All eyes on Viganò

Archbishop Carlo Maria Viganò’s Saturday bombshell has had quite an effect. Francis, asked about Viganò’s statement aboard the papal plane from Dublin to Rome, refused to respond, instead telling journalists to look into it for themselves. Msgr. Jean-François Lantheaume, formerly the first counsellor at the Nunciature in Washington and named by Viganò as a witness, has confirmed Viganò’s statements. Moreover, some interesting Facebook posts, purportedly from Lantheaume have been circulating. Naturally, Cardinals Cupich, Wuerl, and Tobin have all issued statements not-quite-denying Viganò’s allegations. And Cardinal Wuerl’s spokesman has issued a statement admitting that Wuerl canceled an event with McCarrick at Viganò’s request.

The Italian journalist and blogger Aldo Maria Valli has a long post, explaining how Viganò approached him to release his statement. Our Italian isn’t great and Google’s English version isn’t much better; however, the gist of the piece comes through. Hopefully it will be translated into English. The big bombshell of Valli’s piece is that Viganò, currently one of the most talked-about figures in the Church has gone into hiding outside of Italy. (This echoes some sinister comments in the Facebook post apparently written by Msgr. Lantheaume.) Aside from that dramatic touch, it’s an interesting piece that portrays Viganò as troubled by what he sees and aware of the responses he would receive.

And what responses! Some time ago, we wrote, for another venue, a piece comparing Francis to Donald J. Trump. That piece was criticized for such an outrageous comparison. (Never mind that others have made it.) This weekend shows that, regardless of President Trump’s similarity to the Pontiff, Francis’s supporters have much in common with the President’s. The liberal-Catholic media response to Viganò’s piece has been a chorus of claims that Viganò is making it up, that this is part of a coup against Francis, that Viganò is settling scores. “Fake news,” the “deep state,” and conflicts of interest might be how Trump’s supporters express those ideas, but the ideas are the same.

Despite the fact that the liberal Catholics in the United States and Italy have taken great pains to distance themselves from Trump and his policies, it is clear that they have learned well from Trump’s book of (extremely effective) communications strategies. When Villanova professor and leading Italian ice-cream enthusiast Massimo Faggioli is talking about a failed palace coup, you know that the language of the “deep state” works. One defender of Francis on Twitter has even gone so far as to call Viganò’s allegations “fake news.” It is astonishing to see strident critics of Trump fall immediately to his rhetoric to defend Francis. We doubt that Francis would be heartened by this.

Of course, the safer course has been marked by many prelates, including Cardinal DiNardo and even Cardinal Wuerl: there needs to be a full investigation into Viganò’s allegations. This poses its own problems. A key figure in Viganò’s allegations, Archbishop Pietro Sambi, his predecessor as nuncio, died unexpectedly in 2011. Viganò states that Sambi would have been the one to inform Cardinal Wuerl about Benedict’s sanctions against McCarrick. Wuerl has denied that Viganò provided him with detailed information on the matter, but his statement did not address whether or not Sambi had provided him with information. Additionally, it is entirely possible that McCarrick’s influence on Francis was not known to men McCarrick allegedly promoted, such as Joseph Tobin and Blase Cupich.

This is why Francis’s refusal to admit or deny the allegations is so troubling. At a moment in the Church when the laity is sick to death of reports of sexual abuse and cover ups, Francis’s position strikes a sour note. This follows his Letter to the People of God written in the wake of the Pennsylvania grand jury report. In that letter, before turning to the problem of clericalism in the context of abuse, Francis wrote, “I am conscious of the effort and work being carried out in various parts of the world to come up with the necessary means to ensure the safety and protection of the integrity of children and of vulnerable adults, as well as implementing zero tolerance and ways of making all those who perpetrate or cover up these crimes accountable.” Given that the allegations against McCarrick are basically that he preyed on children and vulnerable adults—seminarians—Francis’s nonresponse on the plane is especially disheartening.

In that letter, Francis went on to write: “This awareness of being part of a people and a shared history will enable us to acknowledge our past sins and mistakes with a penitential openness that can allow us to be renewed from within.  Without the active participation of all the Church’s members, everything being done to uproot the culture of abuse in our communities will not be successful in generating the necessary dynamics for sound and realistic change.” It is hard to square “penitential openness” with a refusal to answer the allegations of a longtime Curial official and diplomat—an archbishop—even if to deny them or explain them.

We thought Francis was perhaps out in left field when he linked the crisis with clericalism. His supporters’ rhetoric—so far from penitential openness—seems, however, to be linked intrinsically with the clericalism he condemns. He wrote, “whenever we have tried to replace, or silence, or ignore, or reduce the People of God to small elites, we end up creating communities, projects, theological approaches, spiritualities and structures without roots, without memory, without faces, without bodies and ultimately, without lives.” The response of his supporters, denying Viganò’s statement not by adducing facts but by attacking character seems precisely like this exclusionary vision of the Church. Viganò, who is not one of the sons of light in the new order, has dared to speak out. He must be silenced, ignored, or excluded—precisely the clericalist attitudes that Francis identifies as root causes of the abuse crisis. Is this really the renewal Francis has called for?

