By Chris Helvey
After providing critical legal services for decades to key public officials, both in Kentucky and in Washington D.C., Denis Fleming has begun his long-desired transition to a literary career with the successful launch of his very first book — a detailed, illuminating and insightful look back at one of the critical moments in Kentucky history — the 1792 drafting of Kentucky’s constitution.
Published by The History Press and available on Amazon, “Thomas Jefferson and the Kentucky Constitution” reveals the behind-the-scenes impact Thomas Jefferson, the third President of the United States, exerted on a vital segment of Kentucky’s constitution —the “separation of powers” clause. As pointed out in the foreword, written by Sheryl G. Snyder (also an attorney and author), the final language, as significantly influenced by Jefferson, is an “unusually forceful separation of powers.”
Fleming, a native of Louisville, developed an early interest in politics and the law. For his senior project at Ballard High School, he crafted a detailed paper analyzing the life and political career of Huey Long, the late Louisiana governor and senator, a populist who had been one of the most controversial and impactful politicians of the 1920s and 30s. He also lobbied on behalf of school busing and even called then-Gov. Julian Carroll’s office to see if it was possible to arrange for the governor to speak to a special Ballard High assembly. Much to Fleming’s surprise, Carroll himself actually came to the phone and talked with him, ultimately agreeing to the request of the enthusiastic and persuasive high school student.
Following high school, Fleming continued his education at the University of Kentucky, where he received a bachelor’s degree with distinction. His next step was to transition to the University of Kentucky College of Law. After receiving his law degree, he practiced law across Kentucky with the firm Barnett & Alagia.
Shifting to the public sector, Fleming began a lengthy and impactful career in Kentucky state government, serving as general counsel to the Economic Development Cabinet under both Governors Wallace Wilkinson and Brereton Jones (1988–1993), then continuing as general counsel to the governor, under Gov. Paul Patton (1995–2003), while also serving as deputy secretary of the Executive Cabinet. He completed his service with Kentucky state government by serving as chief deputy attorney general under Attorney General Greg Stumbo (2003–2004).
For a couple of years in the mid-90s, Fleming lived in Frankfort and fondly recalls enjoying tasty meals at Rick’s White Light, Cliffside Diner and Serafini, not to mention the delicious donuts at Magee’s Bakery. As an avid reader, Fleming continues to visit Poor Richard’s Books when he is in town, and with his interest in Kentucky’s history, he is a fan of the Kentucky History Center.
During his Frankfort years, Fleming was a serious runner and frequently met up with Louisville Courier-Journal reporter Tom Loftus for an early morning run. He also recalls playing many tennis matches at Juniper Hills Park.
His Frankfort friends and colleagues remember him fondly as a very dedicated, effective and hard-working public servant.
“Throughout his career in Frankfort and Washington, D.C., Denis was often ‘in the room where it happens,’ and that’s good for Kentucky,” said John Schaaf, a retired attorney, and an author himself who co-wrote “Hidden History of Kentucky’s Political Scandals” with Robert Schrage who worked with the legislature when Fleming worked for three governors.
“His knowledge of history and the law, and his ability to work constructively with others, helped our state achieve criminal justice reform, including important improvements in the juvenile justice system, higher education reform, expanded civil rights and safer workplaces for coal miners,” Schaaf noted. “As a lawyer and public servant, Denis has made significant contributions to improving life for all Kentuckians.”
Looking back over his years in Kentucky state government, Fleming reflected on the impact a number of Kentuckians who exerted a positive influence on his career had, citing especially former Franklin Circuit Court Judge William “Bill” Graham, who strongly encouraged Fleming’s involvement in both politics and government. He also fondly recalls the advice and guidance former Lt. Gov. Crit Luallen, who, as then secretary of the Executive Cabinet, shared with him, focusing on, in his own words, “invaluable details about the operations of state government, including the development of policy and budget structures, and above all the value of having a strategic plan for what you wanted to achieve. Her relentless attention to detail and keeping the administration focused on a plan were traits I carried over into my career after government in the private sector working for major healthcare corporations.”
