The American Constitution Society for Law and Policy (ACS) is a left-of-center legal activist group that aims to frame the United States Constitution as a document whose meaning shifts based on historical and political circumstances and that lawmakers should apply its articles and amendments accordingly. To advance this view, often called “living constitutionalism,” ACS hosts discussions and other public events, provides networking opportunities to its supporters in the legal and policymaking fields, and generates talking points for activist lawyers. The ACS touts its preference for recruiting individuals from ethnic and sexual minority backgrounds and recommends that its members implement hiring and mentoring practices that favor these minority groups. ¹

ACS has been described as a “liberal Federalist Society” comparing it to the prominent right-leaning and “originalist” legal advocacy organization. ACS maintains ties with the Democracy Alliance, a network of left-of-center philanthropists and institutional donors that has injected nearly $2 billion into its favored causes since its founding in 2005. The ACS has also received funding from the Tides Nexus, another major left-of-center grantmaking collective, as well as the Open Society Foundations of financier and activist philanthropist George Soros. The organization’s willingness to accept funding from major businesses such as Amazon, Facebook, Google, and Microsoft has earned it criticism from other left-of-center activists who oppose corporate influence on politics. ²

History

The American Constitution Society for Law and Policy (ACS) was founded in 2001 by Georgetown University Law Professor Peter J. Rubin. According to the New York Times, Rubin was inspired to start the foundation to act as a “liberal counterweight” to the growing right-wing Federalist Society during the administration of President George W. Bush. ³

Legal Writings

In December 2024, American Constitution Society published an essay in support of using what it calls “pragmatism” to interpret the Constitution, along with new way to employ this interpretative method, while opposing the originalism. It argued that conservative Supreme Court Justices have inconsistently applied originalism to the benefit of their personal political opinions. To address this, it advocates for a two-step process where prior to hearing cases Justices would compile different relevant interpretations applicable to the case and then debate which would be the most desirable interpretation to apply based on the outcome of the case. ⁴

Advocacy

Gun Control

In a March 2023 blog post, former American Constitution Society for Law and Policy president Russ Feingold asserted that the Second Amendment only applies to granting authority to state militias for the “service of the state” and accused the Supreme Court of preventing gun control policies at the state level through improper interpretations of the Second Amendment. Feingold blamed the National Rifle Association (NRA) and conservatives for popularizing the concept of the individual right to carry firearms, which he described as a “fringe theory” that led to the District of Columbia v. Heller decision. ⁵

Separation of Powers

In December 2020, ACS published a legal brief written by attorney Lindsay Wiley that argued in favor of the idea that the executive branch has the authority to implement lockdowns and other restrictions created in response to the COVID-19 pandemic. It included criticisms of court decisions that ruled against permitting governors and the president from exercising authority not explicitly given to them under appropriate statutes in response to emergencies as well as criticisms of rulings against emergency executive authority based on the nondelegation doctrine. It advocates for limiting the application of the nondelegation doctrine and a left-of-center interpretation of statutes limiting executive power in emergencies. ⁶

Influence

American Constitution Society had substantial influence during the Obama administration. President Barack Obama’s first Attorney General, Eric Holder, was a board member of ACS. Former White House staff secretary Lisa Brown, Domestic Policy Council head Melody Barnes, and Vice President Joe Biden’s former chief of staff Ron Klain also had ties to the organization. ACS also had members on the Obama transition team, and the New York Times speculated that other ACS members would fill judgeships. ⁷

After the election of President Donald Trump, the ACS advocated their opposition to his judicial nominees while holding conference calls with activists to allegedly urge them in pushing for Democratic U.S. Senators to stall the nominees in the confirmation process. ⁸ This was a reversal from ACS’s position from the Obama administration, during which the ACS complained about the stalling of President Obama’s judicial nominees. ⁹

ACS has also joined with other organizations to form a state-policy think tank. In 2015, the ACS’s “American Legislative and Issue Campaign Exchange” joined with two other similar groups to form the State Innovation Exchange. All three groups received a combined total of $9.1 million from George Soros and organizations associated with the billionaire, with ACS receiving $5.8 million. ¹⁰

