Sen. Kennedy stumps Biden nominee with basic questions about the Constitution

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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. 

A Biden judicial nominee was unable to answer basic questions about the U.S. Constitution posed by Sen. John Kennedy, R-La., during a Senate hearing on Wednesday.

Judge Charnelle Bjelkengren, of Spokane County Superior Court in Washington State, was nominated by President Biden to serve on the U.S. District Court for the Eastern District of Washington. During her confirmation hearing before the Senate Judiciary Committee, Bjelkengren could not answer Kennedy's questions about what different parts of the U.S. Constitution do and how courts might interpret laws. 

"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. 

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Judge Charnelle Bjelkengren of the Spokane County Superior Court in Eastern Washington. (Fox News)

Sen. John Kennedy, R-La., asked four Biden judicial nominees a series of questions about the Constitution and constitutional interpretation during a Senate confirmation hearing on Wednesday. (Fox News)

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"How about Article II?" Kennedy followed-up, but she was unable to recall the answer. 

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. 

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Sen. John Kennedy, R-La., talks to reporters as he arrives in the Capitol in Washington, D.C., on Wednesday. (Bill Clark/CQ-Roll Call, Inc via Getty Images)

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. 

Bjelkengren is a graduate of Mankato State University and received her law degree from Gonzaga University School of Law in 2000. She previously served as an assistant attorney general for the Washington Attorney General's Office. 

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In 2013, Bjelkengren became an administrative judge for the Office of Administrative Hearings in Washington State. 

In 2019, Democratic Gov. Jay Inslee appointed Bjelkengren to the Spokane County Superior Court, and she became the first female African American judge in Eastern Washington.