The sober response of many—the call for an investigation—is the beginning of Francis’s penitential openness, not Trumpian cries of “fake news” and “deep state” and “coup.” If there is nothing to Viganò’s allegations, if they are the bitter rhetoric of a disappointed old intriguer, as the critics claim, then an investigation can be nothing but a good thing.

The bombshell

Today, an eleven-page document, apparently written by Archbishop Carlo Maria Viganò, former nuncio to the United States, was released. It is a stunning document, alleging basically that the Holy Father was aware of then-Cardinal Theodore McCarrick’s abusive activities but promoted McCarrick for a variety of reasons. More than that, it paints McCarrick as a close adviser to Francis on American matters. Indeed, it suggests that McCarrick was the architect of Francis’s high-profile American appointments, such as Blase Cupich’s appointment to Chicago and Joseph Tobin’s appointment to Newark. Some of these allegations were known; for example, Rocco Palmo reported when Tobin was translated from Indianapolis to Newark that McCarrick was behind the move. However, after McCarrick’s meteoric fall, Tobin’s partisans pressured Palmo to recant the reporting. He has refused to do so. However, other allegations are coming to light for the first time.

Viganò’s document implicates a huge number of high-profile churchmen. Three Secretaries of State—Sodano, Bertone, and Parolin—are alleged to have furthered McCarrick’s career, despite warnings in Rome about his misdeeds. Other high prelates are alleged to have known about McCarrick’s crimes. Viganò states that Benedict XVI imposed some sanctions on McCarrick following these warnings, basically ordering him out of public life. However, Viganò’s most serious allegation is that Francis rescinded these sanctions upon his election in 2013. Viganò goes on to claim that McCarrick became—along with Cardinal Maradiaga—a kingmaker in the Curia under Francis and a trusted adviser, especially with respect to the Obama administration. The whole document must be read, and the allegations take one’s breath away.

In a small but explosive bit of Edward Pentin’s coverage of Viganò’s statement, Pentin writes that Benedict XVI was aware of the allegations against McCarrick and recalls (today, presumably) ordering Cardinal Bertone to impose sanctions on McCarrick, but he cannot recall what the nature of those sanctions was. This adds some confirmation to Viganò’s statement, since he alleges that Benedict’s sanctions against McCarrick were common knowledge in the Curia and had been communicated repeatedly to McCarrick and his successor, Donald Cardinal Wuerl. He suggests that Cardinal Bertone and others may have helped McCarrick skirt Benedict’s sanctions by delaying their imposition.

The bottom line is this: Viganò alleges that McCarrick was aided and abetted by prominent churchmen from Pope Francis on down, despite his misconduct with seminarians being documented thoroughly. As a result of the corruption that Viganò details in his letter, Viganò demands that the Pope and high prelates resign over all this. At the very least, one wishes that there would be total transparency on the McCarrick case. Surely someone in Rome has a scanner and could make a PDF of his file at the Secretariat of State and the Congregation for Bishops; ideally, this would be posted on the Vatican’s website, so that the Church, if it is interested, can review the documents and come to its own conclusions about the McCarrick affair. But Viganò’s demand that Francis abdicate goes well beyond a Truth and Reconciliation Process for the McCarrick case.

The demand is not quite unprecedented—after all, in the climax to the Investiture Controversy, Kaiser Heinrich IV demanded that Pope Gregory VII resign. But it is hard to think of more recent examples of an archbishop and longtime Vatican bureaucrat and diplomat calling for the abdication of the Roman Pontiff. It is supremely unlikely that Francis will abdicate over this. But it is a sobering reminder of the corruption at the highest levels of the Church. It is rumored that Benedict XVI abdicated when he realized he lacked the strength to reform the Roman Curia. Tonight, anyway, Francis’s pontificate teeters on the edge under the weight of these allegations—allegations that are remarkably similar to what is alleged to have brought down Benedict’s papacy.

No doubt the Pope’s partisans will dredge up Viganò’s misdeeds. He will be presented as the far-right culture warrior who brought Kim Davis to meet the Pope. He will be presented as a longtime malcontent and complainer, whose letter to Benedict about his promotion to the nunciature (engineered by Cardinal Bertone when Viganò started poking his nose into Bertone’s business) touched off the first Vatileaks scandal. He may even be presented as someone who has played his own sorry role in the abuse scandal, as it is alleged by the people who investigated Archbishop John C. Nienstedt that Viganò told them to keep quiet. Of course, this last affair begins to look strange in the light of Viganò’s allegations today.

However, the funny thing is that it’s hard to see how Viganò’s misdeeds make him a liar. He may, in fact, be a culture warrior who has a grudge against Francis for sacking him from the nunciature and withholding the customary red hat. He may, in fact, be a talented Curial bureaucrat who torpedoed his career by asking questions better left unasked. And he may have made bad decisions when confronted with the misdeeds of others, like Nienstedt. But it’s hard to spin this past into the conclusion that Viganò is a fabulist. Indeed, he seems like exactly the sort of character who ends up spilling the beans on everything for a variety of motives, some noble and some less noble.

