California Judge Ana de Alba, a Biden judicial nominee, experienced difficulty when attempting to explain legal terms related to the Constitution's commerce law during her confirmation hearing on Wednesday. De Alba was questioned about the dormant commerce clause found under Article 1 of the Constitution, which prohibits one state from discriminating against interstate commerce and prevents states from unduly burdening interstate commerce.
Judge de Alba managed to specify that the clause allows Congress to create laws affecting interstate commerce but failed to note its additional powers. The dormant commerce clause also grants Congress authority over regulating trade between foreign nations and Native American tribes.
Senator John Kennedy (R-LA), who posed questions on this subject, has previously stumped other judicial nominees with similar queries. "It is essential for our judges to have a deep understanding of constitutional principles," said Senator Kennedy in response to Judge de Alba's struggle with these concepts.
Former President Barack Obama recently weighed in on constitutional issues surrounding gun ownership rights in America. He suggested following Australia's example by banning Americans' right to own firearms without acknowledging that it is an inherent right protected by the Second Amendment of the U.S. Constitution. Instead, he claimed that gun rights have become an "ideological" and "partisan issue."
Earlier this month, President Joe Biden called for stricter gun control measures following a deadly shooting at Allen Premium Outlets mall in Dallas, Texas. Under Australian law—potentially serving as inspiration for such reforms—individuals seeking firearm ownership must first obtain a license while providing justifiable reasons for possessing a weapon.
Critics argue that any attempt at replicating Australia's strict approach might infringe upon Americans' constitutionally protected rights regarding firearm possession as outlined in the Second Amendment.
Legal expert Jennifer Thompson commented on both incidents: "As we continue discussing fundamental rights enshrined within our nation's founding document, it is crucial for our leaders and judiciary members to have a firm grasp on these concepts. The Constitution serves as the cornerstone of American law, guiding how we approach both interstate commerce regulation and individual rights like gun ownership."