Constitutional Accountability Center

The Constitutional Accountability Center (CAC) is a non-profit think tank located in Washington, D.C., that seeks to advance a progressive interpretation of the Constitution of the United States.[1][2] The group has filed numerous lawsuits against former President Donald Trump.[3][4]

History

CAC was launched on June 3, 2008. Its predecessor organization was the Community Rights Counsel. Both organizations were founded and led by Douglas Kendall. Advisors to CAC have included Akhil Amar, Jack Balkin, and Walter E. Dellinger III.[5]

Philosophy and methodology

CAC is a proponent of "New Textualism", a school of thought focused on the text, structure, and enactment history of the language of the Constitution.[6] The organization makes legal arguments based in constitutional text and history, with particular emphasis on the Thirteenth, Fourteenth, and Fifteenth Amendments.[7] CAC founder and president Douglas Kendall has stated his belief that a renewed focus on the Civil War Amendments can help to reveal the Constitution as a progressive document.[8] A CAC publication about New Textualism states that "the Constitution provides concrete and progressive answers to many important questions."[9]

CAC heads "Constitutional Progressives," a coalition anchored by the Center for American Progress and People for the American Way.[10]

Litigation

U.S. Supreme Court cases in which CAC has filed amici curiae briefs include:

  • Citizens United v. FEC (campaign finance, 2010)
    • CAC filed a brief explaining that the text and history of the Constitution make clear that campaign expenditures by corporations can be subject to greater regulation than expenditures by individuals.
  • Fisher v. University of Texas (affirmative action, 2013)
    • CAC filed a brief on behalf of law professors Bruce Ackerman, Vikram Amar, Jack Balkin, Burt Neuborne, James Ryan, and Adam Winkler defending the constitutionality of UT-Austin's admissions policy.
  • Hollingsworth v. Perry (same-sex marriage, 2013)
    • CAC filed a joint brief with the Cato Institute demonstrating that the text and history of the Fourteenth Amendment guarantee equality under the law and equality of rights for all persons.
  • Shelby County v. Holder (voting rights, 2013)
    • CAC filed a brief on behalf of law professors Jack Balkin, Guy-Uriel Charles, Luis Fuentes-Rohwer, and Adam Winkler demonstrating that the framers of the Thirteenth, Fourteenth, and Fifteenth Amendments gave Congress broad power to enact legislation like the Voting Rights Act to ensure the right to vote free from racial discrimination and infringement by the states.
  • McCutcheon v. FEC (campaign finance, 2014)
    • CAC filed a brief on behalf of constitutional law scholar and Harvard law professor Lawrence Lessig urging the Court to uphold federal aggregate contribution limits.
  • Burwell v. Hobby Lobby (corporate rights, 2014)
    • CAC urged the Court to reject the free exercise and RFRA claims of Hobby Lobby and Conestoga Wood and uphold the ACA's contraception coverage requirement as it applies to secular, for-profit corporations.

Publications

CAC's Issue Briefs Series provides commentary and analysis on current constitutional and political issues, including, voting rights, campaign finance, citizenship, corporate rights, and federal power. CAC has also published Issue Briefs and released several reports on the success of the U.S. Chamber of Commerce and business interests before the Supreme Court under Chief Justice John Roberts.[11]

Donors

In 2018, the organization had about $4.3 million in revenue.[12]

The Wyss Foundation is one of the organization's financial supporters.

See also

References
  1. Pengelly, Martin (October 11, 2019). "Trump financial records must be given to Congress, appeals court rules". The Guardian. Retrieved 30 October 2019.
  2. Blum, Bill (August 1, 2019). "Supremely Conservative". The Progressive. Retrieved 30 October 2019.
  3. Polantz, Katelyn; Herb, Jeremy (July 8, 2019). "Congressional Democrats subpoena Trump organization". CNN. Retrieved 30 October 2019.
  4. Paul, Deanna (October 15, 2019). "A 'whackadoodle' court ruling about Trump's tax records could ignite a 'constitutional crisis'". Washington Post. Retrieved 30 October 2019.
  5. Mauro, Tony. "Liberals launch firm for constitutional rights", Legal Times, 6 June 2008.
  6. Rosen, Jeffrey. "In Defense of the Constitution: The Battle for Obamacare", The New Republic, 8 June 2012.
  7. Bravin, Jess. "Rethinking Original Intent", The Wall Street Journal, 14 March 2009.
  8. CAC Official Website
  9. Ryan, James. Laying Claim to the Constitution: The Promise of New Textualism Archived 2012-12-24 at the Wayback Machine, Constitutional Accountability Center, 2012.
  10. "Constitutional Progressives: Taking America's Charter Back from the Tea Party". Constitutional Accountability Center. Retrieved 2020-10-18.
  11. Liptak, Adam. "Justices Offer Receptive Ear to Business Interests", The New York Times, 18 December 2010.
  12. Pro Publica, "Tax returns of the Constitutional Accountability Center", retrieved April 25, 2021
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