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100 Days of Democratic Destruction: Trump, Executive Orders, and Constitutional Crisis
In this essential episode of The Oath and The Office, hosts Corey Brettschneider and John Fugelsang dissect Trump’s first 100 days, highlighting dangerous executive orders that threaten constitutional democracy. They examine two alarming categories: orders so clearly unconstitutional that courts may swiftly block them, and subtler actions rooted in the “unitary executive theory” paving the road toward autocracy. Despite this grim landscape, Trump’s poll numbers reveal a weakening presidency—are historical democratic norms finally rallying public resistance? Corey and John also provide a deep investigative look into the Supreme Court’s temporary halt on Trump’s controversial deportations to El Salvador, exposing the flawed, punitive point system used against vulnerable migrants. Plus, they delve into the troubling arrest of a Wisconsin judge, drawing powerful historical parallels to the state’s legacy of judicial resistance against slavery. Ending with optimism, they cover a federal judge’s ruling protecting Voice of America from Trump’s political interference, underscoring the ongoing fight for judicial independence and free press.
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50:04
Lady Justice vs. Trump 2.0: Dahlia Lithwick on Saving Democracy
Legal journalist Dahlia Lithwick joins The Oath and The Office to explore why Trump’s second presidency is even more dangerous than the first—and how courageous lawyers, many of them women, are once again stepping up to defend the rule of law. Drawing on her bestselling book Lady Justice, Lithwick shares powerful stories of resistance, from the travel ban to Charlottesville to the fight for reproductive rights.But first, Corey and John break down this week’s legal flashpoints:SCOTUS Shadow Docket: The Supreme Court quietly halts deportations to Venezuela in an emergency ruling—what does this signal about immigration and executive power?Contempt Showdown on Hold: Judge Boasberg planned contempt proceedings after Trump defied a federal court order, but an appeals court has paused them—for now. Could criminal charges still be in play?NYT v. Sullivan Revisited: Sarah Palin’s libel case reignites debate over press freedom and the future of New York Times v. Sullivan.Papal Politics: Pope Francis is increasingly at odds with the far-right as he champions democracy, justice, and global dignity.This episode is a call to courage in the face of rising authoritarianism—and a powerful reminder that the law can be a tool of resistance. Subscribe to The Oath and The Office on Apple or Spotify for your weekly guide to law, power, and democracy.
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55:37
Trump’s Coup Continues: Supreme Court Defiance and the Ivy League Showdown
This week on The Oath and The Office, Trump openly defies a Supreme Court order to return a non-citizen to El Salvador—then calls it a “win.” Stephen Miller gloats. El Salvador’s president joins in mocking the rule of law. Is this the tipping point of a slow-motion coup?Then we turn to Harvard, where the Trump movement’s push for “viewpoint diversity” is really a cover for ideological quotas—and Chris Rufo admits it’s all about destroying elite institutions. We unpack how this connects to attempts to defund universities under the Civil Rights Act.Finally, we pull back: What makes Trump different from past threats to democracy? From John Adams to Woodrow Wilson, we’ve seen nationalism and authoritarianism before—but never like this. And yet, there’s hope. Resistance has worked in the past. Can it again? Learn more with Corey's new book, The Presidents and the People: Five Leaders Who Threatened Democracy and the Citizens Who Fought to Defend It: https://www.amazon.com/Presidents-People-Threatened-Democracy-Citizens/dp/1324006277Please write a note or send feedback to [email protected] or ‪@democracyprof.bsky.social‬
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43:56
Skadden Folds. The Court Wavers. Trump Advances
Professor Corey Brettschneider and political comedian John Fugelsang this week discuss the Supreme Court's recent ruling on immigration and the capitulation of law firms to Trump's bullying. They also chat about Trump's illegal freeze of university funding and the roller coaster ride of his tariff trade war.
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51:38
Who Can We Trust to Uphold the Constitution?
John Fugelsang and Professor Corey Brettschneider talk about the deliberate attempt by Trump to curtail free speech at universities by denying them funds. They also discuss the Trump Administration's admission that it mistakenly deported a Maryland resident to El Salvador. Then they welcome former prosecutor and former Army JAG officer Glenn Kirschner to share his insight on the Republican-appointed judges saying "NO" to Trump in multiple cases; the Supreme Court ruling against Trump in his quest to eliminate judges he doesn't like; and the dismissal with prejudice of New York Mayor Eric Adams' corruption case.
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About The Oath and The Office

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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