From Vermeule to Newman

Former Catholic and amateur butter importer Rod Dreher has criticized Harvard Law professor and current Catholic Adrian Vermeule for his insufficiently critical stance toward Pope Francis. Dreher, currently in communion with one of the several Orthodox jurisdictions in the United States, argues that Vermeule’s ultramontanism stems from Vermeule’s Schmittian priors. You can read the blog post and decide for yourselves. However, Dreher’s screed follows hot on the heels of a general meltdown over Francis’s decision to canonize Pope Paul VI. Additionally, Archbishop Carlo Maria Viganò continues to publish statements about his allegations regarding the handling of Archbishop Theodore McCarrick’s case. All of these things have us thinking about the correct mode of criticism and the need for crucial distinctions.

In some circles, it seems that the default position on Francis is one of criticism. This is true both. in traditionalist circles and mainstream conservative circles. Michael Brendan Dougherty just had a cover story at National Review setting forth “the case against Pope Francis.” Likewise, Ross Douthat of the New York Times has written a lengthy book, which is in some respects very critical of Francis. Other voices from more traditionalist circles, like H.J.A. Sire and Peter Kwasniewski, have been heard, raising issues personal and theological about Francis and his pontificate. Speaking purely for ourselves, and going purely on impressions, there seems to have been a shift in the criticism of Francis from raising questions about particular acts toward a general opposition to his pontificate.

We would not pretend that there are not serious questions about Francis’s pontificate. John Joy, for example, has set out an (unanswerable) argument that the Church’s teaching on the death penalty is infallible and irreformable, despite Francis’s decision to declare it “inadmissible.” We have discussed on innumerable occasions the debate over Amoris laetitia, which seems for the moment to have died down. (Francis’s insistence on the independence of episcopal conferences seems to have cut both ways in this case.) There are other issues that have cropped up, and the ongoing Youth Synod has been a flashpoint for still other issues, including same-sex attraction, contraception, and even the ghost of liturgical reform (a ghost that has gotten long in the tooth and whose shroud is moth eaten by now).

The doctrinal issues are, to our mind, somewhat separate and apart from the ongoing crisis roiling the American Church. The current iteration of the sex-abuse scandal has led to the downfall of not only Archbishop Theodore McCarrick but also Washington’s Donald Cardinal Wuerl. It appears that the U.S. Department of Justice is launching a RICO investigation into the Church in Pennsylvania. This will, no doubt, please those Catholics who were calling for greater state intervention into the Church in the wake of the latest abuse revelations. (For our part, we are far from sure that this will end as well as the voices calling for intervention think it will.) The American crisis follows on the heels of the protracted, frankly embarrassing affair in Chile.

One might say, perhaps not unreasonably, that the default position toward Francis in these circles is critical because there is so much to be critical about. However, it seems to us that a fundamental principle is lost when the default position toward Francis becomes one of criticism. Indeed, we might go so far as to say that there is an inversion of the right order of things when this is the case. Here we could discuss Thomas, who held that fraternal correction is a matter of virtue and therefore subject to all the requirements for any act of virtue. There have been magisterial interventions, both by the Plenary Councils of Baltimore and by Leo XIII, about the duties of Catholics commenting on current events. To our knowledge, no one has collected these interventions in one place for serious study. Hopefully someone more inclined to careful research and scholarship will do so.

But maybe they don’t have to.

It may not please Professor Vermeule to know that, in all of this, we are reminded of Blessed John Henry Newman, who, in a sermon preached October 7, 1866 (somewhat before Pius IX called the Vatican Council, when the infallibility debate reached its fever pitch), said:

[W]hat need I say more to measure our own duty to it and to him who sits in it, than to say that in his administration of Christ’s kingdom, in his religious acts, we must never oppose his will, or dispute his word, or criticise his policy, or shrink from his side? There are kings of the earth who have despotic authority, which their subjects obey indeed but disown in their hearts; but we must never murmur at that absolute rule which the Sovereign Pontiff has over us, because it is given to him by Christ, and, in obeying him, we are obeying his Lord. We must never suffer ourselves to doubt, that, in his government of the Church, he is guided by an intelligence more than human. His yoke is the yoke of Christ, he has the responsibility of his own acts, not we; and to his Lord must he render account, not to us. Even in secular matters it is ever safe to be on his side, dangerous to be on the side of his enemies. Our duty is,—not indeed to mix up Christ’s Vicar with this or that party of men, because he in his high station is above all parties,—but to look at his formal deeds, and to follow him whither he goeth, and never to desert him, however we may be tried, but to defend him at all hazards, and against all comers, as a son would a father, and as a wife a husband, knowing that his cause is the cause of God.

