Wednesday 18th July 2018

Home » Frontpage » Currently Reading:

Justice Kennedy V. Cicero, Jefferson, Hamilton, And MLK

July 6, 2018 Frontpage No Comments

By TERENCE P. JEFFREY

History will remember Justice Anthony Kennedy for advancing an illogical argument to deny a God-given right. That places him on the opposite side of a fundamental question from the great Roman senator Cicero — as well as from Thomas Jefferson, Alexander Hamilton, and Rev. Martin Luther King Jr.
In 1825, an 82-year-old Jefferson wrote a letter putting the Declaration of Independence in context. He wanted people to know: There was nothing unique or new about the philosophy it embraced.
“Neither aiming at originality of principle or sentiment, nor yet copied from any particular and previous writing, it was intended to be an expression of the American mind,” Jefferson said.
“All its authority rests then on the harmonizing sentiments of the day,” he wrote, “whether expressed in conversation, in letters, printed essays, or in the elementary books of public right, as Aristotle, Cicero, Locke, Sidney, &c.”
Cicero was murdered in 43 B.C. What might he have said that enlightened the Declaration of 1776?
“There is a true law, a right reason, conformable to nature, universal, unchangeable, eternal, whose commands urge us to duty, and whose prohibitions restrain us from evil,” Cicero wrote in about 54 B.C.
“It is not one thing at Rome and another at Athens; one thing today and another tomorrow; but in all times and nations this universal law must forever reign, eternal and imperishable,” Cicero said. “God himself is its author, its promulgator, its enforcer.”
What did Hamilton think of this argument? “The sacred rights of mankind are not to be rummaged for, among old parchments, or musty records,” Hamilton wrote in 1775. “They are written, as with a sun beam, in the whole volume of human nature, by the hand of the divinity itself; and can never be erased or obscured by mortal power.”
That Jefferson, a hypocritical owner of slaves, understood that the inalterable God-given natural law prohibited slavery is demonstrated by some of the inscriptions now carved into his memorial in Washington, D.C.
They include these Jeffersonian words: “God who gave us life gave us liberty. Can the liberties of a nation be secure when we have removed a conviction that these liberties are the gift of God? Indeed, I tremble for my country when I reflect that God is just, that His justice cannot sleep forever. Commerce between master and slave is despotism. Nothing is more certainly written in the book of fate than that these people are to be free.”
In 1963, Rev. Martin Luther King Jr. was unjustly jailed in Birmingham for protesting the immorality of segregation. King, the president of the Southern Christian Leadership Conference, rightly offered no repentance for nonviolent resistance to unjust laws. In the true spirit of America, he explained why that resistance was necessary.
“A just law is a man-made code that squares with the moral law or the law of God,” King wrote in his Letter From Birmingham Jail.
Speaking of those who engaged in nonviolent resistance against segregation, King declared: “One day the South will know that when these disinherited children of God sat down at lunch counters they were in reality standing up for the best in the American dream and the most sacred values in our Judeo-Christian heritage, and thusly, carrying our whole nation back to those great wells of democracy which were dug deep by the founding fathers in the formulation of the Constitution and the Declaration of Independence.”
In 1992, Justice Kennedy joined with Justices Sandra Day O’Connor and David Souter in writing the Supreme Court’s opinion in Planned Parenthood v. Casey.
Kennedy defended what he called “the right of the woman to choose to have an abortion before viability and to obtain it without undue interference from the state.” He argued that this “right” was protected by the Due Process Clause of the Fourteenth Amendment.
“It declares,” Kennedy said, “that no state shall ‘deprive any person of life, liberty, or property, without due process of law.’ The controlling word in the cases before us is ‘liberty’.”
If the right to kill an unborn child, as Kennedy argued, is protected by the “liberty” recognized in the Fourteenth Amendment, what is the ultimate source of that “liberty”?
Is, as Cicero said, “God himself . . . its author”? Are men, as Jefferson wrote, “endowed by their Creator” with it? Is it, as Hamilton declared, written “by the hand of the divinity itself”? Does it, as King would ask, square “with the moral law or the law of God”?
No.
In Kennedy’s opinion, the “rights” that constitute “liberty” are something each person — or Supreme Court justice — can make up for themselves.
“At the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life,” Kennedy wrote. “Beliefs about these matters could not define the attributes of personhood were they formed under compulsion of the State.”
However, though Kennedy gave to each person the authority to determine what “liberty” is, he nonetheless limited a women’s liberty to kill her unborn child to only that time which precedes the child’s “viability.” Viability, of course, is a mutable thing — subject to advances in machinery and drugs.
But then, in Justice Kennedy’s world, all rights are mutable — subject to whomever holds five votes on the Supreme Court.