The ball is now in Francis’s court—not a happy thought from any perspective. The Vatican seems incapable of managing a crisis, and this probably counts as a crisis. The Holy See Press Office has been caught flat footed time and time again. The Barros affair in Chile seriously damaged Francis’s credibility and the narrative was out of control before the Vatican acted. The combination of the McCarrick revelations and the Pennsylvania grand jury report imperiled (and still imperils, frankly) the moral authority of the U.S. hierarchy, but it took quite some time for Francis to respond. And when he did, he blamed clericalism. It will be bitterly ironic if Viganò’s allegations are confirmed, either by individuals with knowledge who are emboldened to come forward or by solid reporting by outside journalists, since there’s no other word for McCarrick’s protection and promotion under Francis than clericalism.

Pointing to noted non-Catholic and bouillabaisse enthusiast Rod Dreher’s coverage of the breaking news, Alan Jacobs seems to think that nothing will come of this. We shall see. We agree with Jacobs that Francis probably will not address this head on, but we already see Francis’s partisans like the anonymous (but allegedly well connected) Twitter account @Pope_news coming out to attack Viganò. We know that Francis is perfectly happy to use intermediaries, like Fr. Antonio Spadaro, S.J., or the bishops of the Buenos Aires pastoral region or any of a whole host of people, to make his arguments for him. How they react to this will be a good sign of how Francis reacts to it. Moreover, it will be harder for prelates like Blase Cupich, Joseph Tobin, and Robert McElroy, to maintain silence if intrepid journalists follow up on Viganò’s allegations and find confirmation. In the meantime, there is little for the rest of us to do—except watch, wait, and pray.

A little more on the new catechism

John Joy has done it again! Just a few days ago, we cited Joy’s brilliant defense of the infallibility of Quanta cura against the anti-integralists of the Witherspoon Institute’s house organ, Public Discourse. Now, after Francis’s baffling declaration of the inadmissibility, Joy lays out at The Josias an unanswerable case against assent to the new text of the Catechism. Joy digs in to the language of the new Catechism text and Cardinal Ladaria’s letter to argue that the Catechism text is an act of the authentic papal magisterium and as such presumptively entitled to religious submission of will and intellect. He then rebuts the presumption, showing how ambiguous and contradictory it is. More than this, the morality of the death penalty is, Joy shows, a dogmatic teaching of the Church. For these reasons, Joy concludes, the faithful are well advised to withhold assent from the new teaching until the Church sorts things out.

For us, Joy’s piece shows how weird the change and the arguments adduced in support of the change really are. In particular, given the language in the new text and Cardinal Ladaria’s letter about the once-upon-a-time morality of the death penalty, it is hard to see how “inadmissible” can mean intrinsece malum. Fr. John Hunwicke, as always full of Latin erudition, has picked up on this point. Of course, the Pope knows how to say something is immoral—though he seems to spend more time saying things aren’t immoral, no matter how they might seem—and his Latinists know how to say something is intrinsece malum. Thus, the fact that they chose the baffling non posse admitti over intrinsece malum suggests that they did not intend to say that it was intrinsece malum. Perhaps they meant to imply it though. Francis is a master of implication, as we have seen time and time again, and perhaps, acknowledging the doctrinal difficulties in saying the death penalty is intrinsece malum, he merely wished to imply it. We think not.

In Veritatis splendor (no. 80), John Paul cites Gaudium et spes 27 for a long list of acts “always and per se” seriously wrong, regardless of their circumstances. The text of the new Catechism could have compared the death penalty to those acts, taking the Council’s condemnation and dragging it into this context, instead of relying on the march of progress to make it “inadmissible.” Moreover, John Paul went on to teach, “If acts are intrinsically evil, a good intention or particular circumstances can diminish their evil, but they cannot remove it. They remain ‘irremediably’ evil acts; per se and in themselves they are not capable of being ordered to God and to the good of the person” (no. 81). Yet the text of the new Catechism acknowledges that, “Recourse to the death penalty on the part of legitimate authority, following a fair trial, was long considered an appropriate response to the gravity of certain crimes and an acceptable, albeit extreme, means of safeguarding the common good.” (Emphasis supplied.) The text goes on to speak about “Today” and “a new understanding” and “more effective systems,” implying that the moral liceity of the death penalty hinges on this narrative of progress. If Francis or Cardinal Ladaria or whoever wanted to imply that the death penalty was intrinsece malum, they sure picked a funny way to do it. Indeed, given what John Paul says in Veritatis splendor, they have picked the exact backwards way to do it. Consequently, we do not believe that they even imply that the death penalty is intrinsece malum. Given the fact that they neither say nor imply that it is intrinsece malum, we must conclude that they do not think it is intrinsece malum. Good! Francis may just have saved his tiara after all!

Moreover, the question has occurred to us whether the change to the Catechism may rightly be called a papal act. If a dicasterial text is to be considered a papal act as opposed to an act of the responsible dicastery, in the practice of the Church (see, e.g., art. 126 of the 1999 Regolamente Generale della Curia Romana), then it must be approved in forma specifica. In fact, it must contain the magic words approbavit in forma specifica (with reference to the Roman Pontiff). In the Latin rescript accompanying the new Catechism text, we find only approbavit. Does this mean that the change to the Catechism is merely an act of the Congregation for the Doctrine of the Faith? (Remember that Francis knows how to promote someone else’s text to his authentic magisterium.) Some clever canonist or theologian will have to explain it to us! Perhaps it doesn’t matter: Francis has made on a couple of occasions statements basically the same as the new Catechism text. But given his manner of speaking, it might be argued that those statements have basically no magisterial value.