The whole sermon is well worth reading, not least because it treats at length of the Papal States and the union between the Church and state power. However, for our purposes the extract here is sufficient.

Recall also Newman’s so-called biglietto speech, given May 12, 1879, upon the formal notification that Pope Leo XIII, who had been elected pope just over a year before, had raised Newman to the dignity of cardinal of the Holy Roman Church. “For thirty, forty, fifty years I have resisted to the best of my powers the spirit of liberalism in religion.” Newman went on to say on that occasion,

Liberalism in religion is the doctrine that there is no positive truth in religion, but that one creed is as good as another, and this is the teaching which is gaining substance and force daily. It is inconsistent with any recognition of any religion, as true. It teaches that all are to be tolerated, for all are matters of opinion. Revealed religion is not a truth, but a sentiment and a taste; not an objective fact, not miraculous; and it is the right of each individual to make it say just what strikes his fancy.

Perhaps the current criticism of Francis is not quite Newman’s loathed liberalism in religion. However, it is not so far off as one might like to imagine. Certainly the right to express one’s opinions of Francis—good, bad, especially bad, or otherwise—is implicit in all of the criticism of Francis swirling today. Therefore, it seems to us that there is something profoundly illiberal in Newman’s insistence in 1866 that, in the pope’s religious acts, Catholics “must never oppose his will, or dispute his word, or criticise his policy, or shrink from his side.” This view rejects, fundamentally, that every opinion ought to be expressed. Indeed, it holds that basically no opinion ought to be expressed, except, of course, opinions supportive of the pope’s rule over the Church.

Consequently, Professor Vermeule’s position seems to us to be an entirely reasonable anti-liberal position. One of the leading opponents of liberalism of the 19th century adopted a position no less deferential to the pope than Vermeule’s apparent ultramontanism. Of course, there are other explanations, including the notion that Professor Vermeule does not think Francis is as disastrous as his critics do. But given his thorough anti-liberalism in other respects, it is at least plausible that his attitude toward the Pope is motivated by distrust and dislike for liberalism.

Dreher is not wrong when he notes a fundamental tension in this position; that is, Francis seems a committed partisan of political and theological liberalism and it therefore is bizarre to adopt an anti-liberal attitude toward criticizing him. This, we think, is a misreading of Francis’s pontificate. It is far from clear that Francis is the liberal that has been advertised. Certainly in political and environmental terms, he is no liberal. Indeed, as Rusty Reno noted, Francis is as suspicious of liberal modernity as Pius IX ever was. And there’s a case to be made that Francis thinks that liberal modernity has rendered us incapable of strenuous moral life. This is, in fact, far bleaker than anything Pius IX ever held. And it is, of course, debatable. Highly debatable.

Even if Francis is a liberal, it is far from clear to us that the proper response is liberalism. This, then, is the crux of the problem. Barring the Head of the Church returning, there will be other popes. Perhaps some will be, in the words of the great Louisiana philosopher and theologian I.J. Reilly, good authoritarian popes. Perhaps some will be liberals. However, the anti-liberal position works as well with a good authoritarian pope as it does with a liberal pope. Indeed, it works even better. And it has the advantage of avoiding a perpetual oscillation between ultramontanism and neo-Gallicanism.

The Youth Synod

It is October, which means it is time for the Youth Synod. Already it is clear that doctrinal novelty is once more on the agenda. There has already been a skirmish about the appearance in the instrumentum laboris of the term “LGBT.” The Synod’s top official, one of Francis’s earliest supporters from his time at the Congregation for Bishops, indicated erroneously that the term had been used by youth. Not so, but he refused to remove the term, according to Life Site News. One anticipates that the Synod will be a battleground for the renewed dialectic over same-sex attraction, contraception, and other moral issues much beloved of modernists and progressives. However, the Synod comes at a difficult time for Francis, following a dreadful summer of revelations about the abuse crisis and the sense that Francis’s pontificate is winding down. It remains to be seen how much all of this will affect the final product of the Synod.

It is clear that progressives in high places have not abandoned their agenda. It is clear from the instrumentum laboris that the Synod will address youth with same-sex attraction and, once again, the battle between the divinely revealed doctrine of the Church and the pressures of secular liberalism will be joined. The same will no doubt be true with respect to contraception. No doubt other issues related to sex will be taken up, with the familiar tension between the doctrine of the Church and the apparently unfailingly progressive youth heightened. We anticipate hearing that, not only do young people want an unqualified endorsement of same-sex relationships and contraception, young people want married priests, deaconesses, and greater theological exploration of the question of ordaining women to the priesthood. Whether two-thirds of the Synod fathers will agree to these novelties remains to be seen.