Share Button

2017 The Wanderer Printing Co.

Priestly Fraternity of St. Peter Elects New Superior General

LINCOLN, Neb. — The general chapter of the Priestly Fraternity of St. Peter, a society of apostolic life that celebrates the extraordinary form of the Roman rite, Monday elected Father Andrzej Komorowski as its next superior general. The July 9…Continue Reading

Catholic-heavy Supreme Court moves right as the church moves left

(RNS) — With his nomination of Judge Brett Kavanaugh to replace the retiring Justice Anthony Kennedy, President Trump has succeeded in doing for the judicial branch what he has often failed or neglected to do in his administration: acting efficiently…Continue Reading

Election of the Superior General . . . Society of Saint Pius X

Election of the Superior General On July 11, 2018, Father Davide Pagliarani was elected Superior General, for a mandate of 12 years, by the 4th General Chapter of the Society of Saint Pius X. The new Superior General is 47…Continue Reading

Paradoxes and indicators of Capella’s and McCarrick’s cases

These days we will find out whether Monsignor Carlo Alberto Capella, the former advisor to the Washington nunciature that the Vatican sentenced to five years’ imprisonment for possession and distribution of “large quantities” of child pornography, will present an appeal…Continue Reading

Diocese led by pro-gay bishop says it’s ‘up to each parish’ whether to promote homosexuality

LEXINGTON, Kentucky, July 3, 2018 (LifeSiteNews) – A Catholic church in the heart of Appalachia has attracted media attention for the Gay Pride Month banner stretched across its front lawn. The local ordinary, Bishop John Stowe, has a record of collaborating with a…Continue Reading

Al Gore: Pope Francis a ‘moral force’ for solving climate crisis

(Vatican.news) Nobel Peace Prize Winner and former U.S. Vice President, Al Gore, is one of the world’s most vocal defenders of the environment. His 2007 documentary film, “An Inconvenient Truth”, won an Oscar and his Climate Reality Project recently hosted…Continue Reading

Catholic bishops heading to border to tackle family separation issues

HOUSTON, Texas (KTRK) — A delegation of Catholic bishops from across the country are heading to the border on Monday. Cardinal Daniel DiNardo, president of the U.S. Conference of Catholic Bishops, will lead the delegation in its visit to the…Continue Reading

Catholic Church teaching on homosexuality ‘evil’, McAleese says

The Catholic Church’s teaching on homosexuality is “evil”, former president Mary McAleese has said. Speaking ahead of her inaugural participation in the Dublin Pride event on Saturday, where she will march with her son Justin and his husband, the former…Continue Reading

Senate Will Vote Before Elections on Replacing Pro-Abortion Justice Anthony Kennedy

The United States Senate will vote before the elections this November on a replacement for pro-abortion Supreme Court Justice Anthony Kennedy. Senate Majority Leader Mitch McConnell made that announcement today shortly after the surprising but welcome announcement that the longtime abortion…Continue Reading

Cardinal Burke, Bishop Schneider respond to Pope Francis’ inflight intercommunion comments

ROME, June 27, 2018 (LifeSiteNews) — The reception of Holy Communion in the Catholic Church — even in exceptional cases — by a Protestant or other non-Catholic constitutes a “lie” that betrays the Apostolic tradition and the Church’s constant practice…Continue Reading

German Bishops Publish Intercommunion Handout with a Rhetorical Trick

Today, the German bishops have published their very controversial pastoral handout which allows Protestant spouses of Catholics, in certain cases, to receive Holy Communion. Since Pope Francis, on 21 June, objected to a national bishops’ conference publishing such an official text, the…Continue Reading

Vikings host ‘LGBTQ summit’ to promote ‘inclusion’ in sports

EAGAN, Minnesota, June 21, 2018 (LifeSiteNews) – The Minnesota Vikings are hosting a conference and fundraiser today for “LGBTQ inclusion in sports,” the first of its kind in the National Football League (NFL). The event will include speeches, interviews, and…Continue Reading

Untitled 5 Untitled 2

Attention Readers:

  Welcome to our website. Readers who are familiar with The Wanderer know we have been providing Catholic news and orthodox commentary for 150 years in our weekly print edition.


  Our daily version offers only some of what we publish weekly in print. To take advantage of everything The Wanderer publishes, we encourage you to su
bscribe to our flagship weekly print edition, which is mailed every Friday or, if you want to view it in its entirety online, you can subscribe to the E-edition, which is a replica of the print edition.
 