But these speculations are ultimately unnecessary. Francis’s partisans, official and otherwise, will insist simultaneously that this is a major change and that it is simply a development in existing doctrine. Only a few members of Team Bergoglio, like Massimo Faggioli, will have the intellectual honesty to assert that this is a major rupture with the Church’s prior teaching. However, they will in the same breath assert that such ruptures are simply part of the Church’s life. In this respect, Faggioli (and those like him) are the mirror image of the traditionalists who likewise assert that there have been numerous ruptures in teaching, especially since the Second Vatican Council. That said, there is no sense meeting Francis’s partisans with narrow technical arguments about whether or not the rescript approving the new text had the three magic words to make it a papal act.

However, there is a lot of sense, for those inclined to do so, to meet Francis’s partisans with John Joy’s argument. But we stand on the point we made a couple of days ago. The merits of the Catechism change itself are what they are. Joy’s argument against assent is, we think, quite unanswerable. However, the Catechism text is not ultimately about the death penalty. It is about returning to the dialectic that prevailed in the Church prior to Paul VI’s death forty years ago tomorrow. Seen in that dimension, Francis has succeeded.

The new catechism

Today, the Vatican released a letter from Luis Cardinal Ladaria, prefect of the Congregation for the Doctrine of the Faith, informing the bishops (and the world) that Pope Francis has approved a change to the Catechism of the Catholic Church, holding that the death penalty is “inadmissible.” To keen observers of Francis’s public statements, this was no surprise. Francis, in an address about a year ago, signaled his view that the death penalty was “inadmissible” and his desire to change the Catechism to reflect his views. At the time, we were writing a column for First Things, and we addressed Francis’s comments there. You may find that column here, if you are so interested; we recede from none of our comments. Despite the fact that we had a year’s warning, many Catholics, especially Catholics on Twitter, reacted to Francis’s changes with great dismay and alarm.

I.

It is hard to know how to respond to the dismay and alarm of so many of our friends and brothers and sisters in the Faith. One could, if one were inclined, parse the revised Catechism text closely. It is a string of non sequiturs culminating in a declaration of “inadmissibility.” None of the three paragraphs seems logically connected to any one of the other two, much less both of them. It is unclear what the reasoning is, and it is unclear what “inadmissible” means in the context of an incoherent argument. One could also, if one were inclined, discuss how Francis’s statement is not really a radical departure from what John Paul II said in Evangelium vitae. If one were a glutton for homework, one could also explain how the inclusion of a statement in the Catechism does not add magisterial weight to the statement itself; that is, a statement’s weight is determined on its own terms. One could conclude by pointing to the International Theological Commission’s document on the sensus fidei and suggest that one could withhold one’s assent to the new teaching and appeal to the universal magisterium.

Our initial impulse was to explain how bizarre the new Catechism text is in light of Thomas Aquinas’s normative teaching on the death penalty, as set forth in ST II-II q.64 a.2 and SCG III.146. The note that came from Cardinal Ladaria mentions, albeit in a confused way, the development of doctrine. However, it is unclear how the Thomistic arguments in favor of the death penalty could develop at all, much less develop in such a way that the death penalty is made inadmissible. This argument is relatively easy, and it points to all sorts of ideas, including the common good and an understanding of human dignity that is not altogether present in the Catechism text or Cardinal Ladaria’s letter. Anyway, excellent thinkers like Ed Feser will no doubt intervene decisively to demonstrate the profoundly un-Thomistic nature of the new text and the explanation that comes with it.

We also thought about reading the Vatican tea leaves. For example, a sharp friend of ours observed that this might be one of the reasons why Francis was so eager to fire Cardinal Müller. As Francis’s first quinquennium has come and gone, we had expected, under the principle he articulated when firing Müller, to see a whole raft of dismissals. No one needs to be in the Curia longer than five years, especially when the judgment of the hierarchy is as suspect as it is now, in the wake of the disturbing revelations about Archbishop McCarrick and about Pennsylvania. Such dismissals have not been forthcoming—shock of shocks! So, we see Müller ousted on grounds that seemed to have been invented to oust Müller. Perhaps his resistance to this, in addition to his evident unhappiness with Amoris laetitia and his exclusion from Francis’s court more generally, was a factor. It will be interesting to see what, if anything, he says.

However, there are other valid takes. If one were trying to get a lot of traffic from traditionalist blogs and Twitter accounts, one could discuss the great canonist Franz Xavier Wernz, S.J., who discussed in his great Ius Canonicum, volume 2, numbers 453 and 454, the process by which the Church can declare that a heretical pope has deposed himself. Note that such an argument is not conciliarism—that is, one need not hold that a general council is competent to judge a pope and deprive him of office. Instead, Wernz holds that the pope effectively deprives himself the papacy by teaching error and that the general council merely declares the fact of the error. We are a little surprised that such takes have not been forthcoming in greater quantity. How soon we have forgotten the bruising battles over Amoris laetitia! Not two years ago, everyone was an expert in Cardinal Bellarmine and John of St. Thomas and the Canon Si Papa.

