Posted on 10/31/2019 4:34:00 AM PDT by MarvinStinson
'You would not allow women and blacks to vote because that was not in the Constitution when it was ratified'
Sen. Mazie Hirono (D., Hawaii) attacked a judicial nominee Wednesday, charging that he would rule against suffrage for blacks and women if a hypothetical U.S. Constitution banned them from voting.
Hirono took issue with Trump judicial nominee Lawrence VanDyke's statement that he would "look to the Constitution" when considering whether laws were constitutional. She said during a Judiciary Committee hearing such an approach would threaten the voting rights of minorities and women if the Constitution had not already been changed to ensure voting rights for minorities and women.
"You testified that you would look to the Constitution and what was meant in the Constitution at the time that it took effect, with enactment, ratification, whatever," Hirono said. "This was back in 1789, when blacks couldn't vote and women couldn't vote. So if the Constitution had not been amended to let women and blacks vote, you would interpret the Constitution as not allowing these groups to vote?"
"Senator, the Constitution has been amended, and I'm thankful it has been amended," VanDyke said. The 15th Amendment banned states from denying the right to vote on the basis of race in 1870, while the 19th Amendment did the same on the basis of sex in 1919.
VanDyke is a judicial conservative who advocates for "originalism," the legal philosophy that the Constitution should be interpreted in accordance with how its words would have been understood at the time of its writing.
"If the Constitution had not been amended and you're applying the Constitution as it was enacted, 1789, the Constitution had not been amended to allow women and blacks to vote. By originalism, you would have to interpret the Constitution as not allowing these groups to vote. Isn't that right?" Hirono said.
"Senator, I believe that we have a system of separation of powers," VanDyke replied. "I believe that my job as a judge is to apply the law, not to make policy decisions. And I'm very thankful that the Constitution was amended, I think that was the right process to do it."
"Yes, but you know what, the point I'm making, of course, which you're trying to get around, is that originalism means that you would interpret Constitution at the time of its enactment, and you would not allow women and blacks to vote because that was not in the Constitution when it was ratified in 1789," Hirono said.
Hirono was incorrect to claim the Constitution as originally enacted did "not allow" women and blacks to vote; it was silent on the matter. Several states allowed free blacks and women to vote before the passage of the 15th and 19th Amendments mandated such policies in every state.
He could be from Mars and they would vote to confirm him if was a democRAT.
But because he is not, they are attacking him. They don't need any other reason.
Typical lib behavior.
Probably because he's a Christian. Satan hates us, and so the Left also hates us.
Well this Hawaii resident is profoundly embarrassed by this dim bulb.
Hirono is an idiot. An “originalist” sees the amendments as integral to the Constitution as it is TODAY, because as amendments THEY ARE. An “orginalist” does not dismiss and ignore the amendments, when stating that they look to the text of the Constitution. An “orginalist” does not say “the Constitution as enacted in 1789” as their guide, because they do not ignore the amendments. When an “orginalist” says “the Constitution” that includes its amendments.
Exactly what Hirono was trying to push VanDyke to say, that he would rule according to his beliefs not the Constitution, and that she needed to be sure he had the “right” beliefs. The Left are beneath contempt.
It’s just amazing the kind of sheer imbeciles the left elects. It gets worse every election cycle. I sure wish the voters would grow up and get a grip.
The driver looked at her and said,"Get in."
Half hour later Hirono was admitted to the Rest Home for Seniors with Advanced Senility.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.