  Our daily edition includes: a selection of material from recent issues of our print edition, news stories updated daily from renowned news sources, access to archives from The Wanderer from the past 10 years, available at a minimum charge (this will be expanded as time goes on). Also: regularly updated features where we go back in time and highlight various columns and news items covered in The Wanderer over the past 150 years. And: a comments section in which your remarks are encouraged, both good and bad, including suggestions.
 
  We encourage you to become a daily visitor to our site. If you appreciate our site, tell your friends. As Catholics we must band together to rediscover our faith and share it with the world if we are to effectively counter a society whose moral culture seems to have no boundaries and a government whose rapidly extending reach threatens to extinguish the rights of people of faith to practice their religion (witness the HHS mandate). Now more than ever, vehicles like The Wanderer are needed for clarification and guidance on the issues of the day.

Catholic, conservative, orthodox, and loyal to the Magisterium have been this journal’s hallmarks for five generations. God willing, our message will continue well into this century and beyond.

Joseph Matt
President, The Wanderer Printing Co.

Untitled 1

Interview With Cardinal Burke . . . Discriminating Mercy: Defending Christ And His Church With True Love

Cburke3

  By DON FIER (Editor’s Note: His Eminence Raymond Leo Cardinal Burke, Patron of the Sovereign Military Order of Malta and Founder of the Shrine of Our Lady of Guadalupe in La Crosse, Wis., graciously took time out of his busy schedule to grant The Wanderer a wide-ranging interview during a recent visit to the Shrine. Included among the topics…Continue Reading

Developing Lives Of Peace After The Heart Of Mary

By RAYMOND LEO CARDINAL BURKE (Editor’s Note: His Eminence Raymond Leo Cardinal Burke delivered the address below at the 32nd Annual Church Teaches Forum, “The Message of Fatima: Peace for the World,” Galt House, Louisville, Ky., July 22, 2017. The address is reprinted here with the kind permission of Cardinal Burke. All rights reserved. This is part one of the…Continue Reading

Catechism

Today . . .

British pro-lifers say abortion clinic ‘buffer zones’ harm women and children

London, England, Jul 12, 2018 / 12:49 pm (CNA/EWTN News).- After a decision from the United Kingdom’s High Court, two women are attempting to overturn a ban on prayer and public discussion of abortion near a British abortion clinic. On July 2, the High Court of England and Wales upheld a “buffer zone” imposed by Ealing Council, west London, around a Marie Stopes abortion clinic. The zone prevents any pro-life gathering or speech, inc

Calligraphers face jail time for not promoting same-sex ‘weddings’

PHOENIX, Arizona, July 13, 2018 (LifeSiteNews) — Two Arizona calligraphy artists faced with fines and jail time for declining to take part in promoting gay “weddings” are asking the state’s Supreme Court to hear their challenge to the city of Phoenix’s law that compels them create artwork that violates their religious beliefs. Joanna Duka and Breanna Koski, owners of Brush & Nib Studio, face up to six months in jail, $2,500 in fines, and three

Bishop Paprocki disagrees with US bishops’ support for unions that fund abortion, LGBT

SPRINGFIELD, Illinois, July 11, 2018, (LifeSiteNews) – Hailed by free speech and religious liberty advocates alike, the United States Supreme Court recently ruled that public sector employees can no longer be required to pay mandatory fees to support unions which promote causes and political activities – including abortion – to which they are opposed. The ruling has also exposed a significant rift among the nation’s Catholic bishops. Despite public sector unions’ unabashe

Trump nominates Brett Kavanaugh to Supreme Court

WASHINGTON, D.C., July 9, 2018 (LifeSiteNews) – Brett Kavanaugh is Donald Trump’s choice to succeed the pro-abortion, pro-gay Justice Anthony Kennedy on the U.S. Supreme Court, the president announced Monday night. Trump praised Kavanaugh’s committment to “equal justice under the law” and called him a “brilliant jurist with a clear and effective writing style.” He is “universally regarded as…one of the finest legal minds of our time.” Kavanaugh formerly clerked for Kennedy. “Justice Kennedy devoted his career to…Continue Reading

Prof fired by Catholic university for defending marriage has huge court win

MILWAUKEE, Wisconsin, July 6, 2018 (LifeSiteNews) – The professor forced out by a Jesuit-run Catholic university for blogging about an undergrad student being assailed by his teacher for his having voiced defense of marriage has won in court. In a landmark decision Friday the Wisconsin Supreme Court said Marquette University violated John McAdams’ right to free speech when it suspended him for writing the blog post, and it ordered the University to restore McAdams immediately with his full rank,…Continue Reading

Advertisement(2)

