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Sen. Kennedy Stumps Biden Nominee With Basic Questions About the Constitution

The nominee for the Biden court was unable answer basic questions about the U.S. Constitution Sen. John Kennedy, R.-La., posed the following question during Wednesday’s Senate Hearing.

Judge Charnelle Bjelkengren, of Spokane County Superior Court in Washington StatePresident Biden appointed her to the U.S. District Court of the Eastern District. 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 stated. 

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Judge Charnelle Bjelkengren of the Spokane County Superior Court in Eastern Washington.

Judge Charnelle J. Bjelkengren, Spokane County Superior Court, 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.

Senator John Kennedy (Republican-Leader) asked four Biden judicial nominees questions about the Constitution during Wednesday’s Senate confirmation hearing.
(Fox News)

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“How about Article II?” Kennedy did follow-up but could not recall the answer. 

Article V of the Constitution deals with the amendments process. Article II entrusts the executive authority in the president of the United States, listing the powers of executive branch. 

Next, Kennedy asked if Bjelkengren knew what “purposivism” She was unable to answer again. Purposivism, also known as the purposive approach to life, is a philosophy that focuses on the purpose of living. 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. Textualists, on the other hand, argue that judges should strictly follow 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.

As Sen. John Kennedy (Republican from Louisiana) arrives at the Capitol in Washington D.C.
(Bill Clark/CQ Roll Call, Inc via Getty Images

Bjelkengren, however, was not able to answer this question. 

“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 was not impressed. “Well, you’re going be.” faced with it if you’re confirmed“I can guarantee that,” he stated. 

Bjelkengren, a Mankato State University graduate, received her law degree in 2000 from Gonzaga University School of Law. Prior to that, she was an assistant attorney general at the Washington Attorney General’s Office. 

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2013 saw Bjelkengren become an administrative judge at the Office of Administrative Hearings of Washington State. 

2019 Democratic Governor. Jay Inslee appoints Bjelkengren to Spokane County Superior Court. She is the first African American woman judge in Eastern Washington. 


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