#1675 What Is Habeas Corpus and Why Does It Matter?

Clay and historian Beau Breslin discuss the doctrine of habeas corpus and its role in the current debate about how to handle undocumented immigrants in the United States. In a nutshell, habeas corpus means "hey, produce the body." You cannot just arbitrarily snatch someone off the street and make them disappear. Habeas corpus was so important to the Founding Fathers that they embedded it in the first Article of the Constitution, right off the top, and did not postpone it to the Bill of Rights. The United States has a mixed history of its adherence to the doctrine of habeas corpus, which Beau Breslin believes is THE fundamental right in America and all over the world. And yet, Professor Breslin, who teaches at an elite college in New York state, admitted that the majority of his students, even in a class on constitutional theory, would probably be unable to define just what habeas corpus means, where it came from, and why it is critically important to a free and enlightened society. This episode was recorded on September 12, 2025.

Clay's conversation with Nat and Mikey, schoolteachers from Britain, who are floating down the Missouri and Mississippi Rivers from Three Forks, Montana, all the way to St. Louis and beyond, with hopes of ending in New Orleans around the time of Mardi Gras. They recount their adventures so far. At the time of the interview, they were just north of Pierre, South Dakota, staying for one night in a resort motel on Lake Oahe. What have they learned about America, about Lewis and Clark, about Native Americans, about their relationship, and about themselves? They capsized on day two just north of Three Forks, but have managed to stay upright ever since, and they are confident they will be able to float all the way to the mouth of the Mississippi. This episode was recorded on September 30, 2025.

Clay and his friend Russ Eagle discuss John Steinbeck's 1960 Travels with Charley tour of America from within Steinbeck's truck camper Rocinante. Thanks to the great generosity of the folks at the National Steinbeck Center in Salinas, Clay and his Steinbeckian friend Russ were permitted to do the podcast at the dinette table of the pickup camper. They told the story of how Steinbeck purchased the camper—then a novelty—, how he used it as a metaphor for his travels in search of America, what happened to it after his transcontinental journey, and how it eventually found its way to the National Steinbeck Center in Salinas, California, where John Steinbeck grew up. Clay and Russ were able to report their discovery in the Center's archives of a document that shows just when Steinbeck returned home after his three month trek—thus solving one of the questions historians have had about the whimsical journey with his French poodle Charley. This episode was recorded live on September 27, 2025.

Guest host David Horton talks with President Thomas Jefferson about the United States as the nation approaches its 250th birthday. Horton asks Jefferson to explain his vision of America, to assess its successes and failures in his own time, and then to observe and reflect on the United States today. Aside from a ruinous and swelling national debt, Jefferson seemed most concerned by the breakdown of the "checks and balances" that are vital to the survival of a republic. Other topics included the true meaning of the phrase "pursuit of happiness," America's place in the world, the loss of civics and ethical training in our schools, and the death of family agriculture. Mr. Jefferson affirmed that July 4, 1776, is one of the most important dates in human history, possibly the most important date in the history of liberty. He was quick to add, however, that he did not mean to call attention to himself in invoking the Fourth of July. This episode was recorded on September 13, 2025.

Historian and author David Nicandri joins Clay in the LTA Airstream in Olympia, Washington, for a conversation about lingering mysteries of the Lewis and Clark Expedition. The first question was why Meriwether Lewis' journal remained silent when he finally reached the Pacific Coast, which was the primary purpose of his transcontinental expedition. It was a dereliction of duty for the leader of the expedition to fail to write about reaching the Pacific after 18 months of gruelling travel. Clay and David attempt to make sense of Lewis' silence. The second mystery they tackled concerns the enduring appeal of the Lewis and Clark story after 230 years. There are several dozen interpretive centers for Lewis and Clark, none for Zebulon Pike, who was exploring the Mississippi River drainage at the same time, and none for John C. Fremont, a generation later. Why? This episode was recorded September 9, 2025.

Clay interviews Montana adventurer Norm Miller, who has undertaken truly heroic canoe and kayak journeys on great rivers of the West. When he was 35, he retraced Scottish trader Alexander Mackenzie's 1789 2,000-mile journey from Lake Athabasca to the Arctic Ocean. When he was 41, during the Bicentennial of the Lewis and Clark expedition, Norm floated from St. Louis all the way to Astoria, Oregon, leaving his modified canoe only when there was no longer anything to float, and then making his way overland with a 45-pound backpack. Both stories are amazing — a lone man threading some of the most powerful rivers on the North American continent, keeping a daily journal, taking thousands of old school photographs, affirming the geographic descriptions in the journals of Lewis and Clark and Alex Mackenzie, and meeting very interesting roadside groups and individuals. This episode was recorded on September 13, 2025.

In the aftermath of the assassination of Charlie Kirk in Utah, Clay asked his good friend Beau Breslin of Skidmore College to join him in a conversation about political violence in America. Political violence is nothing new in America. We were born in an armed revolution, we've had waves of political violence throughout our history, and we seem as a nation to be in love with violence, at least in our popular culture, and beyond. The program includes discussion of slave revolts, violent brawls on the floor of Congress, the assassinations of Lincoln, Garfield, McKinley, and JFK, the rash of violence in the 1960s, and the growing polarization of America. Professor Breslin believes firmly that we can bring down the political temperature in the U.S. but only if we sit down together and grant each other legitimacy, even when we very seriously disagree. Prompted by popular demand, in the third segment of the program, Clay offered an op ed statement about our need to have a serious, respectful, and civil national conversation about the Second Amendment and gun violence in America.

Clay talks about his 2025 trek across America in his 23-foot Airstream following the Lewis and Clark trail. Clay discusses RV life and provides a sense of what a day in the life of an RV drifter is like. Clay also speaks about his intensive study of the journals of Lewis and Clark and the book he is developing, tentatively titled Getting Noticed on the Lewis and Clark Trail. And, at the end, he tells us about his future Airstream travel plans and his fall 2025 trips to England and Rome.

Clay and his friend Russ Eagle interview Robert DeMott, one of the greatest living Steinbeck scholars, at his fishing cabin on the Madison River, south of Bozeman, Montana. DeMott is the author of three important studies of Steinbeck's novels, the editor of the journal he kept while writing his classic, The Grapes of Wrath, and also the editor of the four-volume Library of America edition of Steinbeck's work. Russ Eagle has been enamored of Steinbeck for decades, particularly his 1945 novella Cannery Row. Dr. DeMott was incredibly generous with his time and his insights into Steinbeck. An avid fly fisherman, DeMott spends five or six weeks each summer in Montana's Madison River valley, where we met up with him. DeMott regards the Grapes of Wrath as a top-five American novel, and Cannery Row, though underappreciated, is nearly as great. Over sodas and sandwiches, we had the honor of listening to one of America's most significant literary critics. This episode was recorded on August 1, 2025.

Frequent guest, Lindsay Chervinsky, makes a late summer appearance to discuss Ten Books on the American Revolution. Ken Burns recently said the American Revolution was the most important event since the birth of Jesus. Our listeners have asked for advice about what to read as July 4, 2026, looms over American life. Lindsay is current with recent scholarship; Clay's approach is more biographical. They agreed that you cannot go wrong with Rick Atkinson's trilogy on the revolution, and reading anything by Joseph Ellis is great. Clay recommended Ellis's book Passionate Sage, on John Adams, while Lindsay recommended Founding Brothers. Listen to the podcast for lots more great book recommendations and their lively discussion. This episode was recorded on August 18, 2025