Reflections on The Constitution, The Supreme Court and Justice

Much of the political debate going around today is based on the idea that because the Constitution permits a thing, there can be no complaint against it.  Setting aside for the moment specific issues of dispute in America, the theory ignores one crucial question:

Can the Constitution (or an interpretation of it) err or be unjust?

I believe the answer can clearly be yes to both.  I recall in High School civics class that the Constitution can be amended if a problem is perceived.  Certainly before 1865, the Constitution was flawed in that it denied citizenship to certain parts of the population simply on the basis of the color of their skin.

This shows the problem when certain politicians rally around the "Constitutional" Right of the woman to choose [abortion].  The right may be decreed constitutional by the Supreme Court, but neither it, nor the right to privacy it is based on can be found in the Constitution.

If the interpreters of the Constitution are unjust, it follows that the interpretations they give can be unjust.  This kind of rhetoric goes on frequently.  Today, there is a dispute over whether Obamacare is constitutional.  Nine years ago, there was a dispute over whether the Supreme Court "unjustly installed" George W. Bush as president.

What this demonstrates is [Regardless of whether the charges are true or not], we do have interpreters of the US Constitution whose decisions are binding and not able to be appealed.  If they are unjust in their decisions, there is very little we can do to stop them.

This isn't mere theory.  The Supreme Court has made some historically bad decisions and have been forced to contradict previous precedent, such as the Dred Scott case and Plessy vs. Ferguson.

I believe this shows that the Supreme Court can give an interpretation which they call Constitutional, but is also unjust.

This demonstrates that to invoke the Constitutionality of a law is no evidence as to whether or not it is just.

On Justice

However, justice in law is what separates the good forms of government from the immoral forms of government, and here the person who argues against any moral absolutes have hamstrung themselves when opposing injustice.

Justice can be defined as giving to another their due, and behaving in right conduct with other people.  All human persons are considered to have human rights simply on the basis of their being human.  Each person is entitled to the due of not being treated in a subhuman condition.  In America we have in the Bill of Rights which assumes all people have certain rights.

The Catholic Church speaks of justice between men as follows:

1929 Social justice can be obtained only in respecting the transcendent dignity of man. The person represents the ultimate end of society, which is ordered to him:

What is at stake is the dignity of the human person, whose defense and promotion have been entrusted to us by the Creator, and to whom the men and women at every moment of history are strictly and responsibly in debt.³⁵

1930 Respect for the human person entails respect for the rights that flow from his dignity as a creature. These rights are prior to society and must be recognized by it. They are the basis of the moral legitimacy of every authority: by flouting them, or refusing to recognize them in its positive legislation, a society undermines its own moral legitimacy.³⁶ If it does not respect them, authority can rely only on force or violence to obtain obedience from its subjects. It is the Church's role to remind men of good will of these rights and to distinguish them from unwarranted or false claims.

In other words, because a person is human they possess certain rights independent of the government, and no government can take them away without being unjust.  Moreover, any government which denies these rights lacks moral legitimacy to their rule, and can only use force to make their decrees followed.

The Difference Between the Constitution and Justice

Whether or not the Constitution, or its interpretation, can be considered as possessing moral authority depends on whether it respects the human person or not.  If it does not respect the human person, the law may be binding by force, but it is not a law which we are morally obligated to follow, and in fact are morally obligated to oppose.

The Abortion Example

In 1973, the Supreme Court decreed abortion legal, and since then we have been told that it is based in the Constitutional Right to Privacy, which is not in the Constitution, and was not described as a right until 1965, in Griswold v. Connecticut.  This invokes the Ninth Amendment, which is a circular argument which one can dismantle with a reductio ad absurdum.  [The Constitution doesn't say I can't murder anyone either, therefore I have a constitutional right to do so].

Now, one can argue that the right to privacy is a basic right which precedes the Constitution.  However, this overlooks a crucial consideration: Are the unborn human persons?  If so, then their right to life precedes the Constitutional Supreme Court Right to abortion.

The Supreme Court decision, Roe v. Wade entirely ignores this consideration, when it declares:

3. State criminal abortion laws, like those involved here, that except from criminality only a life-saving procedure on the mother's behalf without regard to the stage of her pregnancy and other interests involved violate the Due Process Clause of the Fourteenth Amendment, which protects against state action the right to privacy, including a woman's qualified right to terminate her pregnancy.

This is entirely a circular argument, which assumes what it needs to prove: That a woman does in fact have the right to terminate a pregnancy.  It calls the unborn a potential life, but this is to be proven, not assumed to be true.

Indeed, without proving the fact that the fetus is not a person, the Supreme Court appears to have violated the 14th amendment:

1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. (Emphasis added)

If the assumption that the fetus is merely a potential human being is false, then the Supreme Court has created a situation where the unborn are denied the equal protection under the law.

The Roe v. Wade decision relies on an irrelevant appeal to past decisions of legal precedent, which selectively chooses certain examples and ignores others.  The reason it is an irrelevant appeal is that many of the precedents they cite are based on the scientifically erroneous ideas of quickening of the fetus, ignoring later medical advances.  From this we see the argument that since the actual forbidding of abortion in America was based on the fact that outright forbidding of abortion did not exist until the 19th century in America.

However, this is an argument from silence.  "We don't know of laws forbidding abortion until the 19th century.  Therefore it was permissible before then."  That laws were made in the 19th century does not prove that abortion was acceptable before.  Positive evidence that the nation, prior to the 19th century, sanctioned abortion is necessary.

Even from this, it does not follow that abortion is right.  To judge abortion as being morally neutral, it has to be established that the fetus is not alive.  If the fetus is a human person, it contains human rights which precede the laws of the United States.

The Quadrilemma of abortion

A right to abortion requires us to create some categories.  First, whether or not the fetus is a human person.  It either is or it is not.  Second, we need to determine whether we know this to be true.  This leaves us with four categories:

1. The unborn is a human person and we know it.
2. The unborn is not a human person and we know it
3. The unborn is a human person and we do not know it
4. The unborn is not a human person and we do not know it

In these four cases, we have three levels of guilt or innocence.

1. In the case of us knowing the unborn is a human person, government sanctioned abortion is the murder of a human person.
2. In the case of us knowing the unborn is not a human person, there is no problem with abortion.
3. In not knowing whether or not the unborn is a human person (cases 3 and 4), abortion becomes a reckless, grossly negligent act.

We can demonstrate these cases with another scenario.  You and a friend are deer hunting, and get separated.  You hear motion in the bush.  There are four possibilities:

1. The movement is caused by your friend and you know it
2. The movement is caused by a deer and you know it
3. The movement is caused by your friend and you do not know it
4. The movement is caused by a deer and you do not know it

When is it legitimate to shoot?  Only in case two.  Why?

1. In case 1, shooting when you know it is a person is willed murder
2. In case 2, shooting when you verified you can shoot safely is morally acceptable
3. In case 3, you are guilty of gross negligence and manslaughter at the very least
4. In case 4, you are still guilty of gross negligence.

Yet, instead of proving when the human person begins, the Supreme Court acts with gross negligence.  it "fires into the bush" without verifying the target, when it argues:

A. The appellee and certain amici argue that the fetus is a "person" within the language and meaning of the Fourteenth Amendment. In support of this, they outline at length and in detail the well-known facts of fetal development. If this suggestion of personhood is established, the appellant's case, of course, collapses, [410 U.S. 113, 157] for the fetus' right to life would then be guaranteed specifically by the Amendment. The appellant conceded as much on reargument. 51 On the other hand, the appellee conceded on reargument 52 that no case could be cited that holds that a fetus is a person within the meaning of the Fourteenth Amendment.

Whether or not past law has made a statement on whether or not the fetus is a person has no bearing on whether the fetus IS a human person.  To assume that the fetus is not a human person based on interpretations of the 14th Amendment is an evasion of the issue, when it says:

All this, together with our observation, supra, that throughout the major portion of the 19th century prevailing legal abortion practices were far freer than they are today, persuades us that the word "person," as used in the Fourteenth Amendment, does not include the unborn.