Speaking of Amoris laetitia, one could get a few laughs by constructing an argument, as some have already done, that, whatever the objective norm against the death penalty may be, concrete circumstances must be taken into account. It may not be possible, in the light of such concrete circumstances, for a country, while recognizing that the death penalty is objectively inadmissible, to live up to the norm immediately. Instead, the country must be accompanied by the law of gradualism to execute fewer and fewer of its citizens until it can live more fully in keeping with the inadmissibility of the death penalty. Surely the country that prefers to execute its murderers is no less entitled to pastoral accompaniment than a person who has divorced and remarried a few times. Times are tough all over.

II.

The thought that we find hardest to shake is this: the Catechism plays basically no role in our life. Whenever we have a question about the Faith, we turn first to Thomas Aquinas’s Summa Theologiae, then to other works by Thomas, then to commentaries on Thomas’s works, then to magisterial documents like the acts of Trent or the Vatican Council, and then to papal documents, and finally to trusted commentators. Also, candidly, the old Catholic Encyclopedia is an excellent resource, especially if we do not know where to begin. The Catechism is only useful when we are looking for a prooftext when in dialogue with someone who seems like they would find the Catechism an important source. If no one had told us that the Catechism was changed on this point, we never would have found out.

The Catechism is the summit of the consensus John Paul II forged. It cites, insofar as we can tell, scripture, the acts of the Second Vatican Council, and John Paul’s magisterium, almost to the exclusion of anything between the death of the last Apostle and 1963. The Catechism represented the idea that history had ended within the Church: we could finally say that there was a definitive compendium of Catholic teachings. Yet this end of ecclesiastical history in the Church required John Paul’s force of will to maintain the consensus. And as soon as John Paul went on to his reward, that consensus crumbled. Benedict XVI backed away from it, beginning with the Christmas address to the Curia, and definitely with Summorum Pontificum. And Francis has backed away from it even more decisively. As we have noted elsewhere, history has begun again in the Church.

Of course, it is unclear that the collapse of the John Paul II consensus really needed Benedict’s or Francis’s help. The recent revelations about Archbishop Theodore McCarrick have rocked the Church in the past few weeks. Indeed, they led McCarrick to resign the cardinalate and the Vatican has ordered him to solitude and prayer while a canonical investigation and trial against him proceeds. Among the revelations is the fact that individuals claim that they warned Rome about McCarrick’s infamous behavior prior to his translation from Newark to Washington, D.C., under John Paul II. This has the potential, we think, to lead to a serious reappraisal of John Paul’s reign, especially as it relates to the administration of the Church. Indeed, we have seen signs of such a reappraisal over the last few weeks. At the very least, it raises awkward questions about how such reports were handled—questions that have appeared under Francis’s watch, too.

Moreover, as we noted above, it seems strange to have a discussion about the Catechism changes outside the context of Amoris laetitia, Gaudete et exsultate, the protestant communion fight, and any number of more or less formal papal statements. It is clear that Francis wishes, to the extent possible (which is a bigger caveat than you’d think), to move doctrine leftward. He has not been able to do so with any great success, and he has produced a bunch of borderline incoherent statements, the new Catechism text among them. While one can give thanks that the Holy Spirit has protected Francis and the Church so well, one can also note that there have been doctrinal controversies since 2013 before now. However, it is obvious that most of these changes seem to be motivated by Francis’s desire to abandon the John Paul consensus and return to the debates that John Paul put on hold and kept on hold during his pontificate.

While the Catechism has been a helpful resource in the Church for many, we are told, it is a sign of a consensus that no longer exists. The doctrinal disputes putatively settled by the big green book have re-emerged, with as much ferocity as they had in August 1978. Indeed, it seems significant that we are only a few days away from the fortieth anniversary of Paul VI’s death on August 6. The clock has been rolled back to August 2, 1978 in many ways. Seen in this light, Francis’s change to the Catechism, whatever its merits in doctrinal terms, is as good a sign of the current state of the Church as the Catechism itself was in its day. What remains to be seen is the course of history in the Church, now that it has so clearly begun again.

Integralism, dogma, and sinking ships

It has been impressive to watch the Witherspoon Institute’s publication, Public Discourse, become one of the leading anti-integralist publications. Under Ryan T. Anderson and Serena Sigillito’s leadership, Public Discourse has been a reliable home for liberal critiques of the Church’s traditional teaching on the correct order of Church and state. Indeed, if you are looking for a liberal critique of the Church’s traditional teaching on a whole host of issues, Public Discourse looks like it is becoming your one-stop shop. (Remember Nathaniel Peters’s exposition of about half of an article in the Secunda Secundae during the Mortara controversy?) Earlier this month, in keeping with this editorial direction, Public Discourse ran an article by law professor Robert T. Miller arguing, basically, that integralism is heresy. Miller’s piece is baffling from the jump, since he’s responding to an essay by Joseph Trabbic, which argued that a Catholic confessional state is normative but impossible. But as we shall soon see, Miller’s essay is not only baffling, it’s wrong.

