One of President Joe Biden's judicial nominees was recently
stumped when Sen. John Kennedy (R-La.) asked her basic questions about the United
States Constitution.
At a Senate Judiciary Committee hearing to consider
several federal court nominees, Kennedy used his opportunity to question Charnelle Marie Bjelkengren, whom Biden appointed for a federal district court
position, by quizzing her knowledge of basic legal texts and theory.
Kennedy queeried Bjelkengren: "Tell me what
Article V of the Constitution does.”
Bjelkengren replied, "Article V is not coming
to mind at the moment."
(Article V of the Constitution explains the
procedure for amending the Constitution, including the process for how
amendments are proposed and how they are ratified.)
Kennedy, pressing on, asked, "How about Article
II?"
"Neither is Article II," Bjelkengren
responded.
(Article II establishes the executive branch
and defines its powers. It explains the role of the presidency, how a president
is elected and removed from office, and the president's unique responsibilities
and powers.)
It’s hard to support and defend the Constitution—or
determine what is or isn’t legal under it-- if you don’t know what’s in it…or
why.
I envision Kennedy asking
Bjelkengren other questions pertinent to the American system of government, of
which she aspires to be a part.
Kennedy: “Ms. Bjelkengren, can
you tell me what the First Amendment to the Constitution does,
what it guarantees?”
Bjelkengren: “I am afraid to
say. Can I plead the Sixth?”
Kennedy: “You mean the Fifth?”
Bjelkengren: “Um, yeah, I
guess so.”
Kennedy: “Do you know what
the Fifth Amendment says?”
Bjelkengren: “I think so………well, no.”
Kennedy: “Shouldn’t a judge, whose job is to uphold the
Constitution, know what is in it?”
Bjelkengren: “Um, yeah, I
guess so, maybe. I don’t know. But I think you are mansplaining
me. And I think you are a misogynist and a homophobe and a transphobe
and part of the white supremacist patriarchy that founded this country in
1619.”
Kennedy (with head hanging
down): “SIGH.”
[Fade]
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