Trump, the Insurrection Act, and the California National Guard: Democracy Under Threat
In this episode of The Oath and the Office, Corey Brettschneider and John Fugelsang unpack Donald Trump’s unprecedented move to take operational control of the California National Guard. Currently, the official mission is to protect federal buildings and personnel. But Trump has hinted that he may invoke the Insurrection Act to quell protests. That raises serious constitutional red flags—especially as peaceful protesters remain protected under the First Amendment.The episode distinguishes between martial law and the Insurrection Act, clarifying legal limits that Trump may attempt to ignore. Brettschneider also revisits his push for legislative reform of the Act during the Biden administration—a vital effort that failed to gain traction.The conversation then turns to federalism: with states like California resisting Trump’s overreach, the battle over sanctuary cities and states' rights has become a defining front in the struggle to defend democracy.Broadcasting from Finland, Brettschneider shares insights from recent meetings with government officials and academics. Despite ongoing threats from Russia, Finland remains a model of democratic resilience—something increasingly at risk in the U.S.Finally, the episode covers the latest in the Abrego Garcia case: while charges have been filed and extradition enforced, the due process of law remains intact—underscoring what’s at stake in this moment of constitutional crisis.
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53:14
Harvard Law & Holy Wars: Trump’s Attack on Courts, Campuses, and Religious Freedom
Trump’s battles are spreading everywhere: from the Ivy League halls of Harvard to the Supreme Court’s shifting stance on religious liberty. Brettschneider and Fugelsang dive into Trump’s controversial attack on the Harvard Law Review—twisting the Civil Rights Act of 1964 to target student editors—and his shocking showdown with his one-time allies in the Federalist Society. Plus, the Supreme Court might soon allow religious opt-outs from school lessons about LGBTQ+ rights and could even greenlight religious charter schools, eroding the wall between church and state. Get ready for sharp insights and witty analysis in an episode about how Trump’s latest attacks on constitutional freedoms threaten America’s most fundamental freedoms.
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54:55
The War That Didn’t End When We Thought: Michael Vorenberg on Lincoln and Today’s Disinformation
This week on The Oath and The Office, co-hosts Corey Brettschneider and John Fugelsang welcome renowned historian and Lincoln scholar Michael Vorenberg. Best known for his groundbreaking book Final Freedom, which was part of the inspiration for Steven Spielberg’s acclaimed film Lincoln, Vorenberg now challenges the conventional wisdom about when the Civil War truly ended. His latest book, Lincoln’s Peace, argues compellingly that the war didn't conclude neatly at Appomattox in April 1865, but persisted into Andrew Johnson's presidency—shaping American democracy in ways we're still grappling with today.Corey, John, and Michael explore unsettling parallels between Civil War-era disinformation campaigns and the fractured information environment of today, especially around January 6 and ongoing threats to democracy. Vorenberg also offers critical insights into Lincoln's controversial constitutional decisions, including the suspension of habeas corpus, and whether they set troubling precedents for presidential power in modern America.But first, Corey and John break down this week’s critical legal headlines:A federal judge blocks Trump's retaliatory sanctions against law firm WilmerHale.The Supreme Court's troubling debate about ending nationwide injunctions amid arguments on birthright citizenship.A court temporarily halts the Trump administration’s ban on foreign students at Harvard.Subscribe, rate us, and join us each week as we navigate the evolving constitutional crises shaping America’s future.
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1:14:53
Supreme Threats: Melissa Murray on Dobbs, Democracy, and the Future of Abortion Rights
NYU Law Professor and renowned constitutional expert Melissa Murray joins Corey Brettschneider and John Fugelsang on The Oath and The Office for a vital discussion on abortion rights, the Supreme Court, and the health of democracy. Melissa exposes the dangerous myths behind the Supreme Court’s claim that the Dobbs decision simply returns abortion to the states. She warns about the potential for a nationwide abortion ban. Offering powerful insight, she argues persuasively why democracy and the 14th Amendment demand robust protection for reproductive rights. Melissa also shares optimism about the profound constitutional promises that remain—even amidst the current threats. But first, Corey and John unpack recent disturbing attacks on democratic norms:Politicized Justice: Recent criminal charges against a sitting member of Congress raise urgent questions about the weaponization of justice.Venezuelan Deportations: The Supreme Court has temporarily halted controversial mass deportations under the Alien Enemies Act, highlighting serious concerns about due process and executive overreach.Silencing Dissent via Tax Policy: A troubling House bill threatens nonprofits and universities critical of the administration, stripping nonprofit status and imposing punitive endowment taxes designed to stifle opposition.Join Corey, John, and Melissa Murray as they deliver essential constitutional analysis and fearless commentary on threats facing American democracy today.
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1:09:45
The Rule of Law Under Siege: Judge Dugan Indicted, Roberts' Weak Trump Rebuke, Habeas Corpus Crisis
Co-host Corey Brettschneider celebrates winning the American Bar Association Silver Gavel Award—but there's no time to rest. He and John Fugelsang tackle the urgent threats facing American democracy.Judge Hannah Dugan’s Bombshell Indictment:An unprecedented indictment of a sitting judge sparks a crisis of judicial integrity.Roberts’ Hollow Warning:Chief Justice Roberts warns the rule of law is "endangered," but Corey and John expose why Roberts’ criticism of Trump is too little, too late, given his own controversial record on presidential immunity.The Habeas Corpus Crisis:Can a president suspend habeas corpus? The hosts unpack the chilling scenario where Congress supports such a constitutional breach, outlining a potential showdown over fundamental rights.Qatar, Trump, and the Emoluments Clause Scandal:Corey and John reveal how a lavish foreign gift to Trump represents exactly the type of dangerous influence America’s founders warned against—from Washington’s time to ours.Birthright Citizenship at Stake:The hosts preview a critical Supreme Court case examining the 14th Amendment’s guarantee of birthright citizenship, highlighting what’s at stake for America’s identity.With sharp wit and incisive analysis, this episode delivers a fearless exploration of constitutional crises and the ongoing fight to preserve American democracy. Subscribe now for your weekly dose of insight on the Supreme Court, the Constitution, and the battle against authoritarian threats.
Mixing sharp wit and serious political fire, The Oath and The Office is where hard-hitting constitutional analysis meets razor-sharp comedy. Distinguished political science professor Corey Brettschneider teams up with comedian John Fugelsang to break down the most powerful 35 words in American democracy—the presidential oath of office. Every president swears to “preserve, protect, and defend” the Constitution, but what happens when one openly attacks democracy and the rule of law itself? Each week, Corey and John pull no punches, exposing the latest threats to the rule of law and demanding accountability. Smart, fearless, and wickedly funny—this is the civics lesson you can’t afford to miss.
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