This is an appeal to irrelevant authority fallacy.  Does the lack of laws that declare the fetus a person make it so?

Dangerous Precedents

Certain nations, including the United States, have at certain times determined that certain human beings were not persons on the basis of their ethnicity.  The most extreme example is that of Nazi Germany with its claiming that Jews and Slavs were subhumans which lacked human rights.  We are of course horrified by the actions the Germans justified by a legal claim.  Through a legal ruling, human persons were terribly mistreated.

Now of course Nazi Germany was an extreme example.  However, the United States once considered the blacks to be less than fully human, and such a view was upheld by the Supreme Court.  Under the logic of Roe v. Wade past precedent could be used to deny any African American was a "human person."  After all, before 1865, there were no laws which held that view.  It instead took a war and some amendments to overturn the bad logic of the Supreme Court.

Constitutional Is Not the Same as Just: QED

We are back to the beginning, and the conclusion is clear.  Just because the Supreme Court or the Constitution says a thing is constitutional has no bearing on whether a thing is just.  So despite what the Supreme Court says, it still must be assessed as to whether it is just or not.  If it is not just, it must be opposed.

Yet, the whole problem is a thing is not defended as just, it is merely called "Constitutional" as if that was all the sanction which was needed.

Unfortunately, in America, there is little recourse to an unjust ruling by the Supreme Court.  It is the state legislatures which can vote for a proposed amendment (which first requires 2/3 of both House and Senate to vote in favor of a proposed amendment), not the people (unless the states call ratifying conventions… which happened once).

So where does this leave the Christian who feels he must oppose an unjust ruling?

An Unjust Law is not a Law

One may want to ask: "How can you advocate breaking some laws and obeying others?" The answer lies in the fact that there are two types of laws: just and unjust. I would be the first to advocate obeying just laws. One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws. I would agree with St. Augustine that "an unjust law is no law at all"

Now, what is the difference between the two? How does one determine whether a law is just or unjust? A just law is a man-made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law. To put it in the terms of St. Thomas Aquinas: An unjust law is a human law that is not rooted in eternal law and natural law. Any law that uplifts human personality is just. Any law that degrades human personality is unjust.

—Martin Luther King Jr.  Letter from a Birmingham Jail

This is ultimately what must put the Christian unwillingly in conflict with the government of the United States at times.  When the government decrees that it is permissible to degrade the human person, we must speak out against it, not bowing the knee to the unjust law… even if it comes from the Supreme Court or the Constitution itself.

However, there is a limit to what we can do.  If it comes to a choice between doing evil and suffering evil, we must choose the suffering of evil, as we may not choose an evil means to achieve the desired end.  Nor can we participate with the evil law.

So, in short, our opposition to injustice must be done in keeping with making a Christian witness.

Reflections on The Constitution, The Supreme Court and Justice

Much of the political debate going around today is based on the idea that because the Constitution permits a thing, there can be no complaint against it.  Setting aside for the moment specific issues of dispute in America, the theory ignores one crucial question:

Can the Constitution (or an interpretation of it) err or be unjust?

I believe the answer can clearly be yes to both.  I recall in High School civics class that the Constitution can be amended if a problem is perceived.  Certainly before 1865, the Constitution was flawed in that it denied citizenship to certain parts of the population simply on the basis of the color of their skin.

This shows the problem when certain politicians rally around the "Constitutional" Right of the woman to choose [abortion].  The right may be decreed constitutional by the Supreme Court, but neither it, nor the right to privacy it is based on can be found in the Constitution.

If the interpreters of the Constitution are unjust, it follows that the interpretations they give can be unjust.  This kind of rhetoric goes on frequently.  Today, there is a dispute over whether Obamacare is constitutional.  Nine years ago, there was a dispute over whether the Supreme Court "unjustly installed" George W. Bush as president.

What this demonstrates is [Regardless of whether the charges are true or not], we do have interpreters of the US Constitution whose decisions are binding and not able to be appealed.  If they are unjust in their decisions, there is very little we can do to stop them.

This isn't mere theory.  The Supreme Court has made some historically bad decisions and have been forced to contradict previous precedent, such as the Dred Scott case and Plessy vs. Ferguson.

I believe this shows that the Supreme Court can give an interpretation which they call Constitutional, but is also unjust.

This demonstrates that to invoke the Constitutionality of a law is no evidence as to whether or not it is just.

On Justice

However, justice in law is what separates the good forms of government from the immoral forms of government, and here the person who argues against any moral absolutes have hamstrung themselves when opposing injustice.

Justice can be defined as giving to another their due, and behaving in right conduct with other people.  All human persons are considered to have human rights simply on the basis of their being human.  Each person is entitled to the due of not being treated in a subhuman condition.  In America we have in the Bill of Rights which assumes all people have certain rights.

The Catholic Church speaks of justice between men as follows:

1929 Social justice can be obtained only in respecting the transcendent dignity of man. The person represents the ultimate end of society, which is ordered to him:

What is at stake is the dignity of the human person, whose defense and promotion have been entrusted to us by the Creator, and to whom the men and women at every moment of history are strictly and responsibly in debt.³⁵

1930 Respect for the human person entails respect for the rights that flow from his dignity as a creature. These rights are prior to society and must be recognized by it. They are the basis of the moral legitimacy of every authority: by flouting them, or refusing to recognize them in its positive legislation, a society undermines its own moral legitimacy.³⁶ If it does not respect them, authority can rely only on force or violence to obtain obedience from its subjects. It is the Church's role to remind men of good will of these rights and to distinguish them from unwarranted or false claims.

In other words, because a person is human they possess certain rights independent of the government, and no government can take them away without being unjust.  Moreover, any government which denies these rights lacks moral legitimacy to their rule, and can only use force to make their decrees followed.

The Difference Between the Constitution and Justice

Whether or not the Constitution, or its interpretation, can be considered as possessing moral authority depends on whether it respects the human person or not.  If it does not respect the human person, the law may be binding by force, but it is not a law which we are morally obligated to follow, and in fact are morally obligated to oppose.

The Abortion Example

In 1973, the Supreme Court decreed abortion legal, and since then we have been told that it is based in the Constitutional Right to Privacy, which is not in the Constitution, and was not described as a right until 1965, in Griswold v. Connecticut.  This invokes the Ninth Amendment, which is a circular argument which one can dismantle with a reductio ad absurdum.  [The Constitution doesn't say I can't murder anyone either, therefore I have a constitutional right to do so].

Now, one can argue that the right to privacy is a basic right which precedes the Constitution.  However, this overlooks a crucial consideration: Are the unborn human persons?  If so, then their right to life precedes the Constitutional Supreme Court Right to abortion.

The Supreme Court decision, Roe v. Wade entirely ignores this consideration, when it declares:

3. State criminal abortion laws, like those involved here, that except from criminality only a life-saving procedure on the mother's behalf without regard to the stage of her pregnancy and other interests involved violate the Due Process Clause of the Fourteenth Amendment, which protects against state action the right to privacy, including a woman's qualified right to terminate her pregnancy.

This is entirely a circular argument, which assumes what it needs to prove: That a woman does in fact have the right to terminate a pregnancy.  It calls the unborn a potential life, but this is to be proven, not assumed to be true.

Indeed, without proving the fact that the fetus is not a person, the Supreme Court appears to have violated the 14th amendment:

1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. (Emphasis added)

If the assumption that the fetus is merely a potential human being is false, then the Supreme Court has created a situation where the unborn are denied the equal protection under the law.

The Roe v. Wade decision relies on an irrelevant appeal to past decisions of legal precedent, which selectively chooses certain examples and ignores others.  The reason it is an irrelevant appeal is that many of the precedents they cite are based on the scientifically erroneous ideas of quickening of the fetus, ignoring later medical advances.  From this we see the argument that since the actual forbidding of abortion in America was based on the fact that outright forbidding of abortion did not exist until the 19th century in America.

However, this is an argument from silence.  "We don't know of laws forbidding abortion until the 19th century.  Therefore it was permissible before then."  That laws were made in the 19th century does not prove that abortion was acceptable before.  Positive evidence that the nation, prior to the 19th century, sanctioned abortion is necessary.