In the 2014-2015 process, there was still some question about Francis’s doctrinal commitments, and that made the really extraordinary battles in the Synod seem altogether more significant. However, in 2018, it is clear where Francis’s doctrinal commitments lie. It is unlikely that he will endorse wholesale revisions of Church doctrine. Instead, the language of pastoral accompaniment and development of doctrine will be employed. In this regard the stakes for this Synod are much lower. There is, in fact, a sense that we have returned to the stage-managed Synods of John Paul II and Benedict XVI. The final report is probably mostly written. Francis can choose to endorse it and give it magisterial weight, or he can choose to issue an exhortation. It probably will not be openly heterodox, but it probably will contain ambiguities and openings to immoral conduct under the guise of discernment and pastoral accompaniment. The stories write themselves at this points.

Of course, Edward Pentin reports that there is substantial confusion about the voting procedures at the Synod, perhaps in an effort to avoid subjecting controversial propositions to a straight up-or-down vote, instead requiring bishops to vote on the entire document. Given how the 2014-2015 process worked, it is reasonable to expect that the Synod secretariat, with Francis’s support, will manipulate the process to achieve the predetermined result with a minimum of dissent. While the concept of a synodal, “listening” Church is one of Francis’s favorite talking points, there are significant questions whether this is anything more than a talking point. Clearly, the Pope likes the idea of consensus backing up certain moves; however, he has shown himself time and time again willing to go it alone, relying on his inherent authority and the willingness of his supporters to defend his decisions.

This is not to say that the outcome of the Synod is inconsequential. As we have written before, history has begun again in the Church. The dialectic between continuity and rupture, between tradition and novelty, is in full swing, and this Synod will be for a few weeks the epicenter of the process. Perhaps this one is a little different, in that it is impossible to deny that things have changed in the world and even the pastoral strategies of 1978, 1988, 1998, or 2008 are inadequate to reach today’s youth. Traditionally minded Catholics point to the young people who engage enthusiastically with tradition; modernists point to the young people who want same-sex relationships blessed and contraception permitted. The strategy of tension employed by modernists since the days of Pascendi will no doubt be observed. But to say that the dialectic is inconsistent with apostolic faith, which rests primarily in tradition, and has since the days of St. Paul (cf. Gal. 1:8), is somewhat beside the point. The fact is that the dialectic will take place.

Nevertheless, is an autumnal feel to this process, and not only because it is happening in October. There is a sense that there is more time behind Francis than before him. Already people are making plans for the next conclave. In fact, just in the last couple of days, it has been announced that a well funded group is going to be investigating cardinal electors so that compromised candidates will be known prior to entering the conclave. (The suggestion is that Cardinal Bergoglio was compromised and would not have been elected pope if that had been known; whether or not this is true is anyone’s guess.) There is not much reason to think this, other than Francis’s age. Unlike John Paul II, Francis has not had high-profile health crises or sudden trips to the Gemelli clinic. And unlike Benedict XVI, who grew visibly frail before abdicating, Francis does not appear to be weakening with age. It is strange therefore that all this activity is taking place. However, there is still a feeling that the Synod may be one of the last major engagements of Francis’s pontificate. For this reason, despite the lower stakes and likelihood of few surprises, the Synod may well be significant as a sort of referendum on the future direction of a post-Francis Church.

However, for reasons entirely aside from doctrine, this Synod comes at a terrible time for Francis (and the Church). There has been a steady drumbeat of allegations that Francis has either downplayed abuse or simply ignored abuse. It began with the case of Bishop Juan Barros in Osorno in Chile, who was accused of being involved with the coverup of Chile’s most notorious abuser, Fernando Karadima. Francis first backed Barros, but that position became untenable when it was revealed that one of Karadima’s victims had passed a letter to Francis through Cardinal O’Malley regarding Barros’s involvement. The affair resulted in the abdication of most of Chile’s bishops, though only some of the resignations have been accepted—most notably Barros’s. Given Francis’s decision to back Barros in unmistakable terms, the affair damaged his credibility on abuse.

However, the fall of former Washington archbishop Theodore McCarrick has proved to be a more serious crisis for Francis than even the Barros affair. McCarrick, long one of the most prominent figures in the American Church, was credibly accused of sexual misconduct with seminarians and a minor. Rumors about McCarrick had circulated for years, even reaching the Vatican when a professor at a seminary wrote to Rome about McCarrick’s behavior after his appointment to Washington was announced. Quickly, McCarrick resigned from the cardinalate and was ordered to a life of prayer and penance while the canonical process wound its way through Rome. Given McCarrick’s prominence and influence, the case was proving to be embarrassing for Francis and some of his most prominent American supporters.

