Guest Appearance on Constitutional Chat

Constituting America has organized a series of Zoom chats on the Constitution. The chats are hosted by actress Janine Turner (Northern Exposure, Friday Night Lights, Cliffhanger) and Cathy Gillespie, co-founders of Constituting America. On the panel will also be "We The Future" Contest winners Dakare Chatman and Tova Love Kaplan.

I've been invited as a guest presenter for September 15, 2020. The subject will be The Preamble & The Constitutional Convention. You can sign up for the remaining sessions at this link (scroll down).

Tuesday September 1:     Countdown to Constitution Day Series, Articles IV & V

Tuesday September 8:     Countdown to Constitution Day Series, Article VI & VII

Tuesday September 15:   Countdown to Constitution Day Series, Preamble & Constitutional Convention

Thursday September 17: LIVE VIRTUAL CONSTITUTION DAY PROGRAM

December 15, 1791: Bill of Rights of the United States Constitution Are Ratified

Bill of Rights

Despite a modern perception that the first ten amendments bestow rights, it’s clear that the Bill of Rights is really a list of government prohibitions. The Founders did not believe in government benevolence and would never have accepted government as the arbiter of rights. 

Read all about it at Constituting America

Guest essayist at Constituting America: U.S. Constitution Sent to the States for Ratification

Constituting America

Read all about it at Constituting America

The Founding of this great nation was unique. Until 1776, with a few brief exceptions, world history was about rulers and empires. The American experiment shook the world. Not only did we break away from the biggest and most powerful empire in history, we took the musings of the brightest thinkers of the Enlightenment and implemented them. Our Founding was simultaneously an armed rebellion against tyranny, and a revolution of ideas—ideas that changed the world.

That is why we still care about America’s founding and the Framers of our Constitution.

In celebration of Constitution Day, here's a description of the signing ceremony from Tempest at Dawn

On September 17, 1787, the delegates to the Constitutional Convention signed the engrossed document that began with the three famous words that define the true source of all government power.

From Tempest at Dawn, here's an abridged description of the ceremony.


Madison sat in his customary place with folded hands resting on the table. He didn’t intend to take notes today. In fact, he didn’t intend to take any more notes on any day. This signing ceremony would be the final act of the convention.

Madison noticed that his ink-stained hands looked prayerful. He thought this fitting because a reverential spirit suffused the assembly. The chamber remained hushed as the secretary read the engrossed Constitution in its entirety. At the conclusion, Franklin rose with a speech in his hand.

“Mr. President, most men believe they possess all truth and that whoever differs from them is in error. The older I grow, the more I doubt my own judgment and the more I pay attention to the judgment of others.

“When you assemble a group of men to take advantage of their collective wisdom, you inevitably bring together all their prejudices, passions, and selfish views. From such an assembly, can one expect perfection? It astonishes me that this system approaches so near perfection.

Franklin dropped his papers to his side and spoke in a commanding voice. “I move the Constitution be signed.”

King interrupted the initiation of the signing ceremony. “I suggest that the journals of the convention be destroyed or deposited in the custody of the president. If it becomes public, those who wish to prevent the adoption of the Constitution will put it to bad use.”

 “I prefer the second expedient.” Wilson looked directly at Gerry. “Some may make false representations of our proceedings, and we’ll need evidence to contradict them.”

The last comments confirmed Madison’s suspicion that the fight for ratification would be divisive and mean-spirited.

The motion passed to deposit the journals into the hands of Washington.

Finally, all other business completed, Washington formally called on the delegates to sign the Constitution. The secretary had arranged the Syng inkstand that had been used to sign the Declaration of Independence on a green baize-covered table. Washington walked around the table and signed first. He then called the states from north to south. The delegates remained silent and reverential as they approached the low dais to apply their signatures.

When Virginia was called, Madison felt a tightening in his stomach. This Constitution would permanently bind his beloved country. When he picked up the pen, he looked at Washington, who stood respectfully to the side, instead of behind the table. The precedents set by this man would seal these words. Madison grabbed the pen, dipped it in the inkwell, and signed with confidence. When he looked up, Washington gave him a nod that made Madison think he had read his mind.

Despite his illness, Franklin had remained standing after he signed, shaking hands with delegates and whispering an occasional aside. While the last members were signing, tears glistened in Franklin’s eyes. With an obvious struggle to control his emotions, he began to speak in a stronger than normal voice.

“Gentlemen, have you observed the half sun painted on the back the president’s chair? Artists find it difficult to distinguish a rising from a setting sun. In these many months, I have been unable to tell which it was. Now, I’m happy to exclaim that it is a rising, not a setting sun.”

Once the last signature was in place, no one wanted to spend another moment in this room that had dominated their lives for so many months. Besides, John Dickinson had left a banknote for a celebratory dinner at the City Tavern.

Because of the momentous day, Franklin intended to walk out of the State House. Madison grabbed one elbow, and Wilson took the opposite side to help the old man out of the chamber. Madison hoped he could protect Franklin from being jostled by the bubbling delegates, but Washington took a point position in front of their little group, and the crowd parted like the Red Sea.

