Non-profit

Constitutional Accountability Center (CAC)

Website:

www.theusconstitution.org

Location:

WASHINGTON, DC

Tax ID:

52-2063854

Tax-Exempt Status:

501(c)(3)

Budget (2020):

Revenue: $2,939,257
Expenses: $2,920,313
Assets: $6,780,165

President:

Elizabeth B. Wydra

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Constitutional Accountability Center (CAC) is a left-of-center legal policy think tank that promotes a progressive reading of the U.S. Constitution through policy analysis and amicus briefs. 1 CAC has filed a number of lawsuits against former President Donald Trump, including cases regarding his tax returns and accusations of profiting from foreign governments. 2 3

Background

Constitutional Accountability Center was founded in 2008 by Doug Kendall, an activist litigator also known for founding and directing the Community Rights Council. He passed away in September 2015. 4 5

CAC attempts to both defend an originalist approach to the U.S. Constitution and a left-wing interpretation of it by suggesting that the “Constitution’s text and history command progressive results.” In other words, CAC claims that the Constitution allows for left-of-center development of laws and that originalist-conservative interpreters misunderstand its flexible nature. 6 This school of thought has been termed “New Textualism,” and Kendall has been cited as the major leader of turning the academic concept into legal practice. 7

Activities

Constitutional Accountability Center has filed more than 200 amicus briefs, including more than 100 in U.S. Supreme Court cases. It was a contender for the most amicus victories in the 2015-16 term according to Empirical SCOTUS. It counts among its legal practitioners former clerks for five U.S. appellate judges and a former U.S. Supreme Court clerk. 8

In 2021, director of CAC’s Human Rights, Civil Rights, & Citizenship program David H. Gans wrote an article for The Atlantic arguing that the Constitution guarantees the right to abortion, specifically citing the Fourteenth Amendment. 9

CAC has filed a number of lawsuits against former President Donald Trump, including lawsuits seeking disclosure of his tax returns and accusations that he profited from foreign governments. 10 11

Funders

Donors to Constitutional Accountability Center

The largest known donor ($5 million) to the Constitutional Accountability Center is Fidelity Investments Charitable Gift Fund, a donor-advised fund (DAF) provider; as such, Fidelity should not be considered the actual donor, since the DAF provider’s funds originate with another, unknown donor (or set of donors) which is responsible for directing Fidelity to pass that donor’s grants along to the Constitutional Accountability Center. 12

Liberal billionaire George Soros has also granted at least $2.45 million to the Constitutional Accountability Center through his Foundation to Promote Open Society, one of two major grantmaking entities in the so-called Open Society Network. 13

The left-of-center William and Flora Hewlett Foundation has granted at least $300,000 to the Constitutional Accountability Center. 14

Democracy Alliance

Democracy Alliance is a collective of wealthy left-progressive donors that meet at semi-annual conferences for the purpose of providing a list of recommended recipients to major donors. Constitutional Accountability Center is on Democracy Alliance’s list because it is allegedly “dedicated to the promise of our Constitution.” 15

The following are all known grants to the Constitutional Accountability Center: 16

