Paul Rahe explains that the American Roman Catholic hierarchy ought not to be surprised to find Barack Obama’s Leviathan state now demanding the surrender of the church’s conscience and soul. They made a deal with Statist Socialism decades ago and ultimately in these kinds of deals payment does come due.
The principle articulated in canon law — the only law common to all of Western Europe… was lifted from the Roman law dealing with the governance of waterways: “Quod omnes tangit,â€ it read, â€œab omnibus tractari debeat: That which touches all should be dealt with by all.â€ In pagan antiquity, this meant that those upstream could not take all of the water and that those downstream had a say in its allocation. It was this principle that the clergymen who served as royal admnistrators insinuated into the laws of the kingdoms and petty republics of Europe. It was used to justify communal self-government. It was used to justify the calling of parliaments. And it was used to justify the provisions for self-governance contained within the corporate charters issued to cities, boroughs, and, in time, colonies. …
The quod omnes tangit principle was not the foundation of modern liberty, but it was its antecedent. And had there been no such antecedent, had kings not been hemmed in by the Church and its allies in this fashion, I very much doubt that there ever would have been a regime of limited government. In fact, had there not been a distinction both in theory and in fact between the secular and the spiritual authority, limited government would have been inconceivable.
The Reformation weakened the Church. In Protestant lands, it tended to strengthen the secular power and to promote a monarchical absolutism unknown to the Middle Ages. Lutheranism and Anglicanism were, in effect, Caesaro-Papist. In Catholic lands, it caused the spiritual power to shelter itself behind the secular power and become, in many cases, an appendage of that power. But the Reformation and the religious strife to which it gave rise also posed to the secular power an almost insuperable problem â€“ how to secure peace and domestic tranquility in a world marked by sectarian competition. Limited government â€“ i. e., a government limited in its scope â€“ was the solution ultimately found, and John Locke was its proponent.
In the nascent American republic, this principle was codified in its purest form in the First Amendment to the Constitution. But it had additional ramifications as well â€“ for the governmentâ€™s scope was limited also in other ways. There were other amendments that made up what we now call the Bill of Rights, and many of the states prefaced their constitutions with bills of rights or added them as appendices. These were all intended to limit the scope of the government. They were all designed to protect the right of individuals to life, liberty, the acquisition and possession of property, and the pursuit of happiness as these individuals understood happiness. Put simply, liberty of conscience was part of a larger package.
This is what the hierarchy of the Roman Catholic Church forgot. In the 1930s, the majority of the bishops, priests, and nuns sold their souls to the devil, and they did so with the best of intentions. In their concern for the suffering of those out of work and destitute, they wholeheartedly embraced the New Deal. They gloried in the fact that Franklin Delano Roosevelt made Frances Perkins â€“ a devout Anglo-Catholic laywoman who belonged to the Episcopalian Church but retreated on occasion to a Catholic convent â€“ Secretary of Labor and the first member of her sex to be awarded a cabinet post. And they welcomed Social Security â€“ which was her handiwork. They did not stop to ponder whether public provision in this regard would subvert the moral principle that children are responsible for the well-being of their parents. They did not stop to consider whether this measure would reduce the incentives for procreation and nourish the temptation to think of sexual intercourse as an indoor sport. They did not stop to think.
In the process, the leaders of the American Catholic Church fell prey to a conceit that had long before ensnared a great many mainstream Protestants in the United States â€“ the notion that public provision is somehow akin to charity â€“ and so they fostered state paternalism and undermined what they professed to teach: that charity is an individual responsibility and that it is appropriate that the laity join together under the leadership of the Church to alleviate the suffering of the poor. In its place, they helped establish the Machiavellian principle that underpins modern liberalism â€“ the notion that it is our Christian duty to confiscate other peopleâ€™s money and redistribute it.
At every turn in American politics since that time, you will find the hierarchy assisting the Democratic Party and promoting the growth of the administrative entitlements state. At no point have its members evidenced any concern for sustaining limited government and protecting the rights of individuals. It did not cross the minds of these prelates that the liberty of conscience which they had grown to cherish is part of a larger package â€“ that the paternalistic state, which recognizes no legitimate limits on its power and scope, that they had embraced would someday turn on the Church and seek to dictate whom it chose to teach its doctrines and how, more generally, it would conduct its affairs.
I would submit that the bishops, nuns, and priests now screaming bloody murder have gotten what they asked for. The weapon that Barack Obama has directed at the Church was fashioned to a considerable degree by Catholic churchmen. They welcomed Obamacare. They encouraged Senators and Congressmen who professed to be Catholics to vote for it.
After all, whoever heard of religious freedom surviving under Socialism?
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