Even from this, it does not follow that abortion is right.  To judge abortion as being morally neutral, it has to be established that the fetus is not alive.  If the fetus is a human person, it contains human rights which precede the laws of the United States.

The Quadrilemma of abortion

A right to abortion requires us to create some categories.  First, whether or not the fetus is a human person.  It either is or it is not.  Second, we need to determine whether we know this to be true.  This leaves us with four categories:

1. The unborn is a human person and we know it.
2. The unborn is not a human person and we know it
3. The unborn is a human person and we do not know it
4. The unborn is not a human person and we do not know it

In these four cases, we have three levels of guilt or innocence.

1. In the case of us knowing the unborn is a human person, government sanctioned abortion is the murder of a human person.
2. In the case of us knowing the unborn is not a human person, there is no problem with abortion.
3. In not knowing whether or not the unborn is a human person (cases 3 and 4), abortion becomes a reckless, grossly negligent act.

We can demonstrate these cases with another scenario.  You and a friend are deer hunting, and get separated.  You hear motion in the bush.  There are four possibilities:

1. The movement is caused by your friend and you know it
2. The movement is caused by a deer and you know it
3. The movement is caused by your friend and you do not know it
4. The movement is caused by a deer and you do not know it

When is it legitimate to shoot?  Only in case two.  Why?

1. In case 1, shooting when you know it is a person is willed murder
2. In case 2, shooting when you verified you can shoot safely is morally acceptable
3. In case 3, you are guilty of gross negligence and manslaughter at the very least
4. In case 4, you are still guilty of gross negligence.

Yet, instead of proving when the human person begins, the Supreme Court acts with gross negligence.  it "fires into the bush" without verifying the target, when it argues:

A. The appellee and certain amici argue that the fetus is a "person" within the language and meaning of the Fourteenth Amendment. In support of this, they outline at length and in detail the well-known facts of fetal development. If this suggestion of personhood is established, the appellant's case, of course, collapses, [410 U.S. 113, 157] for the fetus' right to life would then be guaranteed specifically by the Amendment. The appellant conceded as much on reargument. 51 On the other hand, the appellee conceded on reargument 52 that no case could be cited that holds that a fetus is a person within the meaning of the Fourteenth Amendment.

Whether or not past law has made a statement on whether or not the fetus is a person has no bearing on whether the fetus IS a human person.  To assume that the fetus is not a human person based on interpretations of the 14th Amendment is an evasion of the issue, when it says:

All this, together with our observation, supra, that throughout the major portion of the 19th century prevailing legal abortion practices were far freer than they are today, persuades us that the word "person," as used in the Fourteenth Amendment, does not include the unborn.

This is an appeal to irrelevant authority fallacy.  Does the lack of laws that declare the fetus a person make it so?

Dangerous Precedents

Certain nations, including the United States, have at certain times determined that certain human beings were not persons on the basis of their ethnicity.  The most extreme example is that of Nazi Germany with its claiming that Jews and Slavs were subhumans which lacked human rights.  We are of course horrified by the actions the Germans justified by a legal claim.  Through a legal ruling, human persons were terribly mistreated.

Now of course Nazi Germany was an extreme example.  However, the United States once considered the blacks to be less than fully human, and such a view was upheld by the Supreme Court.  Under the logic of Roe v. Wade past precedent could be used to deny any African American was a "human person."  After all, before 1865, there were no laws which held that view.  It instead took a war and some amendments to overturn the bad logic of the Supreme Court.

Constitutional Is Not the Same as Just: QED

We are back to the beginning, and the conclusion is clear.  Just because the Supreme Court or the Constitution says a thing is constitutional has no bearing on whether a thing is just.  So despite what the Supreme Court says, it still must be assessed as to whether it is just or not.  If it is not just, it must be opposed.

Yet, the whole problem is a thing is not defended as just, it is merely called "Constitutional" as if that was all the sanction which was needed.

Unfortunately, in America, there is little recourse to an unjust ruling by the Supreme Court.  It is the state legislatures which can vote for a proposed amendment (which first requires 2/3 of both House and Senate to vote in favor of a proposed amendment), not the people (unless the states call ratifying conventions… which happened once).

So where does this leave the Christian who feels he must oppose an unjust ruling?

An Unjust Law is not a Law

One may want to ask: "How can you advocate breaking some laws and obeying others?" The answer lies in the fact that there are two types of laws: just and unjust. I would be the first to advocate obeying just laws. One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws. I would agree with St. Augustine that "an unjust law is no law at all"

Now, what is the difference between the two? How does one determine whether a law is just or unjust? A just law is a man-made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law. To put it in the terms of St. Thomas Aquinas: An unjust law is a human law that is not rooted in eternal law and natural law. Any law that uplifts human personality is just. Any law that degrades human personality is unjust.

—Martin Luther King Jr.  Letter from a Birmingham Jail

This is ultimately what must put the Christian unwillingly in conflict with the government of the United States at times.  When the government decrees that it is permissible to degrade the human person, we must speak out against it, not bowing the knee to the unjust law… even if it comes from the Supreme Court or the Constitution itself.

However, there is a limit to what we can do.  If it comes to a choice between doing evil and suffering evil, we must choose the suffering of evil, as we may not choose an evil means to achieve the desired end.  Nor can we participate with the evil law.

So, in short, our opposition to injustice must be done in keeping with making a Christian witness.

Reflections on The Mob

"Do not give dogs what is holy; and do not throw your pearls before swine, lest they trample them under foot and turn to attack you."(Mt 7:6).

Awhile back, I wrote about the mob (not to be confused with the Mafia) mentality turning on Richard Dawkins, who appealed to it against the Christians.  Currently, it is turning its hunger against the Catholic Church.

Seeing so many uninformed commentators posting on websites bashing the Church and accusing Catholics of defending sexual abuse, I thought it would be good to comment on some of the characteristics of the mob mentality sweeping the Internet

The Purpose of this Article

I don't intend to write this to attack any individual.  Most people who take part in mob mentality don't realize they are doing it.  Rather, I write this to my fellow Christians to help them deal with the attacks of the mob… which we Christians see opposed to us all too often.  If any individual reading this thinks what I say comes too close to home, remember that one can break free of the mob by refusing to follow what "everyone says" or "relying on the newspapers" to get the facts.  In other words, to investigate before attacking.

Characteristic #1: The Mob is Led by Appeals to Emotion, Not Reason

Usually an appeal to the mob is based on the appeal to emotion.  Some sort of horrible situation is either hypothesized, or a real situation (usually something which the target condemns anyway) is expressed as the norm which is approved of.  The emotion desired is that outrage over the issue as presented by the mob leader and disproportionate calls for action are the result.  Now, the one who feeds the mob may appeal to emotion by flattery, saying the members of the mob are clearly reasonable people and care about justice.  From there, the mob can be flattered into action along these lines:

1. You are clearly a reasonable person.
2. Those who disagree say you are wrong
3. Therefore they are saying you are unreasonable.

This is an appeal to pride.

This brings us to the second characteristic.

Characteristic #2: The Mob cannot be reached by logic but is easily swayed by Logical Fallacies

This cuts both ways.  The one seeking to feed the mob cannot get too cerebral or they will lose the mob.  So the message needs to be kept simple in a slogan like manner.  On the other hand, the one defending their position against the mob has nothing to exploit.  Appeals to reasoned arguments will not work.  Either the argument goes above their head or there will be an agitator [See below] twisting your words to a meaning you never said to begin with.

Logical fallacies do work however… for our opponents.  We ourselves should never consider using them.  The ad hominem is very successful used against us, as is the red herring.  Bulverisms are also effective.  Telling the mob that the argument is already proven in their favor will make them resistant to the facts showing them it is wrong.  "That's your opinion" is a common (and dishonest) tactic.