“I want to thank you gentlemen for helping an enfeebled and diminished old man,” Franklin said.

“I witnessed your diminished capacity these many months,” Madison said. He became puzzled when this somehow evoked a hearty chuckle from Franklin.

The doctor glanced between Madison and Wilson. “I’m usually assisted by the inmates of Walnut Street Prison. It occurs to me that you men have been prisoners in this chamber.” Franklin chuckled again. “With the power vested in me by the State of Pennsylvania, I pardon and set you free.”

At that precise moment, with theatrics that seemed natural to Washington, the sentries threw open the door to the State House, and Madison was assaulted by bright sunlight and a deafening roar. Hundreds of people cheered, clapped, and whistled at the sight of Gen. George Washington framed by the great white door.

The threesome stopped a respectful distance behind Washington. This crowd was not going to part so easily. In fact, the sentries had skipped down the three steps and joined arms to hold back the surge of people.

“Our rambunctious session on Saturday told our fair citizens that we had concluded our business,” Franklin observed.

“Are you riding with the general?” Madison asked.

“Relax, boys. The general will know the exact moment to step off the stoop.”

True to Franklin’s prediction, Washington gauged the crowd’s mood perfectly, and when he stepped down, they gave the men a narrow path to Washington’s beautiful new carriage.

As they followed in the general’s footsteps, the people continued to cheer and applaud. A woman leaned her head past Madison to yell, “Dr. Franklin, what is it to be? A republic or a monarchy?”

The doctor hesitated in his step and looked over the throng of anxious people. His answer came in a firm, loud voice.

“A republic—if you can keep it.”

The real story of our nation's founding.

Essay at Constituting America: Nebraska’s State Constitution

Constituting America has begun their 90-Day Essays for 2019. This year, they are centered on "Boundaries on Federal Government" and will cover our federalist form of government, including the state Constitutions. I'm writing the essay on the Nebraska Constitution, which was published today.

You can read it here,

 or 

Listen to the essay on Soundcloud

Be sure to explore the other excellent essays. Also, you might want to check out your state's Constitution.

Constituting America's Annual Essay

Constituting America has begun their 90-Day Essays for 2019. This year, they are centered on "Boundaries on Federal Government" and will cover our federalist form of government, including the state Constitutions. I'll be writing the essay on the Nebraska Constitution.

Essay at Constituting America

Read the essay here and read all of this year's essays here.

Today's Essay at Constituting America

Today, I again had the privilege of participating in Constituting America's 8th annual 90-Day Study. This year, their study looks at the Founders’ vision and purpose for a legislature that belongs to, is comprised of, and serves the American people. 

You can read or listen on SoundCloud here, and all of this years essays can be found here.

Essay at Constituting America

Today's Essay

Today, I had the privilege of participating in Constituting America's 8th annual 90-Day Study. This year, their study looks at the Founders’ vision and purpose for a legislature that belongs to, is comprised of, and serves the American people. 

You can read my essay here, and all of the essays here.

Essay at Constituting America

Today, I had the privilege of participating in Constituting America's 8th annual 90-Day Study. This year, their study looks at the Founders’ vision and purpose for a legislature that belongs to, is comprised of, and serves the American people. 

You can read my essay here, and all of the essays here.

Constituting American Begins Eighth Annual 90-Day Study

The core mission of Constituting America is to educate Americans about the Constitution

Constituting America has initiated its eight annual 90-Day Study. This year, the study is titled Fire on the Floor, and looks at the "Founders’ vision and purpose for a legislature that belongs to, is comprised of, and serves the American people." The essays have already started posting, so take a read here.

I've agreed to write essays on these five subjects.

• Why the Legislative Branch is listed first in Article I of the United States Constitution
• How Congress is designed by America’s Founders so a king could not rule, but instead the American people rule within a civil society
• The United States Congress versus the Confederate Congress During the Civil War
• What should and should not be placed in a bill to keep legislation easy to understand and appropriate
• Impact that running for elected office, and serving in Congress, has on the members and their families

2018 Essays

Happy Birthday ... You don't Look a Day Over 230

Congress designated September 17th as Constitution Day (celebrated this year on Monday, September 18th). Two hundred and thirty years ago, thirty-nine delegates to the Federal Convention signed this venerable founding document.

Congress made an error. I believe our elected representatives should have chosen June 21. On that date, New Hampshire became the ninth state to ratify the Constitution, making it the "supreme law of the land." I believe James Madison would concur. Delegate signatures were important, but only as a milestone. Legitimacy depended not on esteemed delegates, but on ratification by conventions of the people. After all, it's our name that appears first, and in bold, outsized characters. So, as we go about our busy day, let's take a moment to celebrate 

 We the People

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Who Wrote the United States Constitution?

Home Building & Loan v. Blaisdell (1934) – Guest Essayist: James D. Best

Home Building & Loan v. Blaisdell (1934) started the modern trend of interpreting the Constitution to support popular passions. You can read the essay here or listen to it below.