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.