[Congressional Record (Bound Edition), Volume 161 (2015), Part 11]
[Senate]
[Pages 15595-15596]
[From the U.S. Government Publishing Office, www.gpo.gov]




                        REMEMBERING DOUG KENDALL

  Mr. LEAHY. Mr. President, this past weekend, I learned of the 
untimely passing of Doug Kendall, founder of the Constitutional 
Accountability Center. Doug was a true visionary who helped transform 
how the American public views our Constitution. Despite a recent 
movement to interpret our founding charter in a cramped manner that too 
often leaves our most vulnerable populations unprotected, Doug was able 
to serve as a forceful counterweight and guardian of an inclusive, 
progressive, and faithful understanding of our National Charter, based 
on both the text and history of the document.
  Under his leadership, the Constitutional Accountability Center 
revitalized the debate over the original understanding of the 
Constitution. Doug refused to cede the intellectual ground of 
originalism and textualism to conservative advocates. Significantly, 
the organization he founded was defined as much by its scholarship as 
its effective advocacy.
  Doug made myriad contributions to the world of law and policy, but I 
will point out just two. First, I asked him to testify in March 2010 
before the Senate Judiciary Committee on the Supreme Court's decision 
in Citizens United v. FEC because I knew that no one could better 
articulate the harm that the decision would cause to our democracy. As 
he eloquently testified before the Committee, ``Since the Founding, the 
idea that corporations have the same fundamental rights as `We the 
People' has been anathema to our Constitution. . . . Corporations do 
not vote, they cannot run for office, and they are not endowed by the 
Creator with inalienable rights. `We the People' create corporations 
and we provide them with special privileges that carry with them 
restrictions that do not apply to living persons. These truths are 
self-evident, and it's past

[[Page 15596]]

time for the Court to finally get this right, once and for all.'' While 
the Court was unable to get it right in Doug's lifetime, I believe his 
views will come to be vindicated in time.
  Second, this past year, I introduced a joint resolution with Senator 
Mike Lee of Utah, celebrating the sesquicentennial or the 150th 
anniversary of the 13th Amendment, which, along with the 14th and 15th 
Amendments, make up our Nation's ``second founding.'' The second 
founding, which has served as the bedrock and inspiration to procuring 
equality for racial minorities and women, has too often been overlooked 
by the general public and constitutional scholars. Doug and his 
organization were the intellectual driving force behind advancing this 
important resolution. His contributions to the world of law and policy 
will be sorely missed.
  As accomplished as he was as an advocate and scholar, Doug was an 
even better person. My staff met with him countless times and always 
came away inspired by his intellect and humanity. An article in the 
Washington Post from January 2008 about the historic endorsement that 
then-candidate and Senator Barack Obama received from Senator Ted 
Kennedy noted that Doug was there with his then 8-year old daughter, 
Miracle. Doug had pulled Miracle out of her elementary school that day 
so that she could experience the historic nature of the President's 
candidacy and the bridge between former President Kennedy and future 
President Obama. He stated in the article that he wanted his daughter, 
Miracle, to be inspired. What she will come to know--if she does not 
already--is that her father's life and his accomplishments have helped 
to inspire a new generation. Doug Kendall has reminded us about the 
ever-more inclusive story that is reflected in our Constitution. His 
life was cut short, but his vision--like the Constitution itself--will 
continue to endure and inspire. The Nation has lost a true patriot with 
his passing.

                          ____________________