There was a biography (Soldat) of a German officer (Siegfried Knappe) who was a Russian prisoner after WWII.  He describes some of the attempts of the Russians to instill a sense of anti-Americanism in the prisoners.  So they were constantly bombarded with slogans that "Americans were for war, Russia was for peace."  Knappe reports that even there was no evidence for it, a person questioning it was often viewed as irrational by other prisoners.

This shows the disadvantage the Christian has in defending the faith.  In order to sway the mob, we would have to appeal to logical fallacies that are intellectually dishonest.

This is shown in the spurious allegations against the Pope.  The simple slogan is "The Pope covered for abusers."  The rebuttal takes far longer to state than the accusation because it has to show why the premise is wrong and then show the evidence to the contrary.

Characteristic #3: Reason drops dramatically in groups

Peer pressure and other tactics can sway individuals who, when alone, might listen to reason.  "The mob" is stupid, but this doesn't mean individuals within it are stupid.  This often happens when one person thinks something isn't quite right, but peer pressure can make them doubt their own knowledge, and give into the groupthink [decision-making by a group as a whole, resulting in unchallenged, poor-quality decisions] of mobs.

Lynch mobs historically were influenced this way.  Individuals may have thought the act was wrong, but when the whole crowd is howling for vengeance, it is easy for the individual to be influenced into setting their own judgment aside.

This is also how the Nazis came to power.  Of course there were individuals who thought Hitler was wrong.  However, when what seems to be the whole country is supporting an injustice, it is very hard to stand against the crowd without beginning to wonder if it is you who are wrong.

Those who feed the mob prey on this.  The use of the appeal to numbers fallacy is often successful: "Everyone else knows of this injustice.  Why do you support those who are guilty?"

This brings us to the next characteristic.

Characteristic #4: The slogan cannot be questioned.  If you question it, you stand with the enemy

There is a work called Fuhrer Ex, of a Neo Nazi in Germany who eventually grew sick of the movement (because he could no longer believe what they held) and left it.  One of the key elements of the book was that certain elements were so often repeated, using false sources, that it was accepted as true.  When the author began to question some of the assumptions of the group (holocaust denial, applications of violence etc.) he was unable to convince them… indeed the propaganda he helped form was cited as an authority against his arguments, and he was accused of siding with the enemy.

This is commonly employed with the current attacks against the Church.  The accusation "The Pope covered for abusers" is a slogan which cannot be questioned.  If you do, you are defending the evil in the slogan, not showing the truth in their mind.

Any attempts to rebut such an accusation is met with the accusation that the debunker is making excuses, "playing the victim card" and so on.

It is depressingly effective.  Consider all those out there who post comments on the blogs accusing Catholic apologists of "defending child rape" on the grounds that they question the slogan.   Never mind the fact that the Pope was a strong force for reforming the Church system.  Never mind the fact that the slogans are not supported by the actual facts.  If you dare to defend the Pope, you are accused of defending the system.

"You're either with us or against us" (or a variant in wording) is the battle cry.  No, this wasn't just George W. Bush (though he was appealing to the mob mentality, to his detriment).  Any group which accuses a person who disagrees with them of being on the side of the enemy uses this argument.  But this argument ignores the crucial question: Is it right that I am with you?  Do I have to be on the opposite side if I oppose you?

The mob demands we answer "yes" to both questions.  The reasoned person answers "If your position is true, I will stand with you.  If your position is not true, I will stand where the truth is to be found."

Unfortunately, the mob sees this as supporting the other side.

Characteristic #5: Agitators help influence the mob

This isn't an argument of a conspiracy theory.  I'm not talking about some person with a nefarious plot to overthrow something.  The mob generally is headless.  It can be guided and influenced but it can never be controlled.  The mob can turn on the one who tries to use it.

Rather, I am talking about true believers in a cause who have a strong hatred of whatever they are working against.  This zeal leads them to attack what they see as an enemy.  They instinctively make emotional appeals to steer the audience to their position.  These people tend to be zealous, or even fanatical in their hatred.  They are certain they are right.  However, they differ from those who are speaking the truth in that they generally will use any tactic against their enemy, justifying it on the grounds that the enemy does worse.

For example, ex-Catholics who become anti-Catholics take whatever real or imagined wrong from the Church which offends them, and use their anger as a focus to attack the Church, certain that whatever wrong they suffered (or think they suffered) was not only deliberate, but malicious as well.  So they scour Church documents for words which will justify their hatred of the Church, giving them the interpretation they choose.  If you tell them their interpretation is wrong, you are accused of lying.  Or being stupid.

Agitators are good at twisting words.  If you use a vague analogy, they will distort it.  If you use one example to lead into another point, they will use the the example and misrepresent it as being your point.  Their tone will always be condescending and mocking you… obviously you must be an idiot if you disagree with them.  [This is why Christians should avoid sarcasm and mocking.  Yes these people can make us angry, but getting angry is to lose the argument].

They will always reduce their arguments to slogans however, and will not listened to reasoned argument.  Why?  Because they aren't here to discuss the truth.  They are here to attack people who disagree with their accusation which they interpret as denying their experience.

These can either be poor at what they do, in which case you can reduce them to silence, or they can be skilled enough to make an argument futile: you won't get a fair hearing for your position.  The agitator's clever phrasing will lead the mob to think he has won when in fact, he is doing nothing to answer your actual points.

Sometimes you have to suppress your desire to get in the "last hit" and walk away from those people.  A "last act of defiance" almost never comes off looking as good as you hope it would.

Dealing with the Mob

Arguing your case before the mob is like casting pearls before swine.  If you take a position which the mob has been told is wrong, it will be distorted and the distortion will be turned against you.  They will believe the agitator's distortion is true and no matter what you say, it will be the agitator's misrepresentation and not what you said that they will believe. 

Now the temptation is to sink to their level, slinging mud for mud and insult for insult.  However, such a tactic may win points with the "living in Mom's basement" crowd who enjoys an exchange of insults, but it won't actually prove the point we are trying to get across.  It won't actually convince them either, because what the Christian calls people to is contrary to the appetite of the mob.

Christians can't feed the appetite of the mob.  Nor should we want to.  What the mob wants too often is wrong in the eyes of the believer. Whether the mob wants a scapegoat or whether the mob wants us to bless its immoral actions, we can't give them these things.

However, there is a way which we can use.  That is remembering that the mob is not a faceless mass, but is made up of individuals with different motives and levels of understanding.  You can't speak to the mob.  You can only speak to individuals.  Only individuals can be turned from error.  The mob simply wants the bread and circuses, and will support whoever will feed their appetite.

All we can do is to speak to the individual, hoping they will listen to the truth and not to what agitators distort our position to be, praying they will leave the mob.  Because of this, we need to pray that we act in accordance with God's will and try our best to act as representatives of the King.

After that we can do no more (though we must be tireless in doing this task).

Finally, we must remember that Jesus has told us men would hate us on account of Him.  They will use whatever scandal (real or imagined) they can find to fuel their hatred.  We should remember Christ's words in such a case:

^22 Blessed are you when people hate you, and when they exclude and insult you, and denounce your name as evil on account of the Son of Man.

^23 Rejoice and leap for joy on that day! Behold, your reward will be great in heaven. For their ancestors treated the prophets in the same way. (Luke 6:22-23)

Reflections on The Mob

"Do not give dogs what is holy; and do not throw your pearls before swine, lest they trample them under foot and turn to attack you."(Mt 7:6).

Awhile back, I wrote about the mob (not to be confused with the Mafia) mentality turning on Richard Dawkins, who appealed to it against the Christians.  Currently, it is turning its hunger against the Catholic Church.

Seeing so many uninformed commentators posting on websites bashing the Church and accusing Catholics of defending sexual abuse, I thought it would be good to comment on some of the characteristics of the mob mentality sweeping the Internet

The Purpose of this Article

I don't intend to write this to attack any individual.  Most people who take part in mob mentality don't realize they are doing it.  Rather, I write this to my fellow Christians to help them deal with the attacks of the mob… which we Christians see opposed to us all too often.  If any individual reading this thinks what I say comes too close to home, remember that one can break free of the mob by refusing to follow what "everyone says" or "relying on the newspapers" to get the facts.  In other words, to investigate before attacking.

Characteristic #1: The Mob is Led by Appeals to Emotion, Not Reason

Usually an appeal to the mob is based on the appeal to emotion.  Some sort of horrible situation is either hypothesized, or a real situation (usually something which the target condemns anyway) is expressed as the norm which is approved of.  The emotion desired is that outrage over the issue as presented by the mob leader and disproportionate calls for action are the result.  Now, the one who feeds the mob may appeal to emotion by flattery, saying the members of the mob are clearly reasonable people and care about justice.  From there, the mob can be flattered into action along these lines:

1. You are clearly a reasonable person.
2. Those who disagree say you are wrong
3. Therefore they are saying you are unreasonable.

This is an appeal to pride.

This brings us to the second characteristic.

Characteristic #2: The Mob cannot be reached by logic but is easily swayed by Logical Fallacies

This cuts both ways.  The one seeking to feed the mob cannot get too cerebral or they will lose the mob.  So the message needs to be kept simple in a slogan like manner.  On the other hand, the one defending their position against the mob has nothing to exploit.  Appeals to reasoned arguments will not work.  Either the argument goes above their head or there will be an agitator [See below] twisting your words to a meaning you never said to begin with.

Logical fallacies do work however… for our opponents.  We ourselves should never consider using them.  The ad hominem is very successful used against us, as is the red herring.  Bulverisms are also effective.  Telling the mob that the argument is already proven in their favor will make them resistant to the facts showing them it is wrong.  "That's your opinion" is a common (and dishonest) tactic.

There was a biography (Soldat) of a German officer (Siegfried Knappe) who was a Russian prisoner after WWII.  He describes some of the attempts of the Russians to instill a sense of anti-Americanism in the prisoners.  So they were constantly bombarded with slogans that "Americans were for war, Russia was for peace."  Knappe reports that even there was no evidence for it, a person questioning it was often viewed as irrational by other prisoners.

This shows the disadvantage the Christian has in defending the faith.  In order to sway the mob, we would have to appeal to logical fallacies that are intellectually dishonest.

This is shown in the spurious allegations against the Pope.  The simple slogan is "The Pope covered for abusers."  The rebuttal takes far longer to state than the accusation because it has to show why the premise is wrong and then show the evidence to the contrary.

Characteristic #3: Reason drops dramatically in groups

Peer pressure and other tactics can sway individuals who, when alone, might listen to reason.  "The mob" is stupid, but this doesn't mean individuals within it are stupid.  This often happens when one person thinks something isn't quite right, but peer pressure can make them doubt their own knowledge, and give into the groupthink [decision-making by a group as a whole, resulting in unchallenged, poor-quality decisions] of mobs.

Lynch mobs historically were influenced this way.  Individuals may have thought the act was wrong, but when the whole crowd is howling for vengeance, it is easy for the individual to be influenced into setting their own judgment aside.

This is also how the Nazis came to power.  Of course there were individuals who thought Hitler was wrong.  However, when what seems to be the whole country is supporting an injustice, it is very hard to stand against the crowd without beginning to wonder if it is you who are wrong.

Those who feed the mob prey on this.  The use of the appeal to numbers fallacy is often successful: "Everyone else knows of this injustice.  Why do you support those who are guilty?"

This brings us to the next characteristic.

Characteristic #4: The slogan cannot be questioned.  If you question it, you stand with the enemy

There is a work called Fuhrer Ex, of a Neo Nazi in Germany who eventually grew sick of the movement (because he could no longer believe what they held) and left it.  One of the key elements of the book was that certain elements were so often repeated, using false sources, that it was accepted as true.  When the author began to question some of the assumptions of the group (holocaust denial, applications of violence etc.) he was unable to convince them… indeed the propaganda he helped form was cited as an authority against his arguments, and he was accused of siding with the enemy.

This is commonly employed with the current attacks against the Church.  The accusation "The Pope covered for abusers" is a slogan which cannot be questioned.  If you do, you are defending the evil in the slogan, not showing the truth in their mind.

Any attempts to rebut such an accusation is met with the accusation that the debunker is making excuses, "playing the victim card" and so on.

It is depressingly effective.  Consider all those out there who post comments on the blogs accusing Catholic apologists of "defending child rape" on the grounds that they question the slogan.   Never mind the fact that the Pope was a strong force for reforming the Church system.  Never mind the fact that the slogans are not supported by the actual facts.  If you dare to defend the Pope, you are accused of defending the system.

"You're either with us or against us" (or a variant in wording) is the battle cry.  No, this wasn't just George W. Bush (though he was appealing to the mob mentality, to his detriment).  Any group which accuses a person who disagrees with them of being on the side of the enemy uses this argument.  But this argument ignores the crucial question: Is it right that I am with you?  Do I have to be on the opposite side if I oppose you?

The mob demands we answer "yes" to both questions.  The reasoned person answers "If your position is true, I will stand with you.  If your position is not true, I will stand where the truth is to be found."

Unfortunately, the mob sees this as supporting the other side.

Characteristic #5: Agitators help influence the mob

This isn't an argument of a conspiracy theory.  I'm not talking about some person with a nefarious plot to overthrow something.  The mob generally is headless.  It can be guided and influenced but it can never be controlled.  The mob can turn on the one who tries to use it.

Rather, I am talking about true believers in a cause who have a strong hatred of whatever they are working against.  This zeal leads them to attack what they see as an enemy.  They instinctively make emotional appeals to steer the audience to their position.  These people tend to be zealous, or even fanatical in their hatred.  They are certain they are right.  However, they differ from those who are speaking the truth in that they generally will use any tactic against their enemy, justifying it on the grounds that the enemy does worse.

For example, ex-Catholics who become anti-Catholics take whatever real or imagined wrong from the Church which offends them, and use their anger as a focus to attack the Church, certain that whatever wrong they suffered (or think they suffered) was not only deliberate, but malicious as well.  So they scour Church documents for words which will justify their hatred of the Church, giving them the interpretation they choose.  If you tell them their interpretation is wrong, you are accused of lying.  Or being stupid.

Agitators are good at twisting words.  If you use a vague analogy, they will distort it.  If you use one example to lead into another point, they will use the the example and misrepresent it as being your point.  Their tone will always be condescending and mocking you… obviously you must be an idiot if you disagree with them.  [This is why Christians should avoid sarcasm and mocking.  Yes these people can make us angry, but getting angry is to lose the argument].

They will always reduce their arguments to slogans however, and will not listened to reasoned argument.  Why?  Because they aren't here to discuss the truth.  They are here to attack people who disagree with their accusation which they interpret as denying their experience.

These can either be poor at what they do, in which case you can reduce them to silence, or they can be skilled enough to make an argument futile: you won't get a fair hearing for your position.  The agitator's clever phrasing will lead the mob to think he has won when in fact, he is doing nothing to answer your actual points.

Sometimes you have to suppress your desire to get in the "last hit" and walk away from those people.  A "last act of defiance" almost never comes off looking as good as you hope it would.

Dealing with the Mob

Arguing your case before the mob is like casting pearls before swine.  If you take a position which the mob has been told is wrong, it will be distorted and the distortion will be turned against you.  They will believe the agitator's distortion is true and no matter what you say, it will be the agitator's misrepresentation and not what you said that they will believe. 

Now the temptation is to sink to their level, slinging mud for mud and insult for insult.  However, such a tactic may win points with the "living in Mom's basement" crowd who enjoys an exchange of insults, but it won't actually prove the point we are trying to get across.  It won't actually convince them either, because what the Christian calls people to is contrary to the appetite of the mob.

Christians can't feed the appetite of the mob.  Nor should we want to.  What the mob wants too often is wrong in the eyes of the believer. Whether the mob wants a scapegoat or whether the mob wants us to bless its immoral actions, we can't give them these things.

However, there is a way which we can use.  That is remembering that the mob is not a faceless mass, but is made up of individuals with different motives and levels of understanding.  You can't speak to the mob.  You can only speak to individuals.  Only individuals can be turned from error.  The mob simply wants the bread and circuses, and will support whoever will feed their appetite.

