Portrait of Elizabeth Warren
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Elizabeth Warren on Constitutional Issues

Advocate for Judicial Reform (strong)

Elizabeth Warren frequently addresses Constitutional Issues, primarily through the lens of Supreme Court integrity and the balance of governmental power. She contends that the current Court has deviated from established law and acts in a pro-corporate manner, leading her to call for structural reforms.

Warren argues that Congress must exercise its Constitutional authority to rebalance the judiciary, citing historical precedent for altering the size of the Court. She links perceived judicial overreach—such as rulings impacting presidential accountability or federal agency power—to a threat against the democratic foundations of the nation.

Her specific proposals include advocating for term limits for justices and expanding the number of seats on the Supreme Court, which she suggests can be done without a constitutional amendment. Furthermore, Senator Warren has emphasized holding the executive branch accountable according to Constitutional responsibility, such as during discussions about presidential impeachment.

Context

Senator Elizabeth Warren's background as a Harvard Law School professor informs her approach to Constitutional Issues, often centering on the role of law in protecting consumers and balancing corporate power against the public interest.

Her creation of the Consumer Financial Protection Bureau (CFPB) was a major effort to exercise Congressional authority in consumer protection, an area where she later criticized the Supreme Court for perceived overreach that threatened agency power.

Actions Taken

  1. Advocacy Speech
    Delivered a speech on the Senate floor supporting a constitutional amendment introduced by Senator Tom Udall that would allow Congress and states to regulate campaign finance.
  2. Political Stance
    Called for the impeachment inquiry against President Donald Trump to move forward, citing it as Congress's constitutional responsibility.
  3. Legislative Advocacy
    Published an op-ed calling for the Supreme Court to be expanded by four or more seats and announced she would cosponsor the Judiciary Act of 2021.

Key Quotes

This is the time to amend the Constitution. I urge my colleagues to support this effort.

Senate floor speech September 9, 2014 — In support of a constitutional amendment to regulate campaign finance.

No one is above the law, not even the president of the United States. It's Congress' constitutional responsibility to hold Trump accountable.

YouTube video January 10, 2020 — Regarding the impeachment inquiry into President Donald Trump.

We have a Supreme Court that has basically jumped the guard rails and is out there giving power to the president, saying that the President can commit any act that the President wants, saying that Congress cannot authorize agencies to act.

CNN State of the Union interview July 28, 2024 — Explaining the need for Supreme Court reform like term limits and expansion.

I believe in an independent judiciary. I also believe in a judiciary that upholds the rule of law — not one that ignores it to promote a deeply unpopular and partisan agenda at odds with the Constitution and the settled rights of our citizens.

Boston Globe op-ed December 15, 2021 — Arguing for the necessity of Supreme Court expansion.

Related Positions

  • campaign-finance-reform She supports a constitutional amendment to explicitly grant states and Congress authority to regulate campaign finance, reversing the impact of 'Citizens United'.
  • judicial-ethics Warren has proposed extending ethical rules, like stock trading bans and mandatory recusal explanations, to Supreme Court justices.
  • presidential-accountability She asserts Congress's constitutional responsibility to hold the President accountable, strongly supporting impeachment inquiries in certain circumstances.

Criticism

Constitutional Accountability Center

Warren's criticism of the Supreme Court for its pro-corporate trend, citing studies about the Chamber of Commerce's high win rate, drew fire from the right, though the Constitutional Accountability Center supported her claims about the Court's pro-business tilt.

Commentators/Legal Scholars

Some critics argue her proposed judicial reforms, like promising to appoint only 'advocates for workers,' show a lack of conception for the proper judicial role, favoring outcome-based constitutionalism.