Monthly Archives: June 2012

Sometimes I Feel Like Sarah Connor

I have to remind myself sometimes to refrain from immersion in current events, politics, and social issues because I swell up with machine-like resolve and start thinking of myself as a Sarah Connor, the fictional mom in the Terminator films who transformed from a timid victim to a hardened warrior on the verge of losing touch with her own humanity. She knew Judgement Day was coming, and her son would have to fight evil mightily. She knew she had to prepare and protect him.

I don’t think I’m the only mom that conjures up such an image. We lay awake at night wondering what kind of battles our children will face as adults. Will they lose faith? Will they be hurt? Will they be warriors? Will they be martyrs? Will they be ready? Are we doing enough to take a stand as Catholics? No kidding, there are nights when I feel compelled to rise and do chin-ups on the door frame to flex some muscle (though I’d faint after three).

I have learned, instead, to pray. As awful as I may think some current events are, this world still belongs to God. If I believe that Christ healed the sick, commanded demons, and died and rose for the salvation of souls, then in faith I need to guard against despair and overwhelming ferocity. Remember what the centurion in Capernaum said to Jesus when he wanted his servant to be healed? He had great faith. “Lord, I am not worthy to have you enter under my roof; only say the word and my servant will be healed.” He also had humility. That last part reminds me of St. Francis’ advice, “Sanctify yourself and you will sanctify society.”

Surely in some ways we do need to become a legend among the resistance, to warn that humanity is doomed to self-destruction if they don’t listen, and to store up a proverbial cache of weapons for our children if there is a rise of the machines; but mostly what we need to do is to accept the graces and abundances offered now in this time of our own lives. We do need to fight, but we can’t let ourselves become so steeled we forget we are human.

Even so, I wouldn’t mind having her deltoids, and I admit I rather like imagining myself standing strong with a steady gaze across the landscape as I prepare to defend and inspire my children, but without the cigarette and Commando rifle.

Fortnight For Freedom Day Ten: God Bless America!

 

YouTube Preview Image

 

 

Beginning for two weeks, up to Independence Day, the Bishops are having a Fortnight For Freedom:

On April 12, the Ad Hoc Committee on Religious Liberty of the U.S.  Conference of Catholic Bishops (USCCB) issued a document, “Our First,  Most Cherished Liberty,” outlining the bishops’ concerns over threats to religious freedom, both at home and abroad. The bishops called for a “Fortnight for Freedom,” a 14-day period of prayer, education and action in support of religious freedom, from June 21-July 4.

 

Bishops in their own dioceses are encouraged to arrange special events to  highlight the importance of defending religious freedom. Catholic  institutions are encouraged to do the same, especially in cooperation  with other Christians, Jews, people of other faiths and all who wish to  defend our most cherished freedom.

 

The fourteen days from June  21—the vigil of the Feasts of St. John Fisher and St. Thomas More—to  July 4, Independence Day, are dedicated to this “fortnight for  freedom”—a great hymn of prayer for our country. Our liturgical calendar celebrates a series of great martyrs who remained faithful in the face  of persecution by political power—St. John Fisher and St. Thomas More,  St. John the Baptist, SS. Peter and Paul, and the First Martyrs of the  Church of Rome.  Culminating on Independence Day, this special period of prayer, study, catechesis, and public action would emphasize both our  Christian and American heritage of liberty. Dioceses and parishes around the country could choose a date in that period for special events that  would constitute a great national campaign of teaching and witness for  religious liberty.

 

We here at The American Catholic are participating in the Fortnight For Freedom with special blog posts on each day.  This is the tenth of these blog posts.

Something for the weekend.  God Bless America sung by the imperishable Kate Smith.  This song became the rallying song for the United States during World War II.  Witten by Irving Berlin in 1918 while he was serving in the Army and revised by him in 1938, it was performed by Kate Smith on her radio show in 1938 and became an immediate hit, reaching unbelievable heights of popularity during World War II.  The song is a prayer to God, as the first stanza, rarely performed today, makes clear:

While the storm clouds gather far across the sea,

Let us swear allegiance to a land that’s free,

Let us all be grateful for a land so fair,

As we raise our voices in a solemn prayer.

God bless America,

Land that I love.

Stand beside her, and guide her

Through the night with a light from above.

From the mountains, to the prairies,

To the oceans, white with foam

God bless America, My home sweet home

God bless America, My home sweet home.