All we can do is to speak to the individual, hoping they will listen to the truth and not to what agitators distort our position to be, praying they will leave the mob.  Because of this, we need to pray that we act in accordance with God's will and try our best to act as representatives of the King.

After that we can do no more (though we must be tireless in doing this task).

Finally, we must remember that Jesus has told us men would hate us on account of Him.  They will use whatever scandal (real or imagined) they can find to fuel their hatred.  We should remember Christ's words in such a case:

^22 Blessed are you when people hate you, and when they exclude and insult you, and denounce your name as evil on account of the Son of Man.

^23 Rejoice and leap for joy on that day! Behold, your reward will be great in heaven. For their ancestors treated the prophets in the same way. (Luke 6:22-23)

Noteworthy: CDF Clarifies Rules concerning Abuse

This press release from the Vatican today, clarifying the Church rules on sexual abuse reporting.  (If you go HERE you can get the press releases from the Vatican emailed to you)  I find it very informative.

The CDF Clarification: Text

VATICAN CITY, 12 APR 2010 (VIS) - Today the Vatican website, under the section called "Focus", published a guide to understanding the procedures of the Congregation for the Doctrine of the Faith on sexual abuse allegations towards minors.

Guide to Understanding Basic CDF Procedures concerning Sexual Abuse Allegations

The applicable law is the Motu Proprio "Sacramentorum sanctitatis tutela" (MP SST) of 30 April 2001 together with the 1983 Code of Canon Law. This is an introductory guide which may be helpful to lay persons and non-canonists.

A:  Preliminary Procedures

The local diocese investigates every allegation of sexual abuse of a minor by a cleric.

If the allegation has a semblance of truth the case is referred to the CDF.  The local bishop transmits all the necessary information to the CDF and expresses his opinion on the procedures to be followed and the measures to be adopted in the short and long term.

Civil law concerning reporting of crimes to the appropriate authorities should always be followed.

During the preliminary stage and until the case is concluded, the bishop may impose precautionary measures to safeguard the community, including the victims. Indeed, the local bishop always retains power to protect children by restricting the activities of any priest in his diocese.  This is part of his ordinary authority, which he is encouraged to exercise to whatever extent is necessary to assure that children do not come to harm, and this power can be exercised at the bishop's discretion before, during and after any canonical proceeding.

B: Procedures authorized by the CDF

The CDF studies the case presented by the local bishop and also asks for supplementary information where necessary.

The CDF has a number of options:

B1 Penal Processes

The CDF may authorize the local bishop to conduct a judicial penal trial before a local Church tribunal. Any appeal in such cases would eventually be lodged to a tribunal of the CDF.

The CDF may authorize the local bishop to conduct an administrative penal process before a delegate of the local bishop assisted by two assessors. The accused priest is called to respond to the accusations and to review the evidence.  The accused has a right to present recourse to the CDF against a decree condemning him to a canonical penalty.  The decision of the Cardinals members of the CDF is final.

Should the cleric be judged guilty, both judicial and administrative penal processes can condemn a cleric to a number of canonical penalties, the most serious of which is dismissal from the clerical state.  The question of damages can also be treated directly during these procedures.

B2 Cases referred directly to the Holy Father

In very grave cases where a civil criminal trial has found the cleric guilty of sexual abuse of minors or where the evidence is overwhelming, the CDF may choose to take the case directly to the Holy Father with the request that the Pope issue a decree of "ex officio" dismissal from the clerical state.  There is no canonical remedy against such a papal decree.

The CDF also brings to the Holy Father requests by accused priests who, cognizant of their crimes, ask to be dispensed from the obligation of the priesthood and want to return to the lay state.  The Holy Father grants these requests for the good of the Church ("pro bono Ecclesiae").

B3 Disciplinary Measures

In cases where the accused priest has admitted to his crimes and has accepted to live a life of prayer and penance, the CDF authorizes the local bishop to issue a decree prohibiting or restricting the public ministry of such a priest.  Such decrees are imposed through a penal precept which would entail a canonical penalty for a violation of the conditions of the decree, not excluding dismissal from the clerical state.  Administrative recourse to the CDF is possible against such decrees.  The decision of the CDF is final.

C. Revision of MP SST

For some time the CDF has undertaken a revision of some of the articles of "Motu Proprio Sacramentorum Sanctitatis tutela", in order to update the said Motu Proprio of 2001 in the light of special faculties granted to the CDF by Popes  John Paul II and Benedict XVI. The proposed modifications under discussion will not change the above-mentioned procedures (A, B1-B3).

CDF/                                                                                                VIS 20100412 (720)           

The Significant Points, Analyzed

I find this an interesting Clarification in light of all the misrepresentations in the media.  Let's look at some of the crucial points.  (Church quote in blue, my comments in black):

1. "The applicable law is the Motu Proprio "Sacramentorum sanctitatis tutela" (MP SST) of 30 April 2001 together with the 1983 Code of Canon Law. This is an introductory guide which may be helpful to lay persons and non-canonists."  This isn't a change of the laws.  It is explaining to people who are not canon lawyers how the Church procedures actually work.  Given the ignorance of the media in this issue, this is quite important.
2. "The local diocese investigates every allegation of sexual abuse of a minor by a cleric."  Quite important to clarify where the buck stops.  The buck stops with the Bishop.  The bishop who kicks things under the table is doing wrong.  Deciding arbitrarily who is credible is also wrong.  If an allegation is being made, it must be investigated.
3. "If the allegation has a semblance of truth the case is referred to the CDF."  So if the initial investigation doesn't establish the claims as false, it must be sent to the CDF.  This is not optional.  This shows the responsibility of the diocese to inform, and not sit on the cases.
4. "Civil law concerning reporting of crimes to the appropriate authorities should always be followed."  Also crucial.  If a crime is reported to the diocese, it must pass it on as civil law requires.  (Civil law is in contrast to Canon law and not Criminal Law by the way.  The document, for example speaks of a "civil criminal trial.")
5. The CDF has certain options in how the case is handled depending on the circumstances.  It can:
   1. "The CDF may authorize the local bishop to conduct a judicial penal trial before a local Church tribunal. Any appeal in such cases would eventually be lodged to a tribunal of the CDF."  If the Church decides the local tribunal can handle the case, the case is investigated there.  If the accused appeals, it would then go to the CDF.
   2. "The CDF may authorize the local bishop to conduct an administrative penal process before a delegate of the local bishop assisted by two assessors. The accused priest is called to respond to the accusations and to review the evidence.  The accused has a right to present recourse to the CDF against a decree condemning him to a canonical penalty.  The decision of the Cardinals members of the CDF is final."  The Bishop with two assessors may also try the case.  In this case, the CDF can still be appealed to,  The CDF decision is considered final.
   3. "Should the cleric be judged guilty, both judicial and administrative penal processes can condemn a cleric to a number of canonical penalties, the most serious of which is dismissal from the clerical state.  The question of damages can also be treated directly during these procedures."  The priest found guilty can be sentenced to different canonical penalties which can (but not necessarily must) be dismissed from the clerical state (which means the priest is forbidden to use those gifts which the sacrament bestows.  It does not mean the priest is stripped of the sacrament).
6. "In very grave cases where a civil criminal trial has found the cleric guilty of sexual abuse of minors or where the evidence is overwhelming, the CDF may choose to take the case directly to the Holy Father with the request that the Pope issue a decree of "ex officio" dismissal from the clerical state.  There is no canonical remedy against such a papal decree."  So if the priest is convicted in a criminal trial, or the evidence is overwhelming, the CDF can take the case to the Pope to automatically strip the priest of his clerical state… no appeal possible here.
7. "The CDF also brings to the Holy Father requests by accused priests who, cognizant of their crimes, ask to be dispensed from the obligation of the priesthood and want to return to the lay state.  The Holy Father grants these requests for the good of the Church ("pro bono Ecclesiae")."  So if the Pope deems it for the good of the Church, priests who admit their guilt can (not necessarily will) be returned to the lay state (which means they are released from their vows and can marry.  They still have the gifts granted by the sacrament but are forbidden to use them).
8. "In cases where the accused priest has admitted to his crimes and has accepted to live a life of prayer and penance, the CDF authorizes the local bishop to issue a decree prohibiting or restricting the public ministry of such a priest.  Such decrees are imposed through a penal precept which would entail a canonical penalty for a violation of the conditions of the decree, not excluding dismissal from the clerical state.  Administrative recourse to the CDF is possible against such decrees.  The decision of the CDF is final."  This is important in light of all these bogus "Pope stalls defrocking" headlines.  A priest who admits his crimes can be ordered to live a life of prayer and penance, where the Bishop issues a decree where the priest is restricted or prohibited from practicing their ministry.  If the priest violates the conditions, he can suffer additional penalties or even dismissal.  The priest who is treated unjustly can appeal, but what the CDF decides in such a case is final.

