Elizabeth Jo

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2,299 appearances 6 recordings 1 series first heard Jun 2025 last heard 27 Mar

Elizabeth Jo’s voice in public audio — every appearance, attributed to the second.

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Recordings per month over the last 12 months — 4 in all, peaking in Mar 2026 with 1.

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99% Invisible · Constitution Breakdown #1: Nikole Hannah-Jones · 25 Jul 2025 podcast

And

That was the end of that.

And so what we have after nineteen oh five is really no one really pays that much attention in terms of legal scholarship or, you know, as an argument in court, lawyers don't refer to the preamble as a way of advancing cases because of the Jacobson case.

I guess so.

I mean, in a way, it's too bad because it has a lot of these open ended phrases, as we were talking about earlier, that really could be the basis for a lot of change, positive change in society.

But the court essentially decided very early in the twentieth century, nope, you have to look elsewhere in the constitution if you want to make those kinds of changes.

Well, that's kind of the irony, right?

And that is what do we really want from the preamble?

You know, we talk about the fact that this is, you know, dismissed as a source for Dred Scott to advance his arguments.

Um in eighteen fifty seven.

But if you think about it, you know, I think everybody today would say Dred Scott is a terrible case.

Dred Scott should have won.

The court should have recognized him as a citizen of the United States.

You know, the preamble should have con been one of the reasons to confer or to recognize rights for him.

But

That sits uncomfortably with this idea of a guy like Jacobson, right?

Because if the preamble had been a source of rights, well maybe this early twentieth century anti-vaxxer would have won his case.

Right.

And that kind of shows us the complication of saying these are sources that we should turn to or advocate that the court should use as a way of um advancing the law, of recognizing individuals' rights.

It kind of shows how complicated these issues can be.

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