Tuesday, November 19, 2019
Hawai'i Free Press

Current Articles | Archives

Thursday, October 31, 2019
Hirono Makes Bizarre Argument Against 9th Circuit Court Nominee
By Video @ 3:18 PM :: 1851 Views :: Congressional Delegation, Judiciary

Hirono Makes Bizarre Argument Against Originalist Court Nominee

'You would not allow women and blacks to vote because that was not in the Constitution when it was ratified'

by Alex Griswold, Washington Free Beacon,  October 30, 2019

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 9th Circuit 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.

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

808 State Update AM940

ABCDEFG Blog

ACA Signups Hawaii

ACCE

ALEC

Alliance Defending Freedom

Aloha Life Advocates

Aloha Pregnancy Care Center

American Council of Trustees and Alumni

American Mothers of Hawaii

AMVETS-Hawaii

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Audit The Rail

Ballotpedia Hawaii

Better Hawaii 

Blaisdell Memorial Project

Broken Trust 

Build More Hawaiian Homes Working Group

CAFR Hawaii

Castaway Conservative

Children's Alliance Hawaii

Children's Rights Institute

ChinaTownWatch.com

Christian Homeschoolers of Hawaii

Citizens for Recall

Cliff Slater's Second Opinion

Coffee Break

Conservative Forum for Hawaii

CSIS Pacific Forum

DAR Hawaii

DeedySupport.com

DVids Hawaii

E Hana Kakou Kelii Akina

E Māua Ola i Moku o Keawe

Farmers For Choice Hawaii

FIRE

Fix Oahu!

Follow the Money Hawaii

Frank in Hawaii

Front Page Magazine

Frontline: The Fixers

Genetic Literacy Project

Get Off Your Butts!

God, Freedom, America

Grassroot Institute

Habele.org

Hawaii Aganst Assisted Suicide

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii Coalition Against Legalized Gambling

Hawaii ConCon Info

Hawaii Credit Union Watch

Hawaii Crime Victims' Rights

Hawaii Crop Improvement Association

Hawaii Debt Clock

Hawaii Defending Marriage

Hawaii Defense Foundation

Hawaii Families for Educational Choice

Hawaii Family Advocates

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii Firearm Community

Hawaii Fishermen's Alliance

Hawaii Future Project

Hawaii Gathering of Eagles

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii March for Life

Hawaii Meth Project

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Right to Life -- Big Island

Hawaii Right to Life -- Oahu

Hawaii Shield Law Coalition

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

Heritage Foundation

HI Coalition Against Legalized Gambling

HIEC.Coop 

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Homeless Crisis

Honolulu Navy League

Honolulu Traffic

Horns of Jericho Blog

House Minority Blog

House Republican Caucus YouTube

HPACC

Hump Day Report

I Vote Hawaii

If Hawaii News

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

Iowa Meets Maui

Jackson v Abercrombie

Jihad Watch

Judgepedia Hawaii

July 4 in Hawaii

Kahle v New Hope

Kakaako Cares

Kau TEA Party

Kauai Co GOP

Keep Hawaii's Heroes

KeyWiki

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Malulani Foundation

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

Mauna Kea Recreational Users Group

MentalIllnessPolicy.org

Middle East Forum--The Legal Project

Mililani Conservatives for Change

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

Muslim Brotherhood in America

NAMI Hawaii

NARTH

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

National Wind Watch

New Zeal

NFIB Hawaii News

No GMO Means No Aloha

Northwest Economic Policy Seminar

Not Dead Yet, Hawaii

Now What I Really Think

NRA-ILA Hawaii

Oahu Alternative Transport

ObamaCare Abortion Hawaii

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Pacific Aviation Museum

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Pritchett Cartoons 

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

Republican Party -- Hawaii State

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

Salvage The Rail

Save the Plastic Bag

School Choice in Hawaii

SenatorFong.com

SIFE Remington

SIFE W. Oahu 

Sink the Jones Act

Smart About Marijuana--Hawaii

St Marianne Cope

State Budget Solutions Hawaii

State Policy Network

Statehood for Guam

Tax Foundation of Hawaii

The Harriet Tubman Agenda

The Long War Journal

The Real Hanabusa

Time Out Honolulu

Truth About Trade & Technology - Hawaii

UCC Truths

Union Members Know Your Rights

US Tax Foundation Hawaii Info

Valor in the Pacific

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT