Who We Are
The Center for Constitutional Responsibility is dedicated to preserving the separation of powers and the accountability of the political branches at all levels of government in the United States. In particular, the Center is concerned with the increasingly common delegation to unaccountable private parties of the executive’s exclusive power to enforce public law to politically unaccountable private parties. This delegation – which deputizes the plaintiffs’ bar and private citizens to act as roving, unaccountable “private attorneys general” – is a threat to democratic accountability and the cohesiveness of our union. Laws, especially on contentious topics, should be enforced by government officials that answer to the Constitution and the people. The Center aims to prevent the unwise and unconstitutional delegation of sovereign enforcement authority.
In the Courts
Challenging Constitutionality of DC Consumer Law
The Center for Constitutional Responsibility has asked the D.C. Superior Court to allow us to intervene in Environmental Working Group v. Tyson Foods—not to take sides on the facts of the case, but to challenge the constitutionality of the D.C. Consumer Protection Procedures Act itself.
The law lets uninjured, unelected organizations act as private attorneys general, raising serious concerns about due process and separation of powers. We believe this kind of unchecked enforcement violates the Constitution.
Read the Center for Constitutional Responsibility’s motion here.
CCR Files Amicus Brief Challenging Constitutionality of False Claims Act’s Qui Tam Provision
The Center for Constitutional Responsibility has filed an amicus brief in the 11th Circuit Court of Appeals in United States ex rel. Zafirov v. Florida Medical Associates. The brief argues that the False Claims Act’s qui tam provision—which allows private individuals to sue on behalf of the federal government—violates Article II of the Constitution by handing executive power to unappointed, unaccountable actors.
Read the Center for Constitutional Responsibility’s amicus brief here.
ACHESON HOTELS, LLC V. LAUFER - TESTER PLAINTIFFS
In Acheson Hotels LLC v. Laufer the Supreme Court was asked to resolve a circuit split over whether ADA tester plaintiffs have Article III standing to sue hotels for ADA violations even if they never intend to visit those hotels. The Center for Constitutional Responsibility filed amicus briefs supporting Acheson Hotels at both the certiorari and merits stage—arguing that allowing ADA tester plaintiffs to have Article III standing would violate Article II and compound the growing problems that arise when private parties wield executive power. Although the Supreme Court dismissed the case as moot on standing grounds, Justice Thomas signaled that he shares our constitutional concerns and picked up on several arguments CCR made in its briefs to the Court.
In the News
CCR Files Amicus Brief Challenging Constitutionality of False Claims Act’s Qui Tam Provision
FOR IMMEDIATE RELEASE Center for Constitutional Responsibility Files Amicus Brief Challenging Constitutionality of False Claims Act’s Qui Tam Provision Arlington,…
The Center for Constitutional Responsibility Asks District of Columbia Court to Consider Legality of Consumer Protection Law
Arlington, VA (February 28, 2025) – The Center for Constitutional Responsibility has asked the District of Columbia Superior Court to…
State-Level Private Enforcement Is Much More Complicated Than Previously Thought
New research on state laws that delegate enforcement to citizens. “Our findings show that state private enforcement is large, significant,…
State and Federal “Private Right of Action” Legislation: Are These Mechanisms Wise or Worrisome?
Executive Director Karen Harned joins this discussion and presents the legal problems with laws that create private rights of action…
Leadership
Karen R. Harned
Executive Director
Ms. Harned has over 33 years of legal, regulatory, legislative, and communications experience defending the freedoms afforded to all Americans by the...
Board of Directors
Adam White
President
Adam White is a senior fellow at the American Enterprise Institute, where he focuses on American constitutionalism, the Supreme Court, and the...
Peter J. Wallison
Treasurer
Peter J. Wallison is a senior fellow emeritus at the American Enterprise Institute (AEI), where he studies constitutional law and the growth of...
James R. Copland
Secretary
James R. Copland is a senior fellow at the Manhattan Institute and director of Legal Policy. In those roles, he develops and communicates novel...