Conclusion

This document shows the rush to judgment by the media demonstrates a gross misunderstanding of the Church procedures.  There is a procedure which must be followed.  The most serious cases can result in automatic dismissal by the Pope or the CDF automatically.  Other cases can be judged by the diocese and appealed to the CDF.

The penalties do not have to automatically be dismissal from the clerical state (often wrongly called "defrocking").  The priest can be limited or forbidden to practice their priestly ministry if the circumstances warrant it.

This is interesting to note.  The media labels anything which is not a dismissal to be a "cover up," but in the rules of the Church, the penalty fits the crime and is aimed at bringing the sinful priest to repentance.

When this is kept in mind, the accusations of the bishops wanting dismissal and the Vatican "covering up" are baseless.  In most cases, the Diocese hears the case and sets the penalty, keeping the CDF informed.  In such cases, a diocese seeking to pass on the case assigned to them are guilty of "passing the buck."  In serious cases, the CDF can handle it directly or send it up to the Pope with the recommendation to dismiss the offender.

In light of this, the Church condemnations in the media demonstrate a profound lack of understanding of the Church procedures and a lack of interest in finding out what the Church requires.

Noteworthy: CDF Clarifies Rules concerning Abuse

This press release from the Vatican today, clarifying the Church rules on sexual abuse reporting.  (If you go HERE you can get the press releases from the Vatican emailed to you)  I find it very informative.

The CDF Clarification: Text

VATICAN CITY, 12 APR 2010 (VIS) - Today the Vatican website, under the section called "Focus", published a guide to understanding the procedures of the Congregation for the Doctrine of the Faith on sexual abuse allegations towards minors.

Guide to Understanding Basic CDF Procedures concerning Sexual Abuse Allegations

The applicable law is the Motu Proprio "Sacramentorum sanctitatis tutela" (MP SST) of 30 April 2001 together with the 1983 Code of Canon Law. This is an introductory guide which may be helpful to lay persons and non-canonists.

A:  Preliminary Procedures

The local diocese investigates every allegation of sexual abuse of a minor by a cleric.

If the allegation has a semblance of truth the case is referred to the CDF.  The local bishop transmits all the necessary information to the CDF and expresses his opinion on the procedures to be followed and the measures to be adopted in the short and long term.

Civil law concerning reporting of crimes to the appropriate authorities should always be followed.

During the preliminary stage and until the case is concluded, the bishop may impose precautionary measures to safeguard the community, including the victims. Indeed, the local bishop always retains power to protect children by restricting the activities of any priest in his diocese.  This is part of his ordinary authority, which he is encouraged to exercise to whatever extent is necessary to assure that children do not come to harm, and this power can be exercised at the bishop's discretion before, during and after any canonical proceeding.

B: Procedures authorized by the CDF

The CDF studies the case presented by the local bishop and also asks for supplementary information where necessary.

The CDF has a number of options:

B1 Penal Processes

The CDF may authorize the local bishop to conduct a judicial penal trial before a local Church tribunal. Any appeal in such cases would eventually be lodged to a tribunal of the CDF.

The CDF may authorize the local bishop to conduct an administrative penal process before a delegate of the local bishop assisted by two assessors. The accused priest is called to respond to the accusations and to review the evidence.  The accused has a right to present recourse to the CDF against a decree condemning him to a canonical penalty.  The decision of the Cardinals members of the CDF is final.

Should the cleric be judged guilty, both judicial and administrative penal processes can condemn a cleric to a number of canonical penalties, the most serious of which is dismissal from the clerical state.  The question of damages can also be treated directly during these procedures.

B2 Cases referred directly to the Holy Father

In very grave cases where a civil criminal trial has found the cleric guilty of sexual abuse of minors or where the evidence is overwhelming, the CDF may choose to take the case directly to the Holy Father with the request that the Pope issue a decree of "ex officio" dismissal from the clerical state.  There is no canonical remedy against such a papal decree.

The CDF also brings to the Holy Father requests by accused priests who, cognizant of their crimes, ask to be dispensed from the obligation of the priesthood and want to return to the lay state.  The Holy Father grants these requests for the good of the Church ("pro bono Ecclesiae").

B3 Disciplinary Measures

In cases where the accused priest has admitted to his crimes and has accepted to live a life of prayer and penance, the CDF authorizes the local bishop to issue a decree prohibiting or restricting the public ministry of such a priest.  Such decrees are imposed through a penal precept which would entail a canonical penalty for a violation of the conditions of the decree, not excluding dismissal from the clerical state.  Administrative recourse to the CDF is possible against such decrees.  The decision of the CDF is final.

C. Revision of MP SST

For some time the CDF has undertaken a revision of some of the articles of "Motu Proprio Sacramentorum Sanctitatis tutela", in order to update the said Motu Proprio of 2001 in the light of special faculties granted to the CDF by Popes  John Paul II and Benedict XVI. The proposed modifications under discussion will not change the above-mentioned procedures (A, B1-B3).

CDF/                                                                                                VIS 20100412 (720)           

The Significant Points, Analyzed

I find this an interesting Clarification in light of all the misrepresentations in the media.  Let's look at some of the crucial points.  (Church quote in blue, my comments in black):

