Clause 40 Foundation
Public records show a registered, tax-exempt organization in good standing.
Points to look into
- It owes more than it owns.
These come from the organization's own tax return. There may be a good explanation; ask the charity.
What it says it does
CLAUSE 40 FOUNDATION IS A NONPARTISAN ORGANIZATION WHOSE MISSION IS TO HONOR, PRESERVE, AND PROMOTE THE DUE PROCESS RIGHTS GUARANTEED IN THE U.S. CONSTITUTION THROUGH PUBLIC EDUCATION, EVENTS, RESEARCH, LITIGATION, AND MORE. IN THE AMERICAN CRIMINAL LEGAL SYSTEM, THESE CONSTITUTIONAL PRINCIPLES ENCOMPASS A NUMBER OF SPECIFIC ISSUES INCLUDING: THE RIGHT TO HAVE NOTICE OF THE NATION'S CRIMINAL LAWS; THE RIGHT TO PRESENT EVIDENCE; THE FREEDOM FROM UNREASONABLE SEARCHES AND SEIZURES; THE RIGHT TO A FAIR AND IMPARTIAL GRAND JURY; THE RIGHT TO A MEANINGFUL OPPORTUNITY TO BE HEARD BY AN UNBIASED TRIBUNAL IN A TIMELY MANNER; AND THE RIGHT TO BE REPRESENTED BY COUNSEL. CLAUSE 40 FOUNDATION HONORS, PRESERVES, AND PROMOTES THESE CORE CONSTITUTIONAL AMERICAN VALUES THROUGH ITS OWN EDUCATIONAL AND CHARITABLE ACTIVITIES, AS WELL AS THROUGH COLLABORATION ON PROJECTS WITH OTHER NONPROFITS, ACADEMIC INSTITUTIONS, AND INDIVIDUALS.
- Income
- $67,311
- Spending
- $69,769
- Reserves
- -22 months of spending
- Largest source of income
- donations and private grants, 95%
Source: Form 990EZ for the year ending December 31, 2024, filed with the Internal Revenue Service. Rating method 2026.2. How we rate
Financial health
Weak: 11 out of 100. Higher than 2% of charities in its peer group (crime and legal services, under $250k).
Reserves
0 of 35Spendable reserves are negative: it owes or has committed more than it holds.
Debt
0 of 20It owes 591% of what it owns.
Living within its means
8 of 15Spending exceeded income by 4% of income.
Source: Form 990EZ for the year ending December 31, 2024, filed with the Internal Revenue Service. Rating method 2026.2. How we rate
Governance
This organization files the short tax form, which does not ask about boards, policies or audits. That is normal for a small charity and is not a mark against it.
Source: Form 990EZ for the year ending December 31, 2024, filed with the Internal Revenue Service. Rating method 2026.2. How we rate
Impact evidence
Describes programs. Its tax return describes what it does but we have found no measurable results in it.
Programs described in its return (4)
- $11,135 spent. POLICY WORK: THROUGH CREATING AND FUNDING THE CREATION OF REPORTS, WHITE PAPERS, LEGAL BACKGROUNDERS, LONGER RESEARCH PUBLICATIONS, BLOGS, GUIDES, TREATISES, CASE STUDIES, OP-EDS, SOCIAL AND TRADITIONAL MEDIA AND COMMUNICATIONS, AND E-ALERTS, CLAUSE 40 FOUNDATION CREATES AND SUPPORTS ORIGINAL NONPARTISAN ANALYSIS, STUDY, RESEARCH, AND WRITING TO PROVIDE DATA AND EDUCATION TO THE PUBLIC PERTAINING TO DUE PROCESS-RELATED CRIMINAL LAW ISSUES IN ORDER TO PROMOTE THESE VALUABLE CONSTITUTIONAL RIGHTS. POLICY AREAS IN WHICH CLAUSE 40 FOUNDATION FOCUSED IN 2024 INCLUDE: INCREASING PROSECUTORIAL ACCOUNTABILITY; PRESERVATION AND RESTORATION OF CRIMINAL LAW PROCEDURAL DUE PROCESS RIGHTS; CURTAILING WARRANTLESS SURVEILLANCE; ENHANCING PUBLIC SAFETY; AND SUPPORTING REENTRY OF FORMERLY INCARCERATED PERSONS AND PROVIDING THEM WITH "SECOND CHANCES." CLAUSE 40 FOUNDATION ALSO MAINTAINS A LEGAL EXTERNSHIP PROGRAM IN ORDER TO ENCOURAGE THE DEVELOPMENT OF NEW LEGAL SCHOLARS AND LITIGATORS IN THIS SPACE, ALTHOUGH THE PROGRAM DID NOT HOST ANYONE IN 2024 DUE TO A LACK OF SUPERVISORY STAFF.
