Former Vice President Kamala Harris has sparked a debate over the scope of constitutional reform proposals within the Democratic Party after she called for a "no bad ideas brainstorm" in a livestream appearance on the "Win with Black Women" podcast. In the session, Harris suggested that Democrats should consider structural changes to American institutions if they retake political power, including expanding the Supreme Court, admitting Puerto Rico and Washington D.C. as states, and eliminating the Electoral College.
The remarks, which Harris described as "throwing out there" ideas for discussion, have drawn criticism from conservative legal scholars who argue such proposals would undermine democratic norms and institutional stability. Jonathan Turley, a law professor at George Washington University writing in The Hill, called the suggestions "bad ideas" that would "destroy the very institutions and values that created the most successful and stable democracy in history."
What the Right Is Saying
Turley argues that proposals to pack courts, eliminate the Electoral College, and add states represent an effort "to circumvent small-D democratic processes in order to guarantee power" for Democrats. He writes that "there are bad ideas, just as there are bad people who want to win at any cost," arguing that such changes would undermine constitutional protections designed by the Founding Fathers.
House Minority Leader Hakeem Jeffries (D-N.Y.) has called the Supreme Court "illegitimate" and advocated for what he described as a "massive overhaul" of both state and federal courts. Turley characterizes this rhetoric as part of a broader effort to "normalize extreme measures."
Conservatives also point to recent litigation involving Virginia's redistricting maps, where Democrats challenged Republican-drawn districts in court. Turley notes that some Democratic legal figures suggested options including forcing justices into early retirement or invoking state constitutional provisions to effectively dissolve the existing government over the dispute.
"The American Constitution was a rejection of the 'bad ideas' that politicians have historically used," Turley wrote, arguing that the Framers designed the system specifically "to avoid democracy becoming what Benjamin Rush called a mobocracy."
What the Left Is Saying
Progressive advocates argue that structural reforms are necessary to address what they characterize as undemocratic elements of the current system. Supporters note that Democrats have long advocated for D.C. statehood, arguing that residents of the district pay federal taxes but lack full representation in Congress. Regarding Puerto Rico, polls have shown varying levels of support among island residents for potential statehood, with recent referenda showing majority support.
On court reform, some Democratic strategists point to what they describe as an already imbalanced judiciary. They note that multiple current Supreme Court justices were appointed by presidents who lost the national popular vote, and that Senate Republicans blocked consideration of Merrick Garland in 2016 before later confirming Amy Coney Barrett after early voting had begun in 2020. Former Attorney General Eric Holder has publicly advocated for expanding the court, framing it as necessary to restore balance.
Advocates for Electoral College reform argue the system is outdated and does not reflect democratic principles of one-person-one-vote. The National Popular Vote Interstate Compact, which would effectively abolish the Electoral College without a constitutional amendment, has been adopted by 17 states representing 209 electoral votes.
What the Numbers Show
D.C. statehood polls have shown majority support among Americans in recent years, with Gallup recording 52 percent favorability in 2023. However, support breaks largely along party lines, with most Republicans opposed.
The Electoral College has been the subject of multiple reform proposals. A 2019 Gallup poll found 61 percent of Americans preferred abolishing the Electoral College in favor of a direct popular vote for president, though this represented a decline from 67 percent in 2011.
Supreme Court expansion has gained traction among some Democrats following recent rulings on abortion, gun rights, and executive power. A 2023 Quinnipiac poll found 53 percent of Americans opposed adding more justices to the court, while 41 percent supported it.
Puerto Rico's political status remains unresolved. The island held a non-binding referendum in 2020 in which 52.5 percent voted for statehood, though voter turnout was historically low at 55 percent.
The Bottom Line
The debate over constitutional reform reflects deeper divisions about the nature of American democracy and whether existing institutions require structural changes or protection from those who would alter them. Harris's comments illustrate ongoing tensions within the Democratic coalition about how to address perceived shortcomings in the current system.
Legal scholars across the ideological spectrum have warned that court-packing proposals could trigger cycles of retaliation, with each party adding justices when it gains power. Constitutional amendments on Electoral College reform would require two-thirds congressional approval and three-fourths state ratification, a high bar given partisan polarization.
What remains clear is that questions about institutional structure remain central to American political debate, with both sides framing their positions as necessary either for reform or preservation of democratic norms.