In 2004, Fleming shifted from state to national service when he was appointed chief of staff to Congressman Ben Chandler (Kentucky, District 6) in Washington, D.C. There he worked closely with many U.S. representatives and their respective staffs. After the 2012 elections, Fleming took on a dual role with Almost Family Inc., a Kentucky-based national home care provider, serving as both senior vice-president and legislative counsel.
While Fleming served Democratic elected officials throughout his career, his daughter Elizabeth has served as a policy advisor to Senate Republican Leader Mitch McConnell of Kentucky. Fleming’s brother, Ken Fleming, is currently a Republican member of the Kentucky General Assembly, serving in the House of Representatives.
In addition to politics, Fleming’s extended family also plays an important role in historical preservation. His sister-in-law, Ann Fleming, currently serves as president of The Kentucky Society of The National Society of The Colonial Dames of America, an organization devoted to the preservation of many of America’s historical places.
The Dames website notes, “the histories that live within them.” One example is Liberty Hall on Wilkinson Street right here in downtown Frankfort. Built by the American statesman John Brown between 1796 and 1800, Liberty Hall is preserved today by the Colonial Dames as a combination historical site and museum.
With all of these political and historical elements running through his life and career, perhaps it is no real surprise that Fleming was able to so successfully capture one of the more significant moments in Kentucky history within the pages of “Thomas Jefferson and the Kentucky Constitution.” However, before he could begin writing his book, Fleming had to do months of serious, detailed research, focusing his efforts on three key players: Thomas Jefferson, George C. Nicholas (Kentucky’s first attorney general, who is often called “The Father of the Kentucky Constitution”) and John Breckinridge (a legislator in both Virginia and Kentucky, who also served as the U.S. Attorney General during Thomas Jefferson’s second term as President).
Worth noting is the fact that both Nicholas and Breckinridge have Kentucky counties named after them. And, as Snyder notes in the foreword to the book, it was in the “Nicholas Papers” that Fleming ultimately found the critical wording demonstrating “the influence of Thomas Jefferson on the drafting of Kentucky’s unusually forceful separation of powers clauses.” This clause seems especially pertinent in both Kentucky and America today, perhaps more so than in many previous years, since “separation of powers” stands as a crucial factor in both the current legal and political landscapes.
These separation of powers clauses which have proven so powerful over the years in the final legal determinations of a great many political disputes and legal cases are, as Snyder points out, “double barreled.” While the vesting clause (Section 27) provides that the legislative, executive and judicial power shall each be vested in a distinct branch of government, this wording is not uncommon among state constitutions, and, importantly, there is a second clause (Section 28) “that prohibits any person or group of persons in one branch from exercising any power properly belonging to another branch. This is the clause that has been decisive in many separation of powers cases in Kentucky.”
Snyder goes on to note that “Fleming’s research demonstrates that this provision was derived from the ideas and writings of Jefferson.” He closes the foreword by describing Fleming’s book as “a work of original research that makes an important contribution to Kentucky history and constitutional law.”
Fleming himself notes that while Jefferson was successful in having the separation of powers clause included in both the Virginia and Kentucky constitutions, he was thwarted in his efforts to place them in the U.S. Constitution by James Madison (the fourth President of the United States). However, Fleming goes on to note that “there can be no doubt that these clauses, through repeated judicial interpretation by Kentucky’s Supreme Court, have been used effectively to validate many of the great policy reforms in Kentucky’s history.”
Currently residing in both Washington, D.C., and Miami, Fleming enjoys travel and running. He began the literary phase of his life by writing a number of published book reviews. While “Thomas Jefferson and the Kentucky Constitution” is his first book, he has already started on a second — a volume on Kentucky’s own Colonel Harlan Sanders. The working title is “Fistfights, Guns, and Kentucky Fried Chicken.”
By the way, Fleming is going to not only donate all royalties from “Thomas Jefferson and the Kentucky Constitution” to the University of Kentucky School of Law, but match them dollar for dollar — his way of giving back to many.
Chris Helvey is an award winning short-story writer, a poet, and a novelist. The author of more than a dozen novels and multiple short-story collections, his latest novel, “Revolution,” was recently released by Wings ePress, and is available in both paperback and e-book formats on Amazon. A founding member of the Bluegrass Writers Coalition, he also serves as editor-in-chief and publisher of Trajectory Journal.
