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American Constitution Society

American Constitution Society
Formation2001; 23 years ago (2001) [1]
Founded atGeorgetown University
TypeLegal
Legal status501(c)(3) nonprofit
PurposePolitical advocacy
Location
Coordinates38°54′00″N 77°01′52″W / 38.900°N 77.031°W / 38.900; -77.031
President
Russ Feingold[2] (until April 2025)
Websiteacslaw.org

The American Constitution Society (ACS) is a progressive legal organization. ACS was created as a counterweight to, and is modeled after, the Federalist Society, and is often described as its progressive counterpart.[3][4][5][6][7]

ACS hosts conferences, sponsors chapters of law students and practicing attorneys, engages in education projects, and advocates for progressive judicial nominations.[8]

Founded in 2001 following the U.S. Supreme Court decision Bush v. Gore, ACS is headquartered in Washington, D.C.[1] Former Democratic U.S. Senator Russ Feingold has served as the organization's president since 2020. Feingold announced he would step down as president effective April 1, 2025.[9]

The group's stated mission is "to support and advocate for laws and legal systems that redress the founding failures of our Constitution, strengthen our democratic legitimacy, uphold the rule of law, and realize the promise of equality for all, including people of color, women, LGBTQ+ people, people with disabilities, and other historically excluded communities."[10]

History and leadership

The American Constitution Society was founded in 2001 by Peter J. Rubin,[11][12] a jurist who served as counsel to Al Gore in the legal battle over the 2000 election. The group was originally known as the Madison Society for Law and Policy. The organization was formed as a counterweight to the conservative Federalist Society. It was founded in order to build a network of progressive lawyers and foster new avenues of progressive legal thought.[1][13] ACS received its initial funding from the William and Flora Hewlett Foundation.[1][14] The Democracy Alliance lists ACS as a recommended funding recipient.[15][16]

In 2008, ACS's executive director, Lisa Brown, went on leave to serve on the Barack Obama transition team. She headed the president-elect's agency review team and later served as the first White House Staff Secretary in the Obama White House.[17]

Caroline Fredrickson was the group's president from 2009 to 2019.[18]

Members of the organization's board of directors have included David Halperin, a speechwriter in the Bill Clinton administration who also served as the organization's founding executive director from 2001 to 2003; and Eric Holder, former Attorney General of the United States.[1][14] Among the organization's former board chairs is California Supreme Court Judge Goodwin Liu.[19]

Activities

In 2009, ACS published Keeping Faith with the Constitution by Pamela S. Karlan, Goodwin Liu, and Christopher H. Schroeder. It was re-issued by Oxford University Press in 2010. The book serves as a primer for progressives interested in promoting liberal constitutionalism.[20]

On November 14, 2018, the American Constitution Society released a letter signed by over 1,600 attorneys nationwide calling for lawmakers and Justice Department officials to protect the special counsel's Russia probe in light of Matthew Whitaker's appointment as acting attorney general.[21] The signatories call for Whitaker to recuse himself or "otherwise be removed from overseeing the Mueller investigation as a result of his profound ethical conflicts."[21]

In 2019, Politico magazine published an article by legal academic Evan Mandery titled "Why There's No Liberal Federalist Society." The article noted that while the ACS's operations mirror the Federalist Society's, "The playing field is decidedly not level. The Federalist Society has more student chapters, more than twice as many lawyer chapters and a huge fundraising edge. In 2016, ACS had total revenues of approximately $6.5 million, while the Federalist Society took in $26.7 million. And the relative impact of the organizations can hardly be compared. The federal and state judiciaries are filled with Federalist judges, but there are no 'ACS' judges to be found on the Supreme Court or the federal benches. It's just not a thing."[8] Mandery writes that the liberal legal academy "hasn't come up with an easily digestible rival idea" to the originalism of the Federalist Society, and that the ACS's "focus on outcomes rather than first principles immediately colors it with politics."[8]

See also

References

  1. ^ a b c d e Savage, Charlie (December 10, 2008). "Liberal Legal Group Is Following New Administration's Path to Power". New York Times. Retrieved January 29, 2015.
  2. ^ Thomsen, Jacqueline (March 22, 2020). "Russ Feingold Takes the Helm at the American Constitution Society". Law.com. The National Law Journal. Retrieved April 8, 2020.
  3. ^ Michael McGough, Supreme Court nomination battle spotlights legal societies and their divergent views: Newer American Constitution Society modeled on more conservative Federalist Society (August 14, 2005), Pittsburgh Post-Gazette.
  4. ^ Jonathan H. Adler, FedSoc v. ACS (June 19, 2010). Volokh Conspiracy.
  5. ^ Leslie A. Gordon, Left Turn Permitted (May 1, 2011), ABA Journal.
  6. ^ Stephanie Mencimer, The Tea Party Wants to Teach Your Kids About the Constitution (May 12, 2011). Mother Jones.
  7. ^ Douglas W. Kmiec, Let Dawn Do It (April 13, 2009). Legal Times.
  8. ^ a b c Mandery, Evan (January 23, 2019). "Why There's No Liberal Federalist Society". Politico Magazine. Retrieved June 3, 2024.
  9. ^ Headley, Tiana (May 28, 2024). "Feingold to Step Down as American Constitution Society President". news.bloomberglaw.com. Retrieved June 3, 2024.
  10. ^ "About Us". American Constitution Society. January 12, 2018. Retrieved June 3, 2024.
  11. ^ "Peter J. Rubin". Retrieved May 22, 2024.
  12. ^ "Associate Justice Peter J. Rubin | Mass.gov". www.mass.gov. Retrieved May 22, 2024.
  13. ^ Fletcher, Michael (December 7, 2008). "Legal Organization May Become Influential Beyond Its Dreams". Washington Post. Retrieved January 29, 2015.
  14. ^ a b Nix Hines, Crystal (June 1, 2001). "Young Liberal Law Group Is Expanding". New York Times. Retrieved January 29, 2015.
  15. ^ Prokop, Andrew (November 24, 2014). "The Democracy Alliance: How a secretive group of donors helps set the progressive agenda". Vox. Retrieved January 29, 2015.
  16. ^ Gold, Matea (September 8, 2014). "New Koch offensive puts spotlight on Democracy Alliance". Washington Post. Retrieved January 29, 2015.
  17. ^ Jeffrey, Jeff (November 17, 2008). "Critical moment for liberal law group" (PDF). Legal Times. Archived from the original (PDF) on February 5, 2009. Retrieved December 16, 2008.
  18. ^ "Caroline Fredrickson, The Atlantic". The Atlantic. Retrieved December 27, 2024.
  19. ^ "Goodwin Liu Explains Genesis of American Constitution Society – In the News". sites.law.berkeley.edu. Retrieved January 20, 2022.
  20. ^ "Keeping Faith with the Constitution". Oxford University Press. Retrieved January 29, 2015.
  21. ^ a b Axelrod, Tal (November 14, 2018). "Over 1,600 lawyers sign letter saying Mueller probe must be protected". The Hill. Retrieved November 16, 2018.
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