Few entertainers became so connected with one song as Kate Smith did with God Bless America.  A Protestant, Kate Smith attended Mass for years prior to her conversion to Catholicism.  In this Fortnight For Freedom we express our love for America and fervently beseech God to guide her. Continue reading

The Worst Supreme Court Decision of All-Time

As bad as yesterday’s Supreme Court decision was, it doesn’t hold a candle to one handed down twenty years ago today. On this date in 1992, the Court decided the case of Casey v. Planned Parenthood. People might be disappointed with John Roberts right now, but the fury at Justices O’Connor and Kennedy, and to a lesser extent Souter, after they voted to uphold Roe v. Wade dwarfs that.

Ed Whelan links to post by Michael Stokes Paulsen in which he calls Casey the worst Supreme Court decision of all-time. Part one is here, and part two is here. I wholeheartedly agree. I also ranked Casey as the worst when compiling my list of the worst decisions of all-time. Sure, there have been several atrocious decisions handed down by the Court, and Paulsen highlights some of the worst defenders in part one. But what makes Casey so egregious is the combination of the sheer awfulness of the decision from a constitutional perspective, as well as the devastating real world impacts it had.

Paulsen details all that is wrong with the decision. The plurality opinion relied on stare decisis to reach its conclusion, treating the doctrine as though it were sacrosanct. If you listened to the plurality you would come to the conclusion that Court had never struck down a decision it considered to be wrongly decided. What’s more, the plurality opinion is simply a mess of contorted logic, rightfully mocked by Scalia in his brilliant dissent. Most damning, it ensured the continued legal protection of abortion, dooming millions more unborn children to their premature death.

I’ll leave you to read both articles in their entirety.

Roe v. Wade may have made abortion legal in all 50 states, but Casey entrenched that decision. Worse still, it did so in a way that made the Roe majority opinion seem like a masterwork of originalist logic by comparison.

Man Up Conservatives!

YouTube Preview Image

 

From a thread at Creative Minority Report on the ObamaCare decision:

Anonymous said…

If I encountered John Roberts at this point I would not shake his hand. This is simply appalling. Add to this the fact that Obama is going to be re-elected, and our nation as it once was has effectively been destroyed.
I am actually questioning the decision to try to bear children at this point. If I could go back in time I would strongly consider not having made the life choices I have but instead just living out the rest of my life in a monestary and just finding a way to tolerate the rest of my days.

My response to this type of hysterical hogwash: Continue reading

Fortnight For Freedom Day Nine: Top Ten Movies For the Fourth of July

YouTube Preview Image

 Posterity! You will never know how much it cost the present Generation to preserve your Freedom! I hope you will make good use of it. If you do not, I shall repent in Heaven, that I ever took half the Pains to preserve it. 

John Adams

 

Beginning for two weeks, up to Independence Day, the Bishops are having a Fortnight For Freedom:

On April 12, the Ad Hoc Committee on Religious Liberty of the U.S.  Conference of Catholic Bishops (USCCB) issued a document, “Our First,  Most Cherished Liberty,” outlining the bishops’ concerns over threats to religious freedom, both at home and abroad. The bishops called for a “Fortnight for Freedom,” a 14-day period of prayer, education and action in support of religious freedom, from June 21-July 4.

 

Bishops in their own dioceses are encouraged to arrange special events to  highlight the importance of defending religious freedom. Catholic  institutions are encouraged to do the same, especially in cooperation  with other Christians, Jews, people of other faiths and all who wish to  defend our most cherished freedom.

 

The fourteen days from June  21—the vigil of the Feasts of St. John Fisher and St. Thomas More—to  July 4, Independence Day, are dedicated to this “fortnight for  freedom”—a great hymn of prayer for our country. Our liturgical calendar celebrates a series of great martyrs who remained faithful in the face  of persecution by political power—St. John Fisher and St. Thomas More,  St. John the Baptist, SS. Peter and Paul, and the First Martyrs of the  Church of Rome.  Culminating on Independence Day, this special period of prayer, study, catechesis, and public action would emphasize both our  Christian and American heritage of liberty. Dioceses and parishes around the country could choose a date in that period for special events that  would constitute a great national campaign of teaching and witness for  religious liberty.

 

We here at The American Catholic are participating in the Fortnight For Freedom with special blog posts on each day.  This is the ninth of these blog posts.

 

As we are embroiled now in a struggle to preserve our religious liberty, I think the Fourth of July is a good time to recall the price made to establish our liberties.  A number of feature films and miniseries have been made about the events of the American Revolution.  Here are my top ten choices for Fourth of July viewing:

YouTube Preview Image

10.  Ben and Me  (1953)- Something for the younger patriots.  Disney put to film the novel of Robert Lawson, Ben and Me, which related how many of Ben Franklin’s bright ideas came from his mouse Amos.  Quite a bit of fun.   Not a classic but certainly an overlooked gem.