Until Archbishop Carlo Maria Viganò wrote a lengthy “testimony” about a long-running coverup in Rome of McCarrick’s misconduct. Viganò made many allegations, the upshot of which is that Benedict XVI ordered McCarrick out of public life, and Francis rescinded the order because McCarrick was a friend and supporter of Francis. Francis has not really answered the allegations. However, it appears that Benedict XVI did direct McCarrick to keep a lower profile, but McCarrick basically ignored the direction. It is impossible to say more than this, given the Vatican’s silence on the matter and the fact that some key figures, such as Pietro Sambi, the former nuncio, are dead.

In the background of the allegations about what Francis knew or didn’t know, the American Church has been dealing with another iteration of the abuse crisis, this time focused on several Pennsylvania dioceses. While Philadelphia had addressed the past instances of abuse and coverup, other dioceses had not, and the Pennsylvania attorney general initiated a grand jury probe. The results of the probe are chilling: over 70 years hundreds of predator priests abused over a thousand children. There have been calls for immediate action, ranging from greater civil oversight of the Church to improved reporting and compliance mechanisms within the Church, including greater participation by the laity.

However, the overwhelming reaction to the Pennsylvania report has been grief and outrage. Washington’s Donald Cardinal Wuerl, who was bishop of Pittsburgh for some of the time covered by the report, was named and accused of furthering the coverup of an instance of abuse. He contests the allegations, but he has also indicated that he intends on asking the Pope to accept his resignation so that Washington can move forward with new leadership. Joseph Cardinal Tobin, whose Newark archdiocese has a direct connection to McCarrick’s abuse, has informed Francis that he will not be attending the Synod, instead staying in Newark to address the issues there. One has only to look at Twitter or Facebook or do a Google search to see the numerous outraged comments from Catholics stunned by all these revelations.

With all of this going on, the Youth Synod seems like a pointless exercise. For one thing, many youth find the abuse crisis to be a major stumbling block in their relationship with the Church. Indeed, it seems that the abuse situation has the potential to undermine any renewed presentation or engagement with young people. It will not make much difference if clergy present Church teachings in a new, more attractive and understandable light if clergy are simply not believed by young people, upset and confused by the abuse crisis. Given that there are allegations about Francis’s conduct, though the allegations are by no means proved, it is impossible to dismiss this as a purely American problem.

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.

A brief excerpt for your attention

We have found ourselves detained lately on matters less pleasant than we would like. However, not too long ago, we were reading Cardinal Newman’s Grammar of Assent, yet another one of the great man’s books that is cited and respected more than it is read, and we stumbled upon a passage that seemed to us to have great force, to say nothing of its applicability to this moment in the life of the Church:

In solving this difficulty I wish it first observed, that, if it is the duty of the Church to act as “the pillar and ground of the Truth,” she is manifestly obliged from time to time, and to the end of time, to denounce opinions incompatible with that truth, whenever able and subtle minds in her communion venture to publish such opinions. Suppose certain Bishops and priests at this day began to teach that Islamism or Buddhism was a direct and immediate revelation from God, she would be bound to use the authority which God has given her to declare that such a proposition will not stand with Christianity, and that those who hold it are none of hers; and she would be bound to impose such a declaration on that very knot of persons who had committed themselves to the novel proposition, in order that, if they would not recant, they might be separated from her communion, as they were separate from her faith. In such a case, her masses of population would either not hear of the controversy, or they would at once take part with her, and without effort take any test, which secured the exclusion of the innovators; and she on the other hand would feel that what is a rule for some Catholics must be a rule for all. Who is to draw the line between who are to acknowledge that rule, and who are not? It is plain, there cannot be two rules of faith in the same communion, or rather, as the case really would be, an endless variety of rules, coming into force according to the multiplication of heretical theories, and to the degrees of knowledge and varieties of sentiment in individual Catholics. There is but one rule of faith for all; and it would be a greater difficulty to allow of an uncertain rule of faith, than (if that was the alternative, as it is not), to impose upon uneducated minds a profession which they cannot understand.

But it is not the necessary result of unity of profession, nor is it the fact, that the Church imposes dogmatic statements on the interior assent of those who cannot apprehend them. The difficulty is removed by the dogma of the Church’s infallibility, and of the consequent duty of “implicit faith” in her word. The “One Holy Catholic and Apostolic Church” is an article of the Creed, and an article, which, inclusive of her infallibility, all men, high and low, can easily master and accept with a real and operative assent. It stands in the place of all abstruse propositions in a Catholic’s mind, for to believe in her word is virtually to believe in them all. Even what he cannot understand, at least he can believe to be true; and he believes it to be true because he believes in the Church.

(Emphasis supplied.)