Unenumerated Rights

Unenumerated Rights

Author: Leah Litman Melissa Murray Kate Shaw February 20, 2021 Duration: 11:44
We do a deep dive into unenumerated rights-- where do they come from? Why do they get such a bad rap? How do we know when an unenumerated right is entitled to the most robust constitutional protections?

Hosted by constitutional law professors and scholars Leah Litman, Melissa Murray, and Kate Shaw, Irrational Basis Review digs into the landmark cases that shape American legal education and governance. This isn't just a dry recitation of precedent; it's a series of engaging, detailed conversations that unpack the historical context and lasting implications of the decisions every first-year law student encounters. The hosts bring their distinct expertise and perspectives to each episode, making complex legal concepts accessible without sacrificing depth. Whether you're an educator preparing for class, a student grappling with the material, or simply a curious citizen wanting to understand the foundations of constitutional law, this podcast offers a compelling and substantive resource. You'll hear thoughtful analysis on everything from the structure of government to pivotal rights-based rulings, all framed with clarity and a genuine enthusiasm for the subject. Produced by Melody Rowell, the series lives up to its name by being thoroughly and rationally dedicated to its legitimate educational purpose, providing listeners with the intellectual tools to critically examine the judiciary's role in society. Tune in for a consistently insightful exploration of how the law's past continuously informs our present.
Author: Language: English Episodes: 16

Irrational Basis Review
Podcast Episodes
Appointment & Removal [not-audio_url] [/not-audio_url]

Duration: 13:08
Welcome to season 2 of Irrational Basis Review! We're kicking things off with an overview of Article II of the Constitution and the President's power to appoint officers and remove them.
Sex, Gender, & the Constitution [not-audio_url] [/not-audio_url]

Duration: 19:26
Join us for a deep dive into the Fourteenth Amendment's relationship to sex and gender. Even though Abigail Adams implored her husband John to "remember the ladies" when helping to draft the Constitution, the original te…
Race Conscious Remedies [not-audio_url] [/not-audio_url]

Duration: 18:22
In Korematsu v. United States, the Supreme Court said that laws that distinguish between people on the basis of race are subject to strict scrutiny. And it purportedly applied that standard in Brown v. Board of Education…
Incorporation Doctrine [not-audio_url] [/not-audio_url]

Duration: 12:56
When first adopted, the Bill of Rights only applied to the federal government -- not state governments. But in the early twentieth century, the Supreme Court began to rule that the rights enumerated in the Bill of Rights…
Law School 101 [not-audio_url] [/not-audio_url]

Duration: 41:30
Whether you're just starting law school or need some extra inspiration to help you continue, this conversation is here to help. We're joined by Lindsay Kendrick, Dean of Students and the Assistant Dean for Diversity and…
Animus [not-audio_url] [/not-audio_url]

Duration: 18:42
What happens when rational basis gets bitten by a radioactive animus spider? It becomes super-powered and invalidates a range of discriminatory conduct. Where did this toothier form of rational basis come from? And which…
Carolene Products: Footnote 4 [not-audio_url] [/not-audio_url]

Duration: 13:46
Start your study of individual rights on the right foot(note) with this discussion of Con Law’s most famous footnote and the tiers of scrutiny that it spawned.
State Action [not-audio_url] [/not-audio_url]

Duration: 9:36
A quick, handy guide to the state action doctrine.
Congress’s Section 5 Power [not-audio_url] [/not-audio_url]

Duration: 11:41
A deeper dive of Congress’s power to enact legislation pursuant to the Fourteenth Amendment.
Commerce Clause Jurisprudence [not-audio_url] [/not-audio_url]

Duration: 24:18
A rollicking ride covering the Court’s Commerce Clause jurisprudence from Gibbons v. Ogden, to the Gilded Age, to the New Deal, to the present.