YouTube Preview Image

9.  The Crossing (2000)-A retelling of Washington’s brilliant crossing of the Delaware on Christmas 1776 and the battle of Trenton.  This film would rank much higher on my list but for Jeff Daniels’ portrayal of Washington as sullen and out of sorts throughout the movie.  Washington had a temper, and he could give vent to it if provoked, although he usually kept it under control, but the peevish Washington portrayed here is simply ahistoric and mars an otherwise good recreation of the turning point of the Revolution.

YouTube Preview Image

8.  John Paul Jones (1959)  Robert Stack, just before he rose to fame in the Untouchables, is grand in the role of the archetypal American sea hero.  Bette Davis is absolutely unforgettable as Catherine the Great.  The climactic sea battle with the Serapis is well done, especially for those pre-CGI days.  The only problem with the film is that many of the details are wrong.  This is forgivable to a certain extent since scholarship on Jones was badly skewed by Augustus Buell in a two-volume “scholarly biography” which appeared in 1900.  Buell was a charlatan who made up many incidents about Jones and then invented sources to support his fabrications.  Buell was not completely exposed until Samuel Eliot Morison, Harvard professor of history, and an Admiral in the Navy, wrote his definitive biography of Jones. Here is a list of the fabrications of Buell compiled by Morison.  Morison’s book appeared after the movie, which is to be regretted.

YouTube Preview Image

7.  The Patriot (2000) Finally, a film which depicts the unsung contribution of Australians to victory in the American Revolution!  Actually not too bad of a film overall.  Heath Ledger is quite good as Gibson’s oldest son who joins the Continentals at the beginning of the war against his father’s wishes.  Jason Isaacs is snarlingly good as the evil Colonel Tavington, very loosely based on Banastre Tarleton, commander of Tarleton’s Raiders during the Southern Campaign.  The film of course allows Gibson to carry on his over-the-top vendetta against all things English.  No, the British did not lock up American civilians in churches and burn them alive.  However, the ferocity of the partisan fighting in the South is well depicted, and Banastre Tarleton  at the Waxhaw Massacre earned a reputation for slaughtering men attempting to surrender.  The final battle of the film is based on the battle of Cowpens where General Daniel Morgan decisively defeated Tarleton.

YouTube Preview Image

6.  Drums Along the Mohawk (1939)-A John Ford classic starring Henry Fonda and Claudette Colbert.  Through the eyes of a young newlywed couple, Fonda and Colbert, the American Revolution on the frontier is depicted in the strategic Mohawk Valley.  Full of the usual Ford touches of heroism, humor and ordinary life. Continue reading

Fulton J. Sheen declared Venerable by the Pope

Although news and discussion about the Supreme Court’s decision is the main news topic of the day, there’s another news item that deserves mention: Fulton J. Sheen has been declared venerable by the Pope. With a miracle having already been submitted to the Vatican for review, it is not unlikely that Sheen will soon (soon in Vatican time, mind you) be beatified. 

This is an occasion of great rejoicing for me personally. Although far too young to have watched his Emmy-winning television show, It was Sheen’s Life of Christ that challenged me to become more than a cultural Catholic and and exposed me to some of the depths of Catholic theology. Sheen’s gift for distilling complicated Catholic teachings and presenting them to a broad audience was impressive; managing to keep those messages challenging to his audience & keeping that audience tuning was amazing. Moreover, Sheen was an unapologetic American, though always a Catholic first (he condemned the use of the atomic bomb). He was known for wearing full clerics, including his garb as bishop, into heavily Protestant areas.

The timing of his being declared venerable is impeccable. With the news today that the Church will have to fight the HHS mandate in the courts Fulton J. Sheen’s intercession is particularly important. Sheen provides us an example of an American who brought the Catholic faith unapologetically to the American people, showing that Catholicism could not only be tolerated by the American project but also that Catholicism had the potential to provide important and unique contributions to American society.

That is precisely the argument the Church needs to win in our time. It is not enough to win legal decisions striking down the mandate; we need to do more than convince the American people that Catholicism should be left alone to do whatever wacky things. Rather, we need to demonstrate that Catholicism brings something to our troubled times; that the teachings of the Church are not antiquated but rather provide a vibrant thriving message for happiness in the 21st century.

Whatever battles lie ahead for the Church in America, the intercession of Ven. Fulton J. Sheen will be invaluable. Ven. Fulton J. Sheen, ora pro nobis.

 

The Majority Opinion that Became a Dissent

If you had told me before the day started that John Roberts and Anthony Kennedy would have penned differing opinions on the Obamacare case, and that I’d be siding with the latter’s opinion, I would have said that you were nuts. Alas, it appears that John Roberts is the new Anthony Kennedy.