But before we get to how wrong Miller is—and he’s so wrong the opposite of what he says isn’t even right—it is worth considering the fanatic anti-integralism of Public Discourse lately. First of all, there is some irony in Public Discourse‘s new editorial line. Traditionalists have accused the liberals of heresy (or worse) in the wake of the Second Vatican Council. Archbishop Marcel Lefebvre’s Open Letter to Confused Catholics, with its ringing condemnations of the spirit of the French revolution of 1789, demonstrates clearly the incompatibility of liberalism with the traditional teaching of the Church. Now we see the liberals, formerly ascendant, adopting the rhetoric of the formerly embattled minority. Just as the traditionalists pointed to the teaching of Pius IX, Leo XIII, and Pius X, so too do the liberals point to Dignitatis humanae. Time will tell whether this amusing trend continues. However, there is more than irony in Miller’s piece and Public Discourse‘s new editorial line.

As we had occasion elsewhere to remark, it seems like every Public Discourse essay these days is the band playing “Nearer My God to Thee” on the doomed ship, Liberalism. After sixty years, the postwar liberal project appears to be imperiled on every front. Let us not delude ourselves, however. Not every assault on liberalism is equivalent, and it is far from clear to us that the challenges to the liberal order will be successful in the long run. Nevertheless, it is clear that many Catholic liberals see integralism—not rising populist tides or the prospect of authoritarian democracy—as the real challenge to the liberal world view. This is quite natural, we think, since integralism is based upon the teachings of the great popes who really did challenge liberalism at a time when liberalism was not so entrenched as it is, today. Assaults on integralism like Miller’s have the air of preaching to the choir to remind everyone why they are good liberals, opposed to the wicked integralists.

Miller relies, fundamentally, on the argument that whatever the doctrine was before the Second Vatican Council, the Council changed it. This relies primarily on a tendentious reading of Dignitatis humanae, which is par for the course among the anti-integralist liberals. But Miller, not content to make the simple assertion that Dignitatis humanae changed the Church’s teaching, takes it a step farther. He argues that the anti-liberal encyclicals of Pius IX, Leo XIII, and Pius X set forth teachings that are not de fide. Indeed, he suggests that there is no de fide teaching in support of a Catholic confessional state, much less the integralist state. Thus, the Second Vatican Council’s teaching is a perfectly legitimate change in doctrine and the integralists hold views contrary to that doctrine. Tough talk! Happily, at the Dialogos Institute’s blog, Dr. John P. Joy, head of the St. Albert the Great Center for Scholastic Studies, which hosts the summer programs that always look so fascinating, has responded to Miller’s essay.

And what a response! Miller argued that while parts of Pius IX’s Quanta cura were infallible, other parts weren’t. Joy demonstrates clearly and unequivocally that all of the propositions condemned in Quanta cura are infallible. And he does so by returning to the core documents regarding infallibility: Pastor aeternus and Bishop Vinzenz Gasser’s relatio at the First Vatican Council regarding the schema that became Pastor aeternus. (Gasser’s relatio begins on col. 1204 of vol. 52 of your Mansi.) By comparison, Miller just looks at the language of Pius IX’s bull Ineffabilis Deus and Pius XII’s constitution Munificentissimus Deus. It goes without saying that Joy’s approach is by far more coherent and consistent with Catholic teaching than Miller’s prooftexting. After all, nowhere in Pastor aeternus do you find the requirement that a pope use magic words to speak ex cathedra and, therefore, infallibly. Relying on Pastor aeternus and Gasser, Joy makes a powerful claim that the propositions condemned in Quanta cura were condemned infallibly. We will not spoil Joy’s essay for you—it is a treat to read—but we will say that we do not see how Miller can answer Joy coherently.

We note—though Joy does not press his point too hard, since he’s got Miller on the canvas, so to speak—that this brings Leo XIII’s anti-liberal encyclicals and Pius X’s anti-liberal encyclicals into a different light. The teachings of those great popes are obviously connected—both historically and logically—to Pius IX’s infallible condemnation of certain liberal doctrines. We know from the Congregation for the Doctrine of the Faith’s doctrinal commentary to Ad tuendam Fidem that such teachings are definitive and that they may be at some point in the future dogmatically proclaimed. We would be interested to see Joy return to this question, simply to see his lucid argument on a topic of great interest. The point, however, is clear: if the condemnations of Quanta cura are infallible—and Joy pretty well establishes that they are infallible—then we must consider Leo XIII and Pius X’s encyclicals developing the teaching of Quanta cura as definitive.

We are not so courtly as Joy, and will press this last point a little bit farther. A great brain of our acquaintance mentioned, offhandedly (as usual), that Joy’s view was adopted by no less an authority than the great canonist and Jesuit general, Francis Xavier Wernz, in his monumental manual, Ius Decretalium. In volume I, page 385, Wernz states clearly the opinion that Quanta cura is infallible and the errors condemned by that encyclical (and the Syllabus Errorum) are infallibly condemned. We recommend heartily Wernz’s treatment of Quanta cura and Syllabus in the pages following page 385, especially the examples of the treatment of Quanta cura as infallible during Leo XIII’s pontificate. Wernz goes on, we observe, to discuss the relationship between Pius’s condemnations and Leo’s encyclicals. In Wernz’s view, the relationship is even more essential than the obvious historical and logical connections; Wernz holds that the relationship between Pius’s condemnations and Leo’s explanations is like the relationship between the canons and the doctrinal chapters of the great decrees of the Council of Trent and the First Vatican Council (Ius Decretalium, vol. 1, p. 387).