DonorAmountYearGrant Description
Bernard and Anne Spitzer Charitable Trust$600,0002018General purpose
Fidelity Investments Charitable Gift Fund$1,151,0002017FOR GRANT RECIPIENT'S EXEMPT PURPOSES
Bernard And Anne Spitzer Charitable Trust$600,0002017General purpose
Deer Creek Foundation$250,0002017To support scholarship litigation and public education exposing common misconceptions about the U.S. Constitution and demonstrating that its text and history reveal it to be a progressive document.
Warsh Mott Legacy$45,0002017GENERAL SUPPORT
Wallace Global Fund II$40,0002017General support to protect and expand democratic systems
Fidelity Investments Charitable Gift Fund$1,100,0002016For grant recipent's exempt purposes
Foundation To Promote Open Society$800,0002016To provide general support
Wyss Foundation$400,0002016Charitable contribution
Deer Creek Foundation$200,0002016To support scholarship litigation and public education exposing common misconceptions about the U.S. Constitution and demonstrating that its text and history reveal it to be a progressive document.
William and Flora Hewlett Foundation$100,0002016For general operating support
Wallace Global Fund II$50,0002016General support to protect and expand democratic systems
Warsh Mott Legacy$45,0002016General support
Fidelity Investments Charitable Gift Fund$1,300,0002015
Wyss Foundation$400,0002015Charitable contribution
Deer Creek Foundation$200,0002015To support scholarship litigation and public education exposing common misconceptions about the U.S. constitution and demonstrating that its text and history reveal it to be a progressive document.
William and Flora Hewlett Foundation$100,0002015For general operating support
Wallace Global Fund II$50,0002015General support to protect and expand democratic systems
Fidelity Investments Charitable Gift Fund$1,500,0002014For grant recipient's exempt purposes
Foundation To Promote Open Society$800,0002014To provide general support
Deer Creek Foundation$200,0002014To support scholarship litigation and public education exposing common misconceptions about the U.S. Constitution and demonstrating that its text and history reveal it to be a progressive document
William and Flora Hewlett Foundation$100,0002014For general operating support
C.S. Fund$45,0002014General support
Foundation To Promote Open Society$800,0002013To provide general support
Deer Creek Foundation$150,0002013To support scholarship litigation and public education exposing common misconceptions about the U.S. constitution and demonstrating that its text and history reveal it to be a progressive document.
C.S. Fund$50,0002013General support
Foundation To Promote Open Society$50,0002013To enable the constitutional accountability center to play a key role in the leadership conference education fund-led public advocacy collaborative focused on Shelby County v. Holder and Arizona v. inter-tribal council of Arizona
Tides Foundation$50,0002013Legal advocacy political outreach and media relations work to defend voting rights
Wallace Global Fund II$50,0002013General support for work on jurisprudential innovation
Grand Total:$11,226,000

Leadership

As of 2022, Elizabeth B. Wydra is board president of Constitutional Accountability Center. From 2008 to 2016, Wydra was CAC’s chief counsel, filing more than 200 briefs for the organization and its clients, including governmental organizations, League of Women Voters (LWV), AARP, and Congressional members (parties to more than 50 briefs, including Blumenthal v. Trump, which accused Trump of violating the Foreign Emoluments Clause). Before joining CAC, Wydra was an attorney at the white-shoe firm of Quinn Emanuel Urquhart & Sullivan in San Francisco. She has also previously worked at Georgetown University Law Center, as a law clerk for a judge on the U.S. Court of Appeals for the Ninth Circuit, and as an attorney at Pillsbury Winthrop Shaw Pittman. 17

Other board members included chairman Andrew J. Pincus, a partner at D.C.-based law firm Mayer Brown LLP; Harry Litman, legal affairs columnist for Los Angeles Times; Amtrak general counsel Eleanor D. “Eldie” Acheson; Peter C. Erichsen, partner of Ropes & Gray; Sean Mahoney, vice president and director of the Maine Advocacy Center of the Conservation Law Foundation (CLF); Vivek H. Maru, founder and CEO of the legal advocacy group Namati; associate general counsel of the U.S. and Canada for Uber Technologies Molly Moran; and Elliot Williams, principal of the Raben Group’s Government Affairs Practice Group. 18