Ed Whelan has speculated that Chief Justice Roberts changed his vote at the last minute, and therefore the dissenting opinion was originally the majority opinion. He has a follow-up post that posits another theory supporting that notion, which also explains how that could be logistically possible. Having now fully digested the dissenting opinion, I am just about 99 percent certain that John Roberts did indeed change his vote, and that the dissenting opinion was the majority opinion until the Chief Justice changed his mind.

Frankly, the dissent just doesn’t read like a dissent at all. As Whelan points out, the dissenting opinion repeatedly alludes to Justice Ginsburg’s opinion as the dissent. In fact, the dissenters barely alludes to the Chief Justice’s opinion at all until the very end. The final couple of pages are a scathing attack on the majority’s opinion, heretofore unmentioned. It certainly seems like the dissenting Justices felt jilted by the Chief Justice, thus the unusually harsh rhetoric of the final few paragraphs of the dissent. Another sign that the dissenters were in the majority comes on the second page: Continue reading

Of Kidney Stones, the Obamacare Decision and Election 2012

YouTube Preview Image

 

 

I was primed today for the Obamacare Decision.  I made certain that I had no court hearings today, and my appointments were not starting until 10:00 AM.  Alas my third kidney stone decided to make its appearance at 7:00 AM.  By 9:00 AM I was suffering from truly memorable pain.  I stayed home from the law mines and had my secretary reschedule all my appointments except the 2:00 PM which was in the nature of an emergency.  Nursed by my wife, and my doctor who opened his office early for me, God bless him, I soon had in my system very strong painkillers and Flowmax.  By 1:30 PM I still felt like bayonets were probing my nether regions, but duty is duty and my wife drove me to my office for the 2:00 PM appointment.  By the end of it at 3:00 PM I was feeling semi-human, the pain killers and the Flowmax working their magic.

As for the Obamacare decision, a plain text copy of the decision may be read here, the majority opinion by Chief Justice Roberts is both brilliant and wrong.  His exposition of how th individual mandate violates the Commerce Clause is magnificent.  His transformation of the mandate into a tax was clever and wrong.  The idea that something is a tax if it is used as a penalty to compel behavior is imaginative and absurd.  Go here to read an examination of the decision shorn of legal gobbledygook.  Lost in the hubbub over this part of the decision is that Roberts had a majority of the court rule that states could refuse to take part in the Medicaid expansion, a key part of Obamacare, and that Congress could not punish them by taking away all their Medicaid money.  Go here to read an analysis of that portion of the decision. Continue reading

The Chief Justice’s Ruling: A Gross Expansion of Federal Power

Conservatives looking for some kind of victory in today’s decision in National Federation of Independent Business et al. v. Sebelius, Secretary of Health and Human Services, et al. (the Obamacare case) are pointing to two aspects of Chief Justice John Roberts’s rulings. First, a majority of the Court ruled that the individual mandate was unconstitutional under the commerce clause. Second, the Court ruled that the Federal Government could not force the states to expand Medicaid coverage under the Affordable Care Act. Therefore, the Court narrowed the scope of Congressional power in two different arenas.

Indeed, 44 pages of Chief Justice Roberts’ opinion are absolutely constitutionally sound. During the course of the opinion the Chief Justice made the same argument that many individual mandate opponents have been making for months: you cannot create an economic activity in order to regulate it under the commerce clause. “The power to regulate commerce presupposes the existence of commercial activity to be regulated. If the power to ‘regulate’ something included the power to create it, many of the provisions in the Constitution would be superfluous.” The Chief Justice latter adds that the individual mandate “does not regulate an existing commercial activity. It instead compels individuals to become active in commerce by purchasing a product, on the ground that their failure to do so affects interstate commerce.” Construing the Commerce Clause to permit Congress to regulate individuals precisely because they are doing nothing would open a new and potentially vast domain to congressional authority.” Furthermore, “[a]llowing Congress to justify federal regulation by pointing to the effect of inaction on commerce would bring countless decisions an individual could potentially make within the scope of federal regulation, and – under the Government’s theory – empower Congress to make those decisions for him.”

Roberts further tears into the logic of those defending the mandate on commerce clause grounds by pointing out that other activity – such as people not eating a healthy diet – does far more to raise health care costs than does failure to have health insurance. Therefore, under the government’s logic, “Congress could address the diet problem by ordering everyone to buy vegetables.” Therefore, the government’s arguments with regards to the commerce clause are ultimately unsupportable.