If this is the case, and we surely think it is, then the magisterial weight of Leo’s anti-liberal encyclicals must be increased greatly. Of course, this is not a particularly groundbreaking conclusion to an integralist. Whether it was an act of the extraordinary magisterium or simply the universal ordinary magisterium, the Church taught certain anti-liberal doctrines infallibly. Leo XIII and Pius X’s anti-liberal encyclicals must, therefore, be read as definitive statements of the Church’s political thought. Dignitatis humanae has to be read in this light, too, and we think there are readings of Dignatatis humanae that are consistent with this view. Any integralist can tell you this.

This will no doubt be unwelcome news to Miller and his editors at Public Discourse, and we do not expect them to accept Joy’s argument, however obvious it may be. At this point, the commitments to liberalism—commitments usually driven by secular political objectives—are too strong to be shaken, even by an argument as powerful as Joy’s. Obviously, we would read Miller’s response with close attention. But we know what he’s going to say: Dignitatis humanae changed the teachings in some meaningful way and, therefore, either Pius IX was not infallible or a general council taught heresy. A better reading of Dignitatis humanae avoids such dilemmas, but such readings inevitably end with an affirmation of the Church’s anti-liberal teachings. That won’t do, we suspect, for Public Discourse.

We have previously argued that there is a real need for integralist institutions. Existing institutions like Public Discourse or First Things or any of a whole host of other organizations and publications are simply too committed to liberalism of one form or another to provide a welcome environment for integralists. The Miller-Joy exchange drives that home. There should be a publication that presents Joy’s argument on the same level as Miller’s. And there should be a publication that permits frank discussion on politics and culture motivated by the same rigorous, Catholic thought that motivates Joy’s presentation of Quanta cura.

The anniversary

There is little left to be said about Humanae vitae. This is not because it is not a rich and fruitful document. It is, of course. Indeed, it is the foundation of the Church’s entire moral position in the modern age. When Paul refused to open the door to birth control, he provided the conceptual framework for John Paul to keep the door barred against abortion and euthanasia. He also provided the orientation toward human life that one finds in Francis’s Laudato si’. On the other hand, no other papal pronouncement has been as controversial the world over as Humanae vitae. It has been cheered and lamented by Catholics and non-Catholics alike. Yet it is the fiftieth anniversary of Humanae vitae, and the occasion does, we think, call for a few words.

Foremost among them is the recognition of the fact that we have discussed before. 2018 is the year of Paul VI. We have seen the fiftieth anniversary of the Credo of the People of God, we are marking the fiftieth anniversary of Humanae vitae, and this fall, we shall see him raised to the altars as Saint Paul VI. But the influence of Paul VI in this time extends far beyond some anniversaries and a canonization. There is a sense that the Church has been plunged, since 2013, into some of the debates that raged under Paul VI. After the pause presented by John Paul II and Benedict XVI—and the collapse of the consensus that those popes represented—the dialectic within the Church between tradition and modernity (and, frankly, modernism) has resumed.

We have commented, we think, elsewhere about Gladden Pappin’s argument (following Baudrillard) that, following the pause from 1991 to 2001, history has resumed. Perhaps there is something to be said for this in terms of world history. But it seems clear that, regardless of what has happened in the world at large, history has resumed in the Church. It is natural, therefore, to look back to Paul VI in these times. Paul VI was the last pope to confront—and be forced to judge—the conflict between tradition and modernity. And Humanae vitae is the premier example of Paul confronting and deciding such a conflict. The lessons of Paul’s act of frankly Apostolic courage and clarity still deserve to be considered, along with the other lessons to be drawn from Paul’s complex, often frustrating papacy.

In Humanae vitae, we find the germ of the basic liberal narrative of the Church. After the Council, all things were possible and it looked like the Church was going to enter modernity enthusiastically. Innovations that were opposed fiercely by Pius XII in Humani generis looked tame in comparison to what burst onto the scene after 1965. Then Pope Paul, with a voice that seemed to come from an earlier time, clearly and unambiguously opposed one of the most cherished practices of modern liberalism. Things started to go wrong. For the liberals, 1968 to 2013 was an unmitigated stream of disasters and disappointments. (This is not quite right, but close enough for our purposes.) Ever since Humanae vitae, there is a sense of having lost what could have been. And this sense has become especially acute since Francis’s election.

The story of Humanae vitae is well known by now. Paul set up a commission to study birth control. The bishops and theologians came down almost unanimously in favor of permitting, at least in some circumstances, birth control. It was widely expected—and a draft of an encyclical prepared, if we remember right—that Paul would ratify the decision of the commission. However, the towering prefect of the Holy Office, Alfredo Cardinal Ottaviani, and a handful of others (no doubt, in the standard liberal telling of the story, identified as reactionaries), opposed such an opening. They were able to convince Paul to go against the experts on the commission and reject any opening to birth control. Yet, according to the liberals, this teaching has not been received by the faithful, who contracept in roughly the same proportion as the faithful of the third century professed that the Son was of like substance as the Father, and some future enlightened pope is expected to come and set things straight.