1. "The applicable law is the Motu Proprio "Sacramentorum sanctitatis tutela" (MP SST) of 30 April 2001 together with the 1983 Code of Canon Law. This is an introductory guide which may be helpful to lay persons and non-canonists."  This isn't a change of the laws.  It is explaining to people who are not canon lawyers how the Church procedures actually work.  Given the ignorance of the media in this issue, this is quite important.
2. "The local diocese investigates every allegation of sexual abuse of a minor by a cleric."  Quite important to clarify where the buck stops.  The buck stops with the Bishop.  The bishop who kicks things under the table is doing wrong.  Deciding arbitrarily who is credible is also wrong.  If an allegation is being made, it must be investigated.
3. "If the allegation has a semblance of truth the case is referred to the CDF."  So if the initial investigation doesn't establish the claims as false, it must be sent to the CDF.  This is not optional.  This shows the responsibility of the diocese to inform, and not sit on the cases.
4. "Civil law concerning reporting of crimes to the appropriate authorities should always be followed."  Also crucial.  If a crime is reported to the diocese, it must pass it on as civil law requires.  (Civil law is in contrast to Canon law and not Criminal Law by the way.  The document, for example speaks of a "civil criminal trial.")
5. The CDF has certain options in how the case is handled depending on the circumstances.  It can:
   1. "The CDF may authorize the local bishop to conduct a judicial penal trial before a local Church tribunal. Any appeal in such cases would eventually be lodged to a tribunal of the CDF."  If the Church decides the local tribunal can handle the case, the case is investigated there.  If the accused appeals, it would then go to the CDF.
   2. "The CDF may authorize the local bishop to conduct an administrative penal process before a delegate of the local bishop assisted by two assessors. The accused priest is called to respond to the accusations and to review the evidence.  The accused has a right to present recourse to the CDF against a decree condemning him to a canonical penalty.  The decision of the Cardinals members of the CDF is final."  The Bishop with two assessors may also try the case.  In this case, the CDF can still be appealed to,  The CDF decision is considered final.
   3. "Should the cleric be judged guilty, both judicial and administrative penal processes can condemn a cleric to a number of canonical penalties, the most serious of which is dismissal from the clerical state.  The question of damages can also be treated directly during these procedures."  The priest found guilty can be sentenced to different canonical penalties which can (but not necessarily must) be dismissed from the clerical state (which means the priest is forbidden to use those gifts which the sacrament bestows.  It does not mean the priest is stripped of the sacrament).
6. "In very grave cases where a civil criminal trial has found the cleric guilty of sexual abuse of minors or where the evidence is overwhelming, the CDF may choose to take the case directly to the Holy Father with the request that the Pope issue a decree of "ex officio" dismissal from the clerical state.  There is no canonical remedy against such a papal decree."  So if the priest is convicted in a criminal trial, or the evidence is overwhelming, the CDF can take the case to the Pope to automatically strip the priest of his clerical state… no appeal possible here.
7. "The CDF also brings to the Holy Father requests by accused priests who, cognizant of their crimes, ask to be dispensed from the obligation of the priesthood and want to return to the lay state.  The Holy Father grants these requests for the good of the Church ("pro bono Ecclesiae")."  So if the Pope deems it for the good of the Church, priests who admit their guilt can (not necessarily will) be returned to the lay state (which means they are released from their vows and can marry.  They still have the gifts granted by the sacrament but are forbidden to use them).
8. "In cases where the accused priest has admitted to his crimes and has accepted to live a life of prayer and penance, the CDF authorizes the local bishop to issue a decree prohibiting or restricting the public ministry of such a priest.  Such decrees are imposed through a penal precept which would entail a canonical penalty for a violation of the conditions of the decree, not excluding dismissal from the clerical state.  Administrative recourse to the CDF is possible against such decrees.  The decision of the CDF is final."  This is important in light of all these bogus "Pope stalls defrocking" headlines.  A priest who admits his crimes can be ordered to live a life of prayer and penance, where the Bishop issues a decree where the priest is restricted or prohibited from practicing their ministry.  If the priest violates the conditions, he can suffer additional penalties or even dismissal.  The priest who is treated unjustly can appeal, but what the CDF decides in such a case is final.

Conclusion

This document shows the rush to judgment by the media demonstrates a gross misunderstanding of the Church procedures.  There is a procedure which must be followed.  The most serious cases can result in automatic dismissal by the Pope or the CDF automatically.  Other cases can be judged by the diocese and appealed to the CDF.

The penalties do not have to automatically be dismissal from the clerical state (often wrongly called "defrocking").  The priest can be limited or forbidden to practice their priestly ministry if the circumstances warrant it.

This is interesting to note.  The media labels anything which is not a dismissal to be a "cover up," but in the rules of the Church, the penalty fits the crime and is aimed at bringing the sinful priest to repentance.

When this is kept in mind, the accusations of the bishops wanting dismissal and the Vatican "covering up" are baseless.  In most cases, the Diocese hears the case and sets the penalty, keeping the CDF informed.  In such cases, a diocese seeking to pass on the case assigned to them are guilty of "passing the buck."  In serious cases, the CDF can handle it directly or send it up to the Pope with the recommendation to dismiss the offender.

In light of this, the Church condemnations in the media demonstrate a profound lack of understanding of the Church procedures and a lack of interest in finding out what the Church requires.

Freedom to Express Your Views – Unless You Are Catholic?

There seems to be some shoddy reasoning going around the Internet regarding Catholics in the political arena.  Generally, the attacks are along the line that those who are Catholic either have no right to participate in the arena due to the sins of some of her members, or else that whenever the Church speaks out, it is imposing an ideological agenda on the rest of the nation.

Neither one of these ideas have any basis in reason, but are instead making an appeal to emotion, using charged words to frighten or anger people.  In the past, it was the "Catholic politicians are taking orders from Rome."  Now it is, "Catholic politicians don't have to listen to the Church, and if they are acting according to what they believe is right, it means the Church is controlling them."

Let's look at some of the errors of assumption.

PART I: "Clean up your own Mess first."

There are many variants of this attack.  Right now, it is the false reports of the cover-ups which are being thrown in our faces.  There have been others in the past.  The Galileo case was used for quite a long time when the Church spoke on the moral issues of science.

The main flaw with the argument is that even if the charges are just (and they certainly aren't in this case), it has absolutely no bearing on whether one should speak out on another related issue.  It's an ad hominem attack, akin to the defense lawyer seeking to remove the credibility of a mob informer by pointing out he is a criminal.  Very true, he is a criminal.  However, that has no bearing on whether or not his information is true.

It is also poisoning the well.  A negative example is used to poison the minds against whatever the opponent says instead of considering the facts of the matter.

Finally, it is a Red Herring, in that it actually is irrelevant to the case at hand.

So let's take a real example, the issue of Nancy Pelosi voting in a way which entirely defies Church teaching.  One person who agrees with Pelosi argues to the effect of, the Church should clean up its own mess before trying to tell others how to live.  That the Church may need to clean up a scandal is true.  However, it is entirely irrelevant to the issue at hand: Nancy Pelosi is a Catholic voting in a way which is in defiance of what the Church she professes to be a member of actually teaches.

Really, this kind of attack is just a cheap shot to appeal to the emotions of the audience.

PART II: "The Church shouldn't tell others how to vote."

This argument is essentially a straw man fallacy.  The Church isn't telling people how to vote.  Rather, the Church is saying that if one professes to be a Catholic they are required to live in accordance with the teachings of the Church.  Now a person may not be automatically excommunicated if they do not, but the Church can exact penalties aimed at bringing the erring Catholic back to the proper understanding of what Christian behavior.  Pelosi is free to go on voting to kill unborn infants of course.  The Supreme Court made it legal, and that is unlikely to change.  However, she does not have the right to call her behavior Catholic, and the Church does have the right to tell her, that she either follows Church teaching or change her religion.

Of course this brings us to another objection some pose: That the politician votes in order to represent the population which elected him or her, and therefore cannot do anything different.

This sounds nice of course, and Mario Cuomo exploited it back in the 1980s.  The problem was, Cuomo often did other things (like commute death sentences) against the will of the people who elected him… Cuomo, in those cases, because he felt them the right thing to do.  Let's not get sidetracked here on the issue of the Death Penalty and abortion.  In terms of this article, Cuomo invoked the will of the voters only when it suited him.

There is a third attack which is often used: The Church moral teaching is often treated as a narrow ideology, and when the Church opposes a certain policy (for example, so-called Homosexual marriage), Catholics are told that their view is pushing ideology on people who don't believe it.  [Cuomo also used this excuse when he made his "personally opposed but…" argument.]

The irony here is that we could easily use the same argument against the proponents of homosexual marriage.  It is something new which a small group of radicals are trying to foist on the people of a state.

Exactly who decides what is justice and what is ideology?  Unless there is an absolute we can look to, any person can label their opponent's position as "pushing their views on others."  So Muslims in certain nations oppress women, and the West is considered trying to push a decadent ideology on them.  South Africa in the apartheid era and China in terms of its dissidents today accused the West of interfering with their own values.   ALL of these examples were quite real.

So here is the flaw with the "pushing ideology" argument.  Unless there is a set of moral absolutes to begin with, everything is an ideology and the strongest can impose their will, while the others are suppressed.

Now this view may seem fine when it is your view on top.  The problem is, if anyone can use this argument, you have no argument if an Islamist government or a Fascist [in the sense of the philosophy of fascism, not what liberals label moderate conservatives as] government imposes their views on you.

Conclusion

The examples I gave in this article are quite common on the internet, and are being used to negate the rights of Catholics from practicing their freedoms of speech, religion and others, making use of logical fallacies and shoddy appeals to emotions to make people fear the old Nativist view of Catholicism as a power just waiting to take over America and make it a property of the Pope.

Personally, I'm tired of it.  If a person honestly thinks the Catholic Church is wrong on an issue, they have the right to use their freedom of religion and freedom of speech as well.  Such a person does NOT have the right to deprive Catholics of these rights.