The problem with those taking the rosy view; however, is that the Chief Justice’s opinion is 59 pages. The Chief takes a detour roughly halfway through the opinion that is so unfathomable, it almost reads as if an entirely different person wrote the opinion.

Chief Justice Roberts holds that despite the statutory language, the penalty for failure to buy health insurance can more accurately described as a tax. This, despite what the language of the bill actually says, and what President Obama himself even said. And that’s also in contradiction of what had just been argued when discussing the anti-Injunction act. As Carrie Severino puts it:

The main holding of the case is that the mandate is upheld as a proper exercise of the taxing power. This is a decidedly awkward result, as the first section of the result explains that the mandate is not a tax for the purposes of the Anti-Injunction Act. During the oral argument the courtroom erupted in laughter when the solicitor general was asked how he could argue that the mandate was not a tax on Monday but was on Tuesday. In the end, the court chose that implausible — even laughable — result in a fairly explicit attempt to hold the mandate constitutional.

Jeff Goldstein also mocks this bit of legal jujitsu. Intentionalism is a concept that he blogs about frequently, and he rightfully calls out the Chief Justice for his violation of the concept.

According to the CJ, a penalty is indeed a tax when it can be viewed as a tax for purposes of a ruling.  Meaning, a penalty is a tax when a Justice decides to rewrite the law to turn a penalty into a tax.  Which he justifies because the way the penalty looks to him suggests that “reasonable”  people (or philosopher kings) can, if they squint — and if they ignore the intent that turned the law into law in the first place, and turned a set of marks into a set of signs, into language — see a tax.  How that is “reasonable” is anyone’s guess:   we know in no uncertain terms that Obama and the Dems who passed the law didn’t devise the mandate as a tax (despite what they later argued); for one to conclude that it is reasonably possible to “read” a penalty as a tax,  therefore, what c0mes to count as “reasonable” must be redefined as “ignoring what we know to be true”.  And that seems antithetical to “reason.”

Roberts has chosen to see a tax where a penalty was intended — thereby rewriting the law and turning it into a new text, one which he intends, though he incoherently and disingenuously suggests that he is finding meaning in the text that can “reasonably” be ascribed to it.

Roberts justifies this change in terminology by noting that the amount of the penalty that would be levied would not be punitive – in fact the cost of paying the penalty would often be less than the cost of buying health insurance. And since the so-called penalty would not be burdensome, it’s not really penalizing behavior.

Yeah.

But the most egregious aspect of this decision, and one which an astounding number of commentators seem to be missing, is that the Chief Justice has massively expanded the use of the taxing power. Roberts asserts that “taxes that seek to influence conduct are nothing new.” He then rattles off a list of things that are taxed heavily in order to change behavior, including cigarettes. The problem with this is that people have to buy cigarettes in order to be taxed. This “tax” is applied to people who don’t make a purchase. In other words, the federal government is taxing non-activity. It is the same exact logic that the government used to justify the mandate under the commerce clause. All Roberts has done is shift the authority under the Constitution which justifies government intervention.

Then Roberts makes the astounding claim, also amazingly echoed approvingly in certain quarters, that “While the individual mandate clearly aims to induce the purchase of health insurance, it need not be read to declare that failing to do so is unlawful. Neither the Act nor any other law attaches negative legal consequences to not buying health insurance, beyond requiring a payment to the IRS.” (emphasis mine)

I’m actually embarrassed for the Chief Justice here. Surely he is not as incapable of making a logical progression as this statement suggests he is. But let’s make this crystal clear. If you do not purchase health insurance, you will be penalized, err, “taxed.” If you fail to pay that tax at the end of the year, what do you suppose happens to you? Does the IRS send you a series of letters pleading with you to “please, pretty please, with a cherry on top, please pay your tax?” Do they put little frowny faces at the bottom of these letters? Does the Commissioner of the IRS stand outside your window with a boom box blaring “In Your Eyes” by Peter Gabriel, the rain pelting him as he cries out “Please, just pay this tax which, by the way, should in no way be construed as a penalty?”

Oh, that’s right, you go to jail. So you totally have the right to not buy health insurance, and there’s absolutely no punishment for failure to pay the tax. This assumes, of course, you always wanted to share a very small space with a drug dealer named Zeke. Just think of this as a government-funded vacation where you may, or may not, have discomfort walking towards the end of the vacation. You see – what a bargain!

The Chief Justice makes several more spurious claims. He notes that “tax incentives already promote, for example, purchasing homes and professional education.” But tax incentives are reductions in the level of taxation for making certain purchases. Your taxes are not increased when you decide to rent a house instead of purchase one.

