Sen. John Kennedy grills Biden judicial nominees on the Constitution, originalism
Sen. John Kennedy, R-La., asked four Biden judicial nominees a series of questions on the Constitution and constitutional interpretation during a Senate Judiciary Committee confirmation hearing on Wednesday, Jan. 25, 2023.
Judge Charnelle Bjelkengren, a Biden judicial nominee for U.S. District Court for the Eastern District of Washington, went viral on Twitter for her failure to recall basic U.S. Constitution knowledge on Thursday.
The Senate Judiciary Committee met for a confirmation hearing earlier that morning when Sen. John Kennedy, R-La., began his time asking Bjelkengren about different parts of the U.S. Constitution.
"Tell me what Article V of the Constitution does," Kennedy requested.
"Article V is not coming to mind at the moment," she responded.
Sen. John Kennedy, R-La., asked four Biden judicial nominees a series of questions on the Constitution and constitutional interpretation during a Senate Judiciary Committee confirmation hearing on Wednesday, Jan. 25, 2023. (Fox News)
SEN. KENNEDY STUMPS BIDEN NOMINEE WITH BASIC QUESTIONS ABOUT THE CONSTITUTION
"How about Article II?" he pressed.
"Neither is Article II," Bjelkengren admitted.
The awkward exchange was shared by multiple social media users shocked at sight of a potential district court judge not knowing the U.S. Constitution.
"Hoo boy this is bad," National Review senior writer Dan McLaughlin tweeted.
Judicial Network president Carrie Severino wrote, "This is shocking to hear from a federal judicial nominee up for a lifetime appointment. Article II governs the Executive Branch. This is basic middle school civics class stuff."
"To be fair, Article V might be tough to recall on the spot. But difficult to excuse this judicial nominee's drawing a blank on Article II," Judicial Watch president Tom Fitton agreed.
The U.S. Constitution was ratified by nine of the 13 states, making it binding. (iStock)
Washington Free Beacon investigative reporter Chuck Ross remarked, "Sen. Patty Murray yesterday introduced Charnelle Bjelkengren as an ‘exceptional nominee’ at a Senate Judiciary Committee hearing. Murray said she supported Bjelkengren, who is black, because ‘a judiciary that reflects the diversity of this country.’"
"You can apparently make it through high school, get a BA, law degree, and sit as a judge on a federal court and still not be able to answer questions presumably related to your expertise that an 8th grader was typically required to know a century ago," Daily Signal columnist Jarrett Stepman wrote.
"We've come along way from Amy Coney Barrett's blank notebook," Fort Worth Star-Telegram writer Nicole Russell tweeted.
Article II enumerates the powers of the executive branch, investing the executive powers to the U.S. president while Article V of the Constitution concerns the amendments process.
Kennedy also questioned Bjelkengren on "purposivism," referring to the philosophy of a judge defending the spirit of the law rather than the text. Bjelkengren similarly could not respond.
Judge Charnelle Bjelkengren of the Spokane County Superior Court in Eastern Washington. (Fox News)
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"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."