We have mused before whether the deliberations leading to Humanae vitae were on Paul’s mind when he proclaimed his great Credo of the People of God. The basic narrative is, of course, that Paul was dismayed by the Dutch Catechism and other errors and enormities seemingly receiving approval from the hierarchy. He decided, therefore, to confirm his brethren in the Apostolic faith handed down from Peter to Paul VI. Yet we cannot shake the sense that Paul’s creed and Humanae vitae are of a piece. To say that the Paul of Humanae vitae is separate from the Paul of the creed would be to separate him from himself. One reads about Paul’s agonies of conscience during the explosive period following the Council, but one does not read that Paul was unmoored altogether.

We see then that Paul understood acutely the essence of the Petrine ministry. The pope acts as the guardian of the unity of the faith. His refusal to bend to the spirit of the age must be seen as an act touching upon the very essence of the papacy. Over the past five years, especially in the context over the debate of Amoris laetitia, we have had opportunity to read much (and write some) about the vision of the papacy in Pastor aeternus, the First Vatican Council’s great dogmatic decree about the Petrine office. The pope receives the assistance of the Holy Spirit not so that he can propose new doctrines—after all, public revelation ceased with the death of the last apostle—but so that he can guard the faith definitively. To condemn error is, therefore, at the heart of the Petrine office.

In this regard, Paul had for his example Pius XI and his encyclical, Casti connubii. In that document, which may be read as a rejoinder to the Anglicans’ collapse and acceptance of contraception at the 1930 Lambeth Conference, Pius condemned contraception in ringing terms. Terms, in fact, that have been argued invoked the extraordinary magisterium. Indeed, we know because the working papers of Paul’s commission to examine birth control were leaked at the time to try to create pressure on the pope that the irreformability of Casti connubii was hotly debated in the commission. However, it appears that Pius XI and Casti connubii weighed heavily on Paul’s mind.

The pope’s role as guarantor of the unity of faith would be undercut severely if a pope were, per impossibile, to overturn a clear ruling by one of his predecessors in a matter touching upon faith and morals. Once such a thing happened, the rule of faith would be at the mercy of the reigning pope. After all, what one pope does, another pope can undo. Whether or not Paul articulated that sense, we do not know. However, by reaffirming Pius’s clear condemnation of contraception, whether Casti connubii was technically infallible or not, Paul revealed his knowledge of the deeper truth about the papacy.

This was understood, we think, by his contemporaries. The Jesuit-run AARP Magazine supplement, America, has relived its glory days by posting some of its contemporary content about Humanae vitae. One of its early editorials responds to Humanae vitae by placing dissenters in dialogue with Paul himself. Paul’s teaching was not a teaching, according to the editors, but merely one opinion among many, based on reasoning subject to critique. It was, we see, anything except an Apostolic utterance, drawing its authority from Christ’s command to Peter to teach all nations. In other words, the critics of Humanae vitae have to topple the pope from his exalted position and make him just another man on the street with just another opinion. There is no other way to resist Paul on this point.

The demise of the American king

Anthony Kennedy has announced his retirement. Every politically aware person in the United States—and recall that man is a political animal—has been waiting for this moment. At American Affairs, Gladden Pappin, following Baudrillard, has argued that history has begun again after its post-1991 hiatus. You can agree or disagree with his argument, but we think it is impossible to deny that Kennedy’s retirement feels like the resumption of history. Prior appointments have not been hugely significant, except to those who watch the Supreme Court. Even the fracas over Scalia’s replacement was ultimately a battle about replacing one “conservative” justice with another “conservative” justice. The storm over Kennedy’s replacement has a historical dimension.  Indeed, it has an apocalyptic dimension.

What is so extraordinary is how quickly the reaction to Kennedy’s retirement has progressed to an acknowledgement by left-liberals that Roe v. Wade, Casey v. Planned Parenthood, and Obergefell v. Hodges are in dire jeopardy. That means, of course, that abortion on demand and same-sex marriage, the two central struts in the modern left-liberal platform, are in dire jeopardy. Indeed, skimming some of the initial reactions on Twitter, it seemed to us that many left-liberals have conceded that Kennedy’s retirement means the end of those precedents and the policies they enshrine. This is a breathtaking sentiment: for left-liberals, one man has been responsible for ordering the American Republic toward the common good as they imagine it. In this vision, Anthony Kennedy has been more than a career federal appellate judge and sometime deciding vote on the Republic’s highest court.

He has been, in effect, a king. This is a cliche by now. Google “Anthony Kennedy philosopher king” and see how many hits you get. As recently as January, Michael Brendan Dougherty, a conservative columnist at National Review, characterized Kennedy as our “philosopher king,” whose decisions give legitimacy to an ever-more-polarized United States and who restrains the excesses of whichever political coalition is ascendant. We doubt that Dougherty finds Kennedy’s decisions, especially his lodestar decisions in Casey and Obergefell, especially congenial. But he makes essentially the same point the left-liberals do. Kennedy was the guarantor of unity and order in the American Republic. The hyper-polarized electorate and the never-ending electoral cycle necessarily lead to dissension and disunity. By drawing firm boundaries, as Dougherty might say, around the edges of what the political coalitions can do to each other, Kennedy guaranteed that the dissension and disunity would not get too bad.

But, of course, in singlehandedly enacting and upholding the core left-liberal agenda, Kennedy stoked the fires of fairly serious dissension and disunity. One could draw a fairly straight line between Kennedy’s decisions in Casey and Obergefell and the toxic nihilism that motivates much of political discourse on the right.