It’s Constitution 101!
During Wednesday’s hearing before the Senate Judiciary Committee, Biden judicial nominee Judge Charnelle Bjelkengren failed to answer simple questions asked by Senator Kennedy (R-LA) about the Constitution.
“Tell me what Article V of the Constitution does,” Kennedy instructed Bjelkengren at the beginning of his question time.
“Article V is not coming to mind at the moment,” the judge said.
“How about Article II?” Kennedy asked.
She couldn’t answer that one, either.
From Fox News:
Article V of the Constitution concerns the amendments process, and Article II invests the executive power in the president of the United States, enumerating the powers of the executive branch.
Next, Kennedy asked if Bjelkengren knew what “purposivism” is, but she was again unable to give an answer. Purposivism, or the purposive approach, is a philosophy of interpreting the law that emphasizes the law’s purpose — advocating for judges to enforce the spirit of the law when it contradicts with the text of the law, according to Harvard Law professor John F. Manning, writing in the Columbia Law Review. In contrast, textualists argue that judges must strictly adhere to the law’s enacted text, when it is clear.
However, the question was lost on Bjelkengren.
“In my 12 years as an assistant attorney general, in my nine years as a judge, I was not faced with that precise question,” Bjelkengren said. “We are the highest trial court in Washington state, so I’m frequently faced with issues that I’m not familiar with, and I thoroughly review the law, I research, and apply the law to the facts presented to me.”
Kennedy did not seem impressed. “Well, you’re going to be faced with it if you’re confirmed, I can assure you of that,” he said.
Watch the clip above.
Sen. Kennedy stumps Biden nominee with basic questions about the Constitution https://t.co/nrdryBxcec
— Fox News Politics (@foxnewspolitics) January 26, 2023