- $6,442 spent. EVENTS: THROUGH PROGRAMS, SEMINARS, LECTURES, FILM SCREENINGS, BOOK EVENTS, AND CONTINUING LEGAL EDUCATION (CLE) EVENTS, THE FOUNDATION PROVIDES EDUCATION NATIONWIDE TO ACADEMICS, LAWYERS, ADVOCATES, JOURNALISTS, AND THE GENERAL PUBLIC AT LARGE WITH RESPECT TO A WIDE RANGE OF CRIMINAL LAW CONSTITUTIONAL DUE PROCESS CONCERNS. THE GOAL OF THESE EFFORTS IS TO CULTIVATE A BETTER PUBLIC KNOWLEDGE AND UNDERSTANDING OF THE PROCEDURAL DUE PROCESS RIGHTS PROTECTED BY THE U.S. CONSTITUTION AND TO IMPROVE AWARENESS OF WAYS IN WHICH OUR CRIMINAL LEGAL SYSTEM COULD IMPROVE PROCEDURAL FAIRNESS. IN 2024, CLAUSE 40 FOUNDATION CO-HOSTED "TWO VIEWS: AN EXPLORATION OF KEY CASES FROM THE SUPREME COURT'S CRIMINAL LAW DOCKET," A WIDELY ATTENDED LIVE CLE EVENT THAT FEATURED TWO CONSTITUTIONAL LAW EXPERTS DISCUSSING THE MOST IMPORTANT CRIMINAL LAW CASES BEFORE THE COURT.
- $1,437 spent. LITIGATION: CLAUSE 40 FOUNDATION DIRECTS AND SUPPORTS EFFORTS TO PRESERVE PROCEDURAL DUE PROCESS RIGHTS THROUGH LITIGATION, PARTICULARLY THROUGH THE FILING OR FUNDING OF AMICUS OR "FRIEND OF THE COURT" LEGAL BRIEFS. THIS WORK FURTHERS CLAUSE 40 FOUNDATION'S CHARITABLE MISSION OF DEFENDING HUMAN AND CIVIL RIGHTS SECURED BY LAW--NAMELY THE PROCEDURAL DUE PROCESS RIGHTS ENSHRINED IN THE U.S. CONSTITUTION. THIS YEAR THE FOUNDATION FILED IN A CASE IN WHICH WE ARGUED THAT REMOTE WITNESS TESTIMONY CANNOT BE SQUARED WITH THE SIXTH AMENDMENT'S CONFRONTATION CLAUSE. IT ALSO FILED IN A CASE CONCERNING THE SUFFICIENCY OF THE FACTUAL ALLEGATIONS IN A FEDERAL GRAND JURY INDICTMENT.
- HONORING DUE PROCESS RIGHTS: CLAUSE 40 FOUNDATION PLANS TO HONOR THE IMPORTANCE OF DUE PROCESS RIGHTS THROUGH PROJECTS SUCH AS THE AWARDING OF A "DUE PROCESS TORCH" TO INDIVIDUALS AND ORGANIZATIONS WHO HAVE CONTRIBUTED IN A MEANINGFUL WAY TO THE PRESERVATION OF DUE PROCESS IN THE U.S. CRIMINAL LEGAL SYSTEM. (THE AWARD WAS NOT AWARDED IN 2024 DUE TO A LACK OF FUNDING AND STAFF.)
Source: Form 990EZ for the year ending December 31, 2024, filed with the Internal Revenue Service. Rating method 2026.2. How we rate
Legitimacy checks
Is it registered with the IRS? Passed.
Listed in the IRS master file of tax-exempt organizations as a 501(c)(3) charitable organization.
Source: Exempt Organizations Business Master File, Internal Revenue Service, file dated October 13, 2026.
Has the IRS revoked its tax-exempt status? Passed.
Not on the IRS automatic revocation list.
Source: Automatic revocation of exemption list, Internal Revenue Service, file dated November 6, 2026.
Are donations tax-deductible? Passed.
On the IRS list of organizations eligible to receive tax-deductible contributions.
Source: Publication 78 data: organizations eligible for tax-deductible contributions, Internal Revenue Service, file dated October 13, 2026.
Is it keeping up with its IRS filings? Passed.
Most recent return on file covers the year ending December 2024.
Source: Exempt Organizations Business Master File, Internal Revenue Service, file dated October 13, 2026.
How long has it been tax-exempt? Passed.
Recognized by the IRS since January 2020.
Source: Exempt Organizations Business Master File, Internal Revenue Service, file dated October 13, 2026.
Is it in good standing with state regulators? Passed.
Not on California's list of charities barred from soliciting. Other states are not yet checked.
Source: May Not Operate or Solicit for Charitable Purposes list, California Attorney General, Registry of Charities and Fundraisers, file dated November 4, 2026.
Ratings and checks are our reading of public records, using the published method. They are not a statement about anyone's honesty. If you work for this organization, you can send corrections or results, confirm you want gifts through Veridonate, or ask to be removed from giving.