Author Meets Critics: Corey Brettschneider's The Oath and the Office

Session Submission Type: Author meet critics

Session Description

In The Oath and the Office, Corey Brettschneider offers a new, yet historically grounded, ideal of a limited presidency. He argues that the oath of office creates an independent moral and legal obligation for the president to promote the Constitution’s values­­­—and only exercise power within the Constitution’s limits. Using history and case to law, Brettschneider applies a “value-based” lens to understand the core powers and limits of the office, as well as how the ideals of Bill of Rights bind the president. Importantly, Brettschneider posits that citizens are the ultimate limit on presidential power, with Brettschneider offering a number of ways the people can stop a rogue president. The book is thus an important alternative to originalist theories of constitutional interpretation and creatively looks beyond the judiciary to limit presidential power.

This panel would bring together leading constitutional and political scholars to use the book, which has garnered significant national attention, as a jumping off point to reflect on the presidency in an age of deep controversy. While President Trump generates plenty of controversies worthy of study, this panel—like the book—will use these salient contemporary issues for deeper reflection about the president’s constitutional role.

Sub Unit

• DIVISION 27: Constitutional Law and Jurisprudence

Chair

• Elizabeth F. Cohen Syracuse University

Presenters

• Corey L. Brettschneider

• Elizabeth Beaumont University of California, Santa Cruz

• Eric Beerbohm Harvard University

• Mark A. Graber University of Maryland Carey School of Law

• Jeffrey K. Tulis The University of Texas, Austin