Timbs v. Indiana and the ISIS Ambassador Bride

The Politics Guys

Michael Baranowski

Politics, News

4.4 • 783 Ratings

🗓️ 27 February 2019

⏱️ 32 minutes

🔗️ Recording | iTunes | RSS

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Summary

This week Trey is joined by Ken and they continue examining questions of constitutional significance. First, Trey reviews the history of incorporation before asking Ken to discuss the implications of the history-making Timbs v Indiana, where the Supreme Court incorporated the excessive fines prohibition of the Eighth Amendment. Next, Trey turns to the question of citizenship and the pending case of Hoda Muthana. Hoda, a woman who joined ISIS and now wants to return to the U.S.. The case allows Trey and Ken to talk about birthright citizenship, the politics of the right of return, and more generally citizenship and treason. Listener support helps make The Politics Guys possible. If you’re interested in supporting the show, go to patreon.com/politicsguys or politicsguys.com/support. Support this podcast at — https://redcircle.com/the-politics-guys/donationsAdvertising Inquiries: https://redcircle.com/brandsPrivacy & Opt-Out: https://redcircle.com/privacy Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0	atheist agnostics, long-haired winters, short-haired winters, vand-rolls,
0:05.5	I'm the government, hug the government, hug the government, love, the government,
0:09.5	hug the government, love, the government, hug the government, love, the government.
0:13.4	Welcome to the politics, guys, a place for bipartisan, rational, and civil debate on
0:17.8	American politics and policy.
0:19.7	I'm Trey Ornorf, a political scientist at Oklahoma Christian University, and I'm joined for our
0:24.9	midweek show by Ken Katkin, a professor of law at Chase School of Law in northern Kentucky.
0:32.0	Welcome to the midweek show, Ken.
0:33.7	Thanks, Trey.
0:34.1	It's great to be back again.
0:35.4	Yeah, I mean, my guess is at some point you're going to get tired of hearing me. I don't know.
0:41.6	So on the weekend show, on Saturday, Ken and I, we had a number of court cases and constitutional law issues. And if you haven't heard that show, I highly recommend that you go back and take a listen to that. It was a lot of fun.
0:55.3	And if you enjoyed that, you're going to love today's show because we actually kind of want to pick up with this past
1:02.9	weeks some of the really big court cases that are occurring, one that's finished and one that's in process.
1:10.7	And I want to start, Ken, by talking about
1:13.7	Tim's versus Indiana. And so for listeners who may or may not be in on this, this case is about
1:22.6	incorporation. And what that means is, so once upon a time when the Constitution was written,
1:29.8	and then the Bill of Rights are added as a result to get the Constitution passed, it's a
1:35.7	concession to anti-federalists. And the purpose of the Bill of Rights was to restrict the
1:43.2	national government's ability to interfere with
1:46.7	citizens' rights, because that's what the worry was. So actually, your Bill of Rights, they
1:51.1	didn't apply to what happened at the state level. So that didn't apply to the state legislature
	...

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