Neither Left Nor Right, But Catholic … Old And New Tyrannies Borne Of Lust

By STEPHEN M. KRASON (Editor’s Note: Stephen M. Krason’s “Neither Left nor Right, but Catholic” column appears monthly [sometimes bimonthly]. He is professor of political science and legal studies and associate director of the Veritas Center for Ethics in Public Life at Franciscan University of Steubenville. He is also co-founder and president of the Society…Continue Reading

A Book Review… What Man Does Not Reverence, He Will Profane

By MITCHELL KALPAKGIAN Society and Sanity, by Frank Sheed (Ignatius Press: San Francisco, 2013), 261 pp. $17.95. Available from www.ignatius.com or at 1-800-651-1531. This new edition of Sheed’s 1953 classic work of apologetics brings to mind the famous myth of Procrustes’ bed. The wicked king captures his victims then tortures them if their legs do…Continue Reading

How Vice Can Absorb Virtue

By DONALD DeMARCO Just as the Devil is at war with God, so too, vices are at war with virtue. The Devil wants people to believe that God does not exist. He also wants people to believe that neither does virtue exist. He would like to demolish virtue. One way of achieving this is to…Continue Reading

Henan, China… New Limits Imposed On The Religious Freedom Of Catholics

BEIJING (AsiaNews) — The Chinese government is approving increasingly restrictive measures against Catholics in the central province of Henan. As Eglises d’Asie reports, five new rules have been imposed which include the requirement of religious working in the province to collect data and information on their faithful. A priest from the Diocese of Zhengzhou reports…Continue Reading

A Book Review… Solzhenitsyn Remembered

By JUDE DOUGHERTY Congdon, Lee. Solzhenitsyn: The Historical-Spiritual Destinies of Russia and the West. DeKalb, Ill.: NIV Press, 2017; 163 pp. This book is descriptive of the prophetic voice of Aleksandr Solzhenitsyn (1918-2008), who was convinced that the West has set out on a road similar to that which “led Russia into the abyss.” Solzhenitsyn…Continue Reading

Advertisement

Our Catholic Faith (Section B of print edition)

Sheep Without A Shepherd

By FR. ROBERT ALTIER Sixteenth Sunday In Ordinary Time (YR B) Readings: Jer. 23:1-6 Eph. 2:13-18 Mark 6:30-34 In the first reading today, God speaks a word of woe through the Prophet Jeremiah to the shepherds who mislead the Lord’s flock entrusted to their care. God says that these shepherds scattered the flock and drove them away and did not…Continue Reading

A Leaven In The World . . . In Death The Church Gives Everything

By FR. KEVIN M. CUSICK Funerals, as many priests have learned, can often be pastorally challenging and problematic episodes. Grieving family members who are not dealing with death on a regular basis by practicing their faith are suddenly confronted with its reality upon the passing of a parent or other family member. Parents who have to bury a child sometimes…Continue Reading

Martin Luther… The Man And The Myth

By RAYMOND DE SOUZA, KM Part 2 (Editor’s Note: As this October marks the 500th anniversary of Martin Luther’s nailing his 95 theses to the door of the Castle Church in Wittenberg, Raymond de Souza is taking a break from his usual apologetics to correct the popular image of Luther.) + + + In the last article, I quoted from…Continue Reading

The Anatomy Of A Moral Act

By DON FIER Last week, as we considered the role that human freedom plays in the economy of salvation, it was immediately acknowledged that “man’s freedom is limited and fallible” (Catechism of the Catholic Church [CCC], n. 1739). Free will, so wondrously bestowed upon man as an essential element of his great dignity of being created “in the image and…Continue Reading

Catholic Replies

Q. What can one say to a teenage daughter or granddaughter who wears skimpy bathing suits? I know that is the “style” these days, but it seems wrong for many reasons. — M.M., Virginia. A. When our five daughters were teens, my wife and I ruled out the wearing of skimpy bathing suits, as well as skin-tight jeans or shorts…Continue Reading

Catholic Heroes… St. Veronica Giuliani

By CAROLE BRESLIN In July, the month of the Precious Blood, the Catholic Church remembers saints by the name of Veronica. On July 12, the memorial of Veronica (meaning “true image”), the saint from the first century who presented her veil to wipe the face of Jesus, is celebrated. Three days before that, on July 9, St. Veronica Giuliani is…Continue Reading

Catholic Heroes… Blessed Pier Giorgio Frassati

By CAROLE BRESLIN Our Lord had a special love for the poor when He walked this earth. At one time He rebuked one of the apostles, saying, “The poor you will always have with you” (Matt. 26:11). Rather than avoiding the destitute or shun the homeless, Christians are called to love them as we love ourselves. At the beginning of…Continue Reading