Roberts observes that the “Constitution does not guarantee that individuals may avoid taxation through inactivity. A capitation, after all, is a tax that everyone must pay simply for existing, and capitations are expressly contemplated in the Constitution.” Really? The income tax was made allowable only through the 16th Amendment, but it’s not a tax merely for existing. It’s a tax that only applies if you earn money – in other words, it’s a tax that applies only when you engage in the activity of earning your daily bread. It’s not a “mere existence” tax, and it’s certainly not a taxation of non-activity.

According to Article I of the Constitution, Congress has the ability to issue direct taxes apportioned among the several States, but the Chief Justice himself declares that this is not a direct tax.

Section 8 of Article I states:

Clause 1: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

Again, I fail to see how that justifies taxation of non-activity. The idea that this kind of tax would have been countenanced by the same people (by and large) who fought the War of Independence is laughable on its face.

Attempts to sugarcoat this opinion are wrongheaded. In many ways, Roberts’ basing his decision on the tax power is worse than if he had relied on the Commerce Clause, for he has actually expanded the reach of the federal government in a way heretofore unseen. It’s true that Roberts and the four dissenters limit the reach of the commerce clause, but in reality they haven’t done much more than what the Rehnquist Court did in the mid-90s in the Lopez and Morrison cases in limiting the scope of the Commerce Clause. No new ground has been broken, and no old precedents were over-ridden. Much the same can be said with respect to the Medicaid ruling. On the other hand, the Chief Justice has broadened the taxing power so that it can now be applied to non-activity. Long story short, the federal government has more power today than it did yesterday. That is the most chilling aspect of this decision.

I believe that the commenter cthemfly25 has it right in the comments on my previous post:

Congress can always use taxing authority to undermine the constitution.  And if a tax can be used to undermine the constitution and modulate and control social behavior, then the all powerful central government can use its unmitigated taxing power to regulate religion (there is no way applying Roberts’ logic that the religious mandate could be struck down), regulate home schooling or private schooling (“taxed” for not teaching homosexual curriculum), regulate the size of families (taxed for having more than two kids), regulate food or beverage consumption (taxed based on calorie intake), regulate fuel consumption (“taxed” for excessive fuel consumption), regulate choice of consumer goods such as vehicles (“taxed” for not purchasing a “green” car),—–regulate from a central authority any human or civic activity under the rubric of “taxation”.

Perhaps the Anti-Federalist Brutus was right, after all, about the taxing power under the Constitution.

This power, exercised without limitation, will introduce itself into every comer of the city, and country — It will wait upon the ladies at their toilett, and will not leave them in any of their domestic concerns; it will accompany them to the ball, the play, and the assembly; it will go with them when they visit, and will, on all occasions, sit beside them in their carriages, nor will it desert them even at church; it will enter the house of every gentleman, watch over his cellar, wait upon his cook in the kitchen, follow the servants into the parlour, preside over the table, and note down all he eats or drinks; it will attend him to his bed-chamber, and watch him while he sleeps; it will take cognizance of the professional man in his office, or his study; it will watch the merchant in the counting-house, or in his store; it will follow the mechanic to his shop, and in his work, and will haunt him in his family, and in his bed; it will be a constant companion of the industrious farmer in all his labour, it will be with him in the house, and in the field, observe the toil of his hands, and the sweat of his brow; it will penetrate into the most obscure cottage; and finally, it will light upon the head of every person in the United States. To all these different classes of people, and in all these circumstances, in which it will attend them, the language in which it will address them, will be GIVE! GIVE!

 

Et Tu, Ioannes?

The Supreme Court has ruled the individual mandate is constitutional as a tax. So the individual mandate is not a permissible use of the commerce clause; however, it is appropriate for Congress to levy a tax that essentially forces taxpayers to buy health insurance.

I will have to wait until I read the entire opinion before rendering judgment, but at first blush this looks like a terrible defeat for the rule of law.

By the way, it looks like it was a 5-4 decision. Kennedy voted with Scalia, Thomas and Alito. Let that sink in.

Correction: I am now reading that it was 6-3. Honestly, I’m reading a lot of conflicting reports, so I’ll refrain from further commentary until I read the opinions.

Correction to the Corrction: Nope, Kennedy, Alito, Thomas and Scalia would have decreed the entire act unconstitutional. It was John Roberts who saved Obamacare.

And now I offer my apologies to all those I scolded for critiquing the John Roberts selection. You were right. I’ve thus changed the post title.

Has the Austrian hierarchy “had it”?

