Ep18 Tim’s Travails: This month we interview David O. Stewart, attorney and author of “The Democracy We Must Keep”
October 2026 — This month on IP attorney and author Timothy Trainer’s podcast/video show we meet trial and appellate lawyer and award-winning historian and historical novelist David O. Stewart.
Today’s Topic: Lawyer to Lawyer — Understanding “The Democracy We Must Keep”
Tim asks David:
- “No branch should be free of meaningful restraint.” Given this intent, is Congress (GOP) failing in its responsibility given what is happening today? Have we been moving toward today’s situation for a long time, or is it a sudden development?
- In reference to the Federalist Papers #70 and the corrosiveness of partisanship. How has the current party structure received or ignored this warning?
- At the end of Chapter 7, you write about the threat to the 1st Amendment right of free speech when the government punishes universities, researchers, law firms, and individuals for statements on public issues, or for opposing government policies. Is the silence among the partisans of the GOP who fail to push back equal to this threat or, perhaps, even more troubling that they acquiesce and go along with the Executive Branch’s efforts to punish?
- Several provisions refer to the rights of the person or people, not using the word “citizen.” Was that deliberate, given how lawyers and judges make this distinction?
About our guest: A trial and appellate lawyer for many years, David O. Stewart writes award-winning history and historical novels. He has received the Lifetime Achievement Award from the Washington Independent Review of Books, was a reporter for the Staten Island Advance, and wrote the monthly Supreme Court column for the American Bar Association Journal for 10 years. He has also done on-air commentary for CNN, C-SPAN, Bloomberg News, and MSNBC.
David’s books illuminate the people and ideas that shaped America’s founding. His widely praised works include The Summer of 1787: The Men Who Invented the Constitution, Madison’s Gift, and George Washington: The Political Rise of America’s Founding Father. His most recent title is The Democracy We Must Keep: Seven Founders, Nine Documents, and the Ideas that Shaped America. Learn more: davidostewart.com

About The Democracy We Must Keep:
What did America’s founders say about democracy—and can we remain true to their vision for America? Two hundred fifty years ago, passionate men attempted to create something the world had never seen before: a nation built not on kings or armies, but on ideas where the people ruled. In The Democracy We Must Keep, historian David O. Stewart takes readers inside the nine key documents that shaped the formation of the United States—from Patrick Henry’s thunderous cry for liberty to the carefully crafted design of a government chosen by the people, with limits on all officials holding power under the Constitution.
Through the words of seven visionary founders—Washington, Jefferson, Madison, Hamilton, Gouverneur Morris, and others—Stewart shows how a fragile experiment in self-government took shape. These men were not saints. They argued passionately. They worried that the new nation might fall apart. Yet together, they forged the principles that must still define American democracy: That power must be limited. That leaders must answer to the people. That individual rights must be protected by law.
As the United States celebrates its 250th anniversary, The Democracy We Must Keep urges readers to rediscover core ideas that built the nation—and to consider what it will take to protect them. Accessible, engaging, and timely, this book is for anyone who wants to understand how American democracy started, and why it still matters. Learn more: davidostewart.com • Click here to buy David’s books

Photos of Tim by AnnaGibbs.com
About Tim’s Travails: In this podcast/video sereis, IP attorney and author Tim Trainer introduce us to experts around the country who have insight into the law, international trade, and more, to help us better understand our world in 2025 and beyond.
Tim, himself, fits the bill for he worked for three decades for the US government and private law firms focusing on international trade, and has developed a deep understanding of global economics and politics.
Writing books is his passion. The author of seven books as of 2025, he has penned several non-fiction tomes, including his first book, Customs Enforcement of Intellectual Property Rights; the 15th edition was published in 2020. Thomson Reuters’ Aspatore Books published Tim’s next title in 2015, Potato Chips to Computer Chips: The War on Fake Stuff. Fiction was a genre he always wanted to try. In 2017, Pendulum Over the Pacific was released by Joshua Tree Publishing. “This political intrigue story is set in Tokyo and Washington, D.C., and centers on trade tensions between the U.S. and Japan in the late 1980s,” Tim explains. In 2023, his first series hit bookstores: The China Connection. In December 2024, he followed it with The China Factor.
Stay tuned for more episodes on InkandescentRadio.com and Inkandescent.tv, and of course, log in regularly for new blog entries and other information on Tim’s website, www.TimothyTrainer.com.