Following the 2020 general election, American Constitution Society began campaigning and lobbying for then-President-elect Joe Biden to fill judicial vacancies with left-of-center judges. Its goal was to take advantage of Democratic control of the Senate by appointing as many left-of-center judges as possible while also making up for lost opportunities to do so during President Barack Obama’s presidency. ¹¹

Chapters

As of April 2024, the American Constitution Society for Law and Policy has over 200 student and lawyer chapters. These chapters hold local events to collaborate on advocacy efforts. The chapters are composed of current and prospective lawyers, judges, and legal scholars. It provides members access to job banks and networking opportunities to promote the advancement of “progressive leaders” and lawyers. ^{12 13}

ACS’s chapter handbook outlines the organization of the chapter networks. It states the purpose of the local chapters is to recruit “legal minds to articulate a progressive vision of our Constitution and laws” and that the focus of the chapter network is to oppose conservative policies. It promotes the practice of interpreting the Constitution based on “the backdrop of history and lived experiences” and instructs members to work to “debunk” or oppose concepts such as “originalism” and “strict construction.” ¹⁴

Leadership

In March 2025, Zinelle October was named the interim president of the American Constitution Society, after having worked as executive vice president. She previously served as a national urban fellow for the National Association of Latino Elected and Appointed Officials Educational Fund (NALEO) and practiced law in Florida. October is also a national advisory committee member for the Culture of Health Leadership Institute for Racial Healing. ¹⁵

Democratic politician Russ Feingold worked as the president of the American Constitution Society until March 2025. He previously served as a Wisconsin state Senator between 1983 to 1993 and a United States Senator for Wisconsin from 1993 to 2011. Feingold co-sponsored the Bipartisan Campaign Reform Act, commonly known as the McCain-Feingold Act, a major piece of election finance legislation. He was also the only Senator who voted against the initial version of the controversial 2001 Patriot Act, and was a vocal opponent of the Iraq War. ¹⁶

Prior to Feingold, Caroline Fredrickson led ACS. She is a former legal director at NARAL Pro-Choice America (formerly the National Abortion Rights Action League). She also served as chief of staff to U.S. Senator Maria Cantwell (D-WA). She is a senior fellow at the left-of-center Brennan Center for Justice. ¹⁷

Funding

The single largest known backer of the American Constitution Society is George Soros’s Open Society Network. Other major funders include the William and Flora Hewlett Foundation, the Bernard and Anne Spitzer Charitable Trust, and the Democracy Fund¹⁸

From 2015 through 2020, the ACS’s annual revenue fluctuated between $4.5 million and $8.2 million. ¹⁹

According to its 2022 990 form the ACS reported revenue of $6,077,061, expenses at $6,588,977, and total assets of $5,783,763. ²⁰

According to its 2022 annual report, the ACS received reported donations of over $1 million from the Wellspring Philanthropic Fund, Weston Milliken, and the Open Society Foundations. In addition the same report disclosed donations to the ACS from Google and Meta, each donating between $100,000 and $249,000. ²¹

Between 2021 and 2023, ACS reported Open Society Foundations as its top disclosed donor, listing it as having made over $1 million in grants each year to ACS. During that same time period, ACS reported receiving over $2.75 million from Wellspring Philanthropic Fund, $2.5 million from the Bernard and Anne Spitzer Charitable Trust, $2.25 million from the JPB Foundation, and $1 million from Collaborative for Gender and Reproductive Equity (CGRE). ^{22 23 24}

Financials

In 2023, the American Constitution Society for Law and Policy reported $8.6 million in total revenue and $6.4 million in total expenses, including $4.9 million in salaries and compensation for its employees. ²⁵