Although the undercurrents have been there for decades and similar ideas and conduct transpires beneath the radar, dissident U.S. Catholic priests had better observe what’s happening in Austria—where 10% of the clergy have formed a dissident group named “Call to Disobedience”—before signing documents espousing their heterodox ideas and conduct.

What does the Austrian group propose?

Similar to American dissident priests, Austrian dissident priests have for decades formed groups that publicly have advocated “reforms,” including the ordination of women and abolishing clerical celibacy.  More recently, they have publicly pledged to break Church rules by giving Holy Communion to Protestants and divorced Catholics who remarry.

 

The dissident priests’ policies are popular in Austria, with public opinion polls demonstrating broad support for them.

But, “the times…they are a’ changing.”

In May, the Archbishop of Vienna , Cardinal Christoph Schoenborn, priests in May that dissidents would not be appointed to the post of dean and those who would be coming up for renewal would have to choose between Church teaching or their group’s “reform” campaign.

Clarifying matters, an archdiocesan spokesman Nikolaus Haselsteiner said:

You can easily remain a member of the Priests’ Initiative. You must only distance yourself from the “Call to Disobedience” in an appropriate way.

In an average company, a department head can’t say he doesn’t care what the CEO says.

According to a Reuters report, one priest has withdrawn his support for the reform campaign and kept his job.  Two or three more have yet to decide whether to withdraw their support from the manifesto.  But, the Reverend Peter Meidinger—a founding member of the group issuing the Manifesto—has stepped down from the post of dean rather than renounce the “Call to Disobedience” manifesto.  Meidinger said:

I spoke to the archbishop and perhaps you cannot say I had to choose, but I had the impression that there was no way out for me so I am stepping down and freeing up the spot.

For me what is important is the Priests’ Initiative and not the term “disobedience.”  The term civil disobedience is used when the leaders are simply not prepared to listen to people.

Yes, that’s what the problem has been: The hierarchy is “not prepared” to listen to the people.

 

The Motley Monk is wondering if the opposite is more likely the case.  Namely, might it be that the hierarchy has listened long and patiently and finally has decided “enough is enough”?

Cardinal Christoph Schoenborn

Will Cardinal Schoenborn’s more confrontational approach to dealing with dissident priests be exported to the United States?

Time will tell.

 

 To read the Reuters report, click on the following link:
http://www.reuters.com/article/2012/06/27/us-austria-catholic-priests-idUSBRE85Q0ZO20120627

To read The Motley Monk’s daily blog, click on the following link:
http://themotleymonk.blogspot.com/

Fortnight For Freedom Day Eight: Catholics and the Father of our Country

YouTube Preview Image

 

Beginning for two weeks, up to Independence Day, the Bishops are having a Fortnight For Freedom:

On April 12, the Ad Hoc Committee on Religious Liberty of the U.S.  Conference of Catholic Bishops (USCCB) issued a document, “Our First,  Most Cherished Liberty,” outlining the bishops’ concerns over threats to religious freedom, both at home and abroad. The bishops called for a “Fortnight for Freedom,” a 14-day period of prayer, education and action in support of religious freedom, from June 21-July 4.

 

Bishops in their own dioceses are encouraged to arrange special events to  highlight the importance of defending religious freedom. Catholic  institutions are encouraged to do the same, especially in cooperation  with other Christians, Jews, people of other faiths and all who wish to  defend our most cherished freedom.

 

The fourteen days from June  21—the vigil of the Feasts of St. John Fisher and St. Thomas More—to  July 4, Independence Day, are dedicated to this “fortnight for  freedom”—a great hymn of prayer for our country. Our liturgical calendar celebrates a series of great martyrs who remained faithful in the face  of persecution by political power—St. John Fisher and St. Thomas More,  St. John the Baptist, SS. Peter and Paul, and the First Martyrs of the  Church of Rome.  Culminating on Independence Day, this special period of prayer, study, catechesis, and public action would emphasize both our  Christian and American heritage of liberty. Dioceses and parishes around the country could choose a date in that period for special events that  would constitute a great national campaign of teaching and witness for  religious liberty.

 

We here at The American Catholic are participating in the Fortnight For Freedom with special blog posts on each day.  This is the eighth of these blog posts.

America has been blessed by God in many ways but I suspect no blessing has been greater than His granting us George Washington to lead us in our struggle for independence and to be our first President.  Catholics have perhaps more reason than other Americans to keep the memory of Washington alive in our hearts.  In a time of strong prejudice against Catholics in many parts of the colonies he was free from religious bigotry as he demonstrated on November 5, 1775 when he banned the anti-Catholic Guy Fawkes celebrations.

