American Constitution Society

History and leadership

The American Constitution Society was founded in 2001 by Peter J. Rubin, 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. ACS received its initial funding from the William and Flora Hewlett Foundation. The Democracy Alliance lists ACS as a recommended funding recipient.

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.

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

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.

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.

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. 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."

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." 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."

References

References

1. (December 10, 2008). "Liberal Legal Group Is Following New Administration's Path to Power". New York Times.
2. (9 May 2013). "American Constitution Society For Law And Policy - Nonprofit Explorer".
3. Michael McGough, [http://old.post-gazette.com/pg/05226/553199-84.stm 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, [http://www.volokh.com/2010/06/19/fedsoc-v-acs/ FedSoc v. ACS] (June 19, 2010). Volokh Conspiracy.
5. Leslie A. Gordon, [http://www.abajournal.com/magazine/article/left_turn_permitted/print/ Left Turn Permitted] (May 1, 2011), ''ABA Journal''.
6. Stephanie Mencimer, [https://www.motherjones.com/politics/2011/05/tea-party-constitution-week-skousen The Tea Party Wants to Teach Your Kids About the Constitution] (May 12, 2011). ''Mother Jones''.
7. Douglas W. Kmiec, [http://www.law.com/jsp/nlj/legaltimes/PubArticleLT.jsp?id=1202429757088&slreturn=1 Let Dawn Do It] (April 13, 2009). ''Legal Times''.
8. (January 23, 2019). "Why There's No Liberal Federalist Society". Politico Magazine.
9. (May 28, 2024). "Feingold to Step Down as American Constitution Society President". news.bloomberglaw.com.
10. (March 22, 2020). "Russ Feingold Takes the Helm at the American Constitution Society". Law.com.
11. (12 January 2018). "About Us". American Constitution Society.
12. "Peter J. Rubin".
13. "Associate Justice Peter J. Rubin {{!}} Mass.gov".
14. (November 24, 2014). "The Democracy Alliance: How a secretive group of donors helps set the progressive agenda". Vox.
15. (September 8, 2014). "New Koch offensive puts spotlight on Democracy Alliance". Washington Post.
16. (November 17, 2008). "Critical moment for liberal law group". Legal Times.
17. "Caroline Fredrickson, The Atlantic". The Atlantic.
18. "Keeping Faith with the Constitution". Oxford University Press.
19. Axelrod, Tal. (2018-11-14). "Over 1,600 lawyers sign letter saying Mueller probe must be protected". The Hill.