1. “About ACS.” American Constitution Society. Accessed August 28, 2022.
   https://www.acslaw.org/about-us/
2. “American Constitution Society: What Donors Need to Know.” Blue Tent. Accessed August 28, 2022. https://bluetent.us/organization/american-constitution-society/
3.  Savage, Charlie. “Liberal Legal Group Is Following New Administration’s Path to Power.” New York Times, December 10, 2008. https://www.nytimes.com/2008/12/11/us/politics/11network.html?pagewanted=all
4.  “How to Interpret the Constitution Using a ‘New Pragmatism’: ACS.” American Constitution Society, December 10, 2024. Accessed April 6, 2025. https://www.acslaw.org/expertforum/how-to-interpret-the-constitution-using-a-new-pragmatism/.
5. “America’s Gun Problem Is a Legal Problem: ACS.” American Constitution Society, March 31, 2023. Accessed April 6, 2025. https://www.acslaw.org/inbrief/americas-gun-problem-is-a-legal-problem/.
6. Democracy and delegation in a public health emergency, December 2020. https://www.acslaw.org/wp-content/uploads/2020/12/Wiley_Public-Health-Authorities-Final.pdf.
7. Charlie Savage. “Liberal Legal Group Is Following New Administration’s Path to Power.” The New York Times. December 11, 2008. Accessed September 21, 2017. http://www.nytimes.com/2008/12/11/us/politics/11network.html
8. Lovelace, Ryan. 2017. “Liberal Activists Fretting Trump Takeover Of Federal Judiciary Rally Grassroots In Obstruction Campaign”. Washington Examiner. Accessed September 21 2017. http://www.washingtonexaminer.com/liberal-activists-fretting-trump-takeover-of-federal-judiciary-rally-grassroots-in-obstruction-campaign/article/2633618.
9. “Federal Judicial Nominations | Brennan Center For Justice”. 2017. Brennancenter.Org. Accessed September 21 2017. https://www.brennancenter.org/analysis/federal-judicial-nominations.
10. “Soros Spends More Than $9 Million To Form New Political Money Machine”. 2015. Media Research Center. Accessed September 22 2017. http://www.mrc.org/articles/soros-spends-more-9-million-form-new-political-money-machine.
11. Zoe Tillman. “Trump Filled the Courts with Conservative Judges. It Won’t Be as Easy for Biden to Do the Same with Liberal Ones.” Buzzfeed News. December 18, 2020. Accessed August 28, 2022. https://www.buzzfeednews.com/article/zoetillman/trump-judges-appoint-biden-courts
12. “Lawyer Chapters.” American Constitution Society. Accessed April 6, 2025. https://www.acslaw.org/acs-chapters/lawyer-chapters/.
13. “Student Chapters.” American Constitution Society. Accessed April 6, 2025. https://www.acslaw.org/acs-chapters/student-chapters/.
14. “Lawyer Chapter Handbook.” American Constitution Society, February 6, 2025. Accessed April 6, 2025. https://www.acslaw.org/wp-content/uploads/2025/02/Lawyer-Chapter-Handbook.-2.6.25.pdf.
15. “Zinelle October.” American Constitution Society. Accessed April 6, 2025. https://www.acslaw.org/person/zinelle-october/.
16. “Russ Feingold.” American Constitution Society. Accessed August 28, 2022. https://www.acslaw.org/person/russ-feingold/
17. Fredrickson, Caroline. “Caroline Fredrickson.” Brennan Center for Justice, April 5, 2022. https://www.brennancenter.org/about/staff/caroline-fredrickson  
18. “ACS Supporters.” American Constitution Society. Accessed August 28, 2022. https://www.acslaw.org/about-us/supporters/
19. “American Constitution Society for Law and Policy.” ProPublica Nonprofit Explorer. Accessed August 28, 2022. https://projects.propublica.org/nonprofits/organizations/522313694
20. Return of Organization Exempt from Income Tax (Form 990). American Constitution Society for Law and Policy. 2022. Part I. https://projects.propublica.org/nonprofits/organizations/522313694/202313149349303511/full
21. “2022 Annual Report.” American Constitution Society for Law and Policy, Accessed February 20, 2024. https://www.acslaw.org/about-us/annual-reports/2022-annual-report/
22. “2023 Annual Report.” American Constitution Society. Accessed April 6, 2025. https://www.acslaw.org/about-us/annual-reports/2023-annual-report/.
23. “2022 Annual Report.” American Constitution Society. Accessed April 6, 2025. https://www.acslaw.org/about-us/annual-reports/2022-annual-report/.
24. “2021 Annual Report.” American Constitution Society. Accessed April 6, 2025. https://www.acslaw.org/about-us/annual-reports/2021-annual-report/.
25. Return of Organization Exempt from Income Tax (Form 990). American Constitution Society for Law and Policy. 2023. Part I, Lines 12-18.