“As the Commander in Chief has been apprized of a design form’d for the observance of that ridiculous and childish custom of burning the Effigy of the pope – He cannot help expressing his surprise that there should be Officers and Soldiers in this army so void of common sense, as not to see the impropriety of such a step at this Juncture; at a Time when we are solliciting, and have really obtain’d, the friendship and alliance of the people of Canada, whom we ought to consider as Brethren embarked in the same Cause. The defence of the general Liberty of America: At such a juncture, and in such Circumstances, to be insulting their Religion, is so monstrous, as not to be suffered or excused; indeed instead of offering the most remote insult, it is our duty to address public thanks to these our Brethren, as to them we are so much indebted for every late happy Success over the common Enemy in Canada.”

Order in Quarters, November 5, 1775

– George Washington

This stand against anti-Catholicism was not unusual for Washington.  Throughout his life Washington had Catholic friends, including John Carroll, the first Catholic bishop in the US.  He would sometimes attend Mass, as he did during the Constitutional Convention when he led a delegation of the Convention to attend Mass in Philadelphia as he had attended Protestant churches in that town during the Convention.  This sent a powerful signal that under the Constitution Catholics would be just as good Americans as Protestant Americans.

Washington underlined this point in response to a letter from prominent Catholics, including Charles and John Carroll, congratulating him on being elected President: Continue reading

Jefferson’s Jesus

In my previous post I may have given the impression that I was simply doing what I accused David Barton of doing, namely, cherrypicking quotes from Thomas Jefferson in order to paint him how I wished. So here are a few more selections from the Jefferson oeuvre that should put to rest any notions that Jefferson was in any way an orthodox Christian. Continue reading

ObamaCare Ruling Watch

YouTube Preview Image

 

 

When the decision of the Supreme Court is released tomorrow at 9:00 AM Central Time I will do my best to link to the decision and have some commentary, work permitting in the law mines.  Now of course we can only guess what will happen.  Few things are more futile than attempting to guess what a court will do, but it is fun!  I share in the conventional wisdom that the Court will likely strike down the mandate but uphold the rest.  From a political standpoint, although it would be a travesty under the Constitution, I would prefer that the Court uphold the whole thing, since I think it would ignite a firestorm among conservatives and lead to a devastating defeat for Obama in the fall.  Well, we will see what happens tomorrow.

Fortnight For Freedom Day Seven: The Freemen Have Assented

YouTube Preview Image

 

Beginning for two weeks, up to Independence Day, the Bishops are having a Fortnight For Freedom:

On April 12, the Ad Hoc Committee on Religious Liberty of the U.S.  Conference of Catholic Bishops (USCCB) issued a document, “Our First,  Most Cherished Liberty,” outlining the bishops’ concerns over threats to religious freedom, both at home and abroad. The bishops called for a “Fortnight for Freedom,” a 14-day period of prayer, education and action in support of religious freedom, from June 21-July 4.

 

Bishops in their own dioceses are encouraged to arrange special events to  highlight the importance of defending religious freedom. Catholic  institutions are encouraged to do the same, especially in cooperation  with other Christians, Jews, people of other faiths and all who wish to  defend our most cherished freedom.

 

The fourteen days from June  21—the vigil of the Feasts of St. John Fisher and St. Thomas More—to  July 4, Independence Day, are dedicated to this “fortnight for  freedom”—a great hymn of prayer for our country. Our liturgical calendar celebrates a series of great martyrs who remained faithful in the face  of persecution by political power—St. John Fisher and St. Thomas More,  St. John the Baptist, SS. Peter and Paul, and the First Martyrs of the  Church of Rome.  Culminating on Independence Day, this special period of prayer, study, catechesis, and public action would emphasize both our  Christian and American heritage of liberty. Dioceses and parishes around the country could choose a date in that period for special events that  would constitute a great national campaign of teaching and witness for  religious liberty.

 

We here at The American Catholic are participating in the Fortnight For Freedom with special blog posts on each day.  This is the seventh of these blog posts.

Maryland, the Catholic colony, played an important role in early American colonial history.  Although Catholics in Maryland would eventually be stripped of many of their civil rights in Maryland by a Protestant majority until the time of the Revolution, while they were a political force they helped lay the foundations for a new nation.  One of the most remarkable documents produced during the time that Catholics ruled Maryland is The Toleration Act of 1649, one of the first legislative acts in the American colonies to establish toleration for all Christian faiths.  This was a compromise document between the Catholics and Protestants of Maryland and its text is as follows: Continue reading

1 2 3 7
Follow TAC by Clicking on the Buttons Below
Bookmark and Share
Subscribe by eMail

Enter your email:

Recent Comments
Archives
Our Visitors. . .
Our Subscribers. . .