The Oath and The Office

Trump’s shifting war aims are a warning sign of the imperial presidency. We examine how changing justifications for war weaken democratic accountability, whether Congress can still use the power of the purse to stop an illegal war, how the Anthropic story reflects resistance to expanding executive power, why the growing influence of billionaires in American elections is making constitutional democracy even more fragile, and why Kristi Noem’s exit at Homeland Security was a rare reminder of how congressional oversight is supposed to work—even if her replacement may not be better.

This episode is sponsored by Princeton University Press. Learn more about Mark Peterson’s new book, The Making and Breaking of the American Constitution: A Thousand-Year History:

https://hubs.ly/Q0432vyk0

As the prospect of a U.S. military clash with Iran returns to the headlines, Corey Brettschneider and John Fugelsang break down the constitutional stakes: who actually controls the power to start—and stop—a war?

They explain the War Powers Resolution of 1973, why Congress passed it after Vietnam, how the 60-day clock is supposed to work, and why the law was weakened in the 1980s—leaving presidents with wide room to maneuver. What can Congress realistically do today if Trump escalates conflict?

They also discuss Bill Clinton testifying before Congress—and what it reveals about accountability, separation of powers, and the political checks that still matter.

Plus: listener questions on billionaire political influence and citizen resistance.

The Oath and The Office is hosted by Corey Brettschneider (Brown University professor and author of The Presidents and The People, ABA Silver Gavel Award) and John Fugelsang (SiriusXM host).

Trump just suffered a major Supreme Court defeat. A significant tariffs ruling limits presidential power and reasserts Congress’s authority — applying a doctrine once confined to agencies directly to a president. But don’t mistake this for resolution. A reauthorization attempt could trigger a new wave of litigation and deepen the constitutional fight.

Corey Brettschneider and John Fugelsang also examine how Judge Cannon stalled Jack Smith at a pivotal moment — and what the prosecution of a former prince reveals about how accountability for powerful leaders can succeed… and how it can fail.

Then we widen the lens.

Mike Pesca (The Gist, NPR) joins us to explore “soft” censorship and the pressure facing American journalism — including the late-night flashpoint. Can regulatory scrutiny, “equal time” rhetoric, and public threats chill speech without an outright ban? We discuss the FCC’s evolving posture, the late-night controversy, the Bari Weiss debate (and Mike’s distinct take), and what citizens can actually do to resist intimidation.

The courts may be holding.
But pressure on speech — and democratic guardrails — is intensifying.

Trump’s FCC is pressuring late-night TV — and CBS is hesitating. What happens when regulators don’t censor speech outright, but make networks afraid to air it?

In Minnesota, democratic guardrails held. A far-right witness was exposed in a Senate hearing and a judge blocked cuts to critical public health funding. Proof that pushback can succeed.

Then the counter-move. Under the Trump administration, the Federal Communications Commission has signaled it will enforce the equal-time rule against late-night and daytime talk shows — a shift that made CBS lawyers nervous about Stephen Colbert’s interview with James Talarico, a Texas Senate candidate. Colbert has blasted the move as political intimidation, and critics argue it reflects a broader effort to chill speech rather than a neutral application of regulatory fairness rules. What happens when government doesn’t censor speech outright — but makes networks afraid to air it?

Plus: a Presidents’ Day special — five presidents who threatened democracy and the warning signs we’re seeing again. Drawing on The Presidents and The People, Corey Brettschneider connects today’s battles to the deeper history of democratic erosion — and what it takes to stop it.

📘 Get The Presidents and The People:

https://www.amazon.com/Presidents-People-Threatened-Democracy-Citizens/dp/1324006277

Trump is turning DOJ into payback politics—and this week shows the playbook in action: pressure around the Gateway tunnel, a reporter’s home searched, the Clinton subpoena spectacle, and a growing recruiting crisis inside the department.

Then Preet Bharara on the warning we missed: Trump forcing the showdown that got Preet fired—an early preview of today’s collapse of prosecutorial independence. We break down political prosecutions (Comey, James), the hard edge cases where “law enforcement” gets murky, how the ethics of staying vs. resigning change in a corrupt regime, and where real hope comes from now.