation to Law & Society" explores the complex relationship between societal structures and legal systems, arguing that law is not a transcendent, universal concept, but rather a social product that evolves in tandem with economic and cultural conditions. It examines how thinkers like Max Weber, Henry Maine, and Émile Durkheim theorized the co-evolution of law and society, highlighting the shift from traditional to rational law and from status-based to contract-based legal frameworks. The text also scrutinizes how economic forces shape legal systems and the legal profession, with Karl Marx's materialist perspective influencing analyses of issues like the criminalization of poverty. Finally, it addresses the culture of control in modern societies, discussing the rise of surveillance and mass incarceration, and challenges conventional definitions of law by exploring both formal and informal mechanisms of social control across diverse communities.