References

  1. “About CAC.” Constitutional Accountability Center. Accessed August 27, 2022. https://www.theusconstitution.org/about-cac/.
  2. Paul, Deanna. “A ‘whackadoodle’ court ruling about Trump’s tax records could ignite a ‘constitutional crisis.’” Washington Post. October 15, 2019. Accessed August 27, 2022. https://www.washingtonpost.com/politics/2019/10/15/whackadoodle-court-ruling-about-trumps-tax-records-could-ignite-constitutional-crisis/.
  3. Herb, Jeremy and Polantz, Katelyn. “Congressional Democrats subpoena Trump organization.” CNN. July 8, 2019. Accessed August 27, 2022. https://www.cnn.com/2019/07/08/politics/trump-organization-subpoena/index.html.
  4. “About CAC.” Constitutional Accountability Center. Accessed August 27, 2022. https://www.theusconstitution.org/about-cac/.
  5. “Doug Kendall (1964-2015).” Constitutional Accountability Center. Accessed August 27, 2022. https://www.theusconstitution.org/staff/doug-kendall-1964-2015/.
  6. “Think Tank.” Constitutional Accountability Center. Accessed August 27, 2022. https://www.theusconstitution.org/think_tank/.
  7. Rosen, Jeffrey. “In Defense of the Constitution: The Battle for Obamacare.” The New Republic. June 8, 2012. Accessed August 27, 2022. https://newrepublic.com/article/103943/constitution-avenue-supreme-court.
  8. [1] “About CAC.” Constitutional Accountability Center. Accessed August 27, 2022. https://www.theusconstitution.org/about-cac/.
  9. Gans, David H. “No, Really, the Right to an Abortion Is Supported by the Text and History of the Constitution.” The Atlantic. November 4, 2021. Accessed August 27, 2022. https://www.theatlantic.com/ideas/archive/2021/11/roe-was-originalist-reading-constitution/620600/.
  10. Paul, Deanna. “A ‘whackadoodle’ court ruling about Trump’s tax records could ignite a ‘constitutional crisis.’” Washington Post. October 15, 2019. Accessed August 27, 2022. https://www.washingtonpost.com/politics/2019/10/15/whackadoodle-court-ruling-about-trumps-tax-records-could-ignite-constitutional-crisis/.
  11. Herb, Jeremy and Polantz, Katelyn. “Congressional Democrats subpoena Trump organization.” CNN. July 8, 2019. Accessed August 27, 2022. https://www.cnn.com/2019/07/08/politics/trump-organization-subpoena/index.html.
  12. Information provided by FoundationSearch. Search conducted October 13, 2020. www.FoundationSearch.org
  13. Information provided by FoundationSearch. Search conducted October 13, 2020. www.FoundationSearch.org
  14. Information provided by FoundationSearch. Search conducted October 13, 2020. www.FoundationSearch.org
  15. “Organizations Archive.” Democracy Alliance. Accessed January 25, 2021. http://democracyalliance.org/investments/.
  16. Information provided by FoundationSearch. Search conducted October 13, 2020. www.FoundationSearch.org
  17. “Elizabeth B. Wydra – President.” Constitutional Accountability Center. Accessed August 27, 2022. https://www.theusconstitution.org/staff/elizabeth-b-wydra/.
  18. “Board of Directors.” Constitutional Accountability Center. Accessed August 27, 2022. https://www.theusconstitution.org/about-cac/#board-of-directors.
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Nonprofit Information

  • Accounting Period: December - November
  • Tax Exemption Received: February 1, 1998

  • Available Filings

    Period Form Type Total revenue Total functional expenses Total assets (EOY) Total liabilities (EOY) Unrelated business income? Total contributions Program service revenue Investment income Comp. of current officers, directors, etc. Form 990
    2020 Dec Form 990 $2,939,257 $2,920,313 $6,780,165 $293,690 N $2,824,385 $0 $99,377 $471,424 PDF
    2019 Dec Form 990 $3,801,512 $2,651,052 $6,814,846 $347,315 N $3,716,478 $0 $72,919 $420,177 PDF
    2018 Dec Form 990 $4,298,375 $2,552,802 $5,745,740 $428,669 N $4,255,418 $0 $35,568 $398,544 PDF
    2017 Dec Form 990 $4,505,889 $3,469,685 $3,769,408 $197,910 N $4,485,609 $0 $20,280 $419,933 PDF
    2016 Dec Form 990 $2,807,365 $2,305,073 $2,640,691 $105,397 N $2,793,659 $0 $13,706 $392,056
    2015 Dec Form 990 $3,060,866 $2,337,117 $2,139,902 $106,900 N $3,051,124 $0 $9,742 $359,606 PDF
    2014 Dec Form 990 $2,720,249 $2,255,068 $1,406,532 $97,278 N $2,716,065 $0 $4,184 $192,400 PDF
    2013 Dec Form 990 $1,575,616 $1,882,071 $919,997 $75,924 N $1,572,300 $0 $3,316 $182,000 PDF
    2012 Dec Form 990 $1,996,396 $1,593,199 $1,227,677 $77,149 N $1,992,737 $0 $2,041 $172,640 PDF
    2011 Dec Form 990 $1,495,083 $1,241,537 $788,603 $41,272 N $1,492,402 $0 $2,181 $161,200 PDF

    Additional Filings (PDFs)

    Constitutional Accountability Center (CAC)

    1200 18TH ST NW STE 501
    WASHINGTON, DC 20036-2513