Thursday 30th October 2014

Home » Frontpage » Currently Reading:

The Nuns And The President

January 17, 2014 Frontpage No Comments

By ANDREW P. NAPOLITANO

When the Framers were putting together the Constitution in Philadelphia in the summer of 1787, they knew the states would not adopt it without written guarantees that the new central government would respect natural rights. The supporters of the Constitution promised political leaders in the states that the written guarantees would soon be added as amendments, and they were. By late 1791, the Bill of Rights was ratified and added to the new Constitution.
The purpose of the Bill of Rights was to assure all in America that their natural rights — areas of human choices for which a permission slip from the government cannot be required and in which the government cannot coerce compliance with its wishes — would not be impaired by the federal government.
Since the ratification of the 14th Amendment, the natural rights protected in the Bill of Rights generally have been insulated from interference by the states, as well.
All natural rights are of paramount importance to all persons. They are individualized personal gifts from the Creator and have been recognized as such in American law since Thomas Jefferson wrote in the Declaration of Independence that we are endowed with them by Him.
One of those rights guarantees the free exercise of religion. Indeed, the Free Exercise Clause in the First Amendment was written to ensure that the new government could not coerce persons to behave differently than their religious views informed their consciences or punish them for not conforming to a government-mandated religious orthodoxy.
Generally, for almost 230 years, the federal government left us alone to choose freely our religious practices and to worship as we believe. Until now.
Today, the free exercise of religion is under attack by the government. When Congress enacted the Affordable Health Care Act — I prefer to call it Obamacare because it is President Obama’s brainchild, his signature legislation, and because there is nothing affordable about it — members of Congress must have known that the law would impose obligations upon persons that would force them to engage in behavior in violation of their religious beliefs.
Obamacare, which has been upheld by the Supreme Court under a superficial and novel theory that permits the feds to regulate natural rights by taxing us when we do not do as they have commanded, requires all employers of 50 or more persons to obtain health insurance coverage for all of their employees that pays for birth control via contraception, sterilization, and abortion.
The Little Sisters of the Poor are an order of Roman Catholic nuns who have taken vows of poverty, chastity, and obedience. They operate nursing homes for those who cannot afford them and employ more than 50 persons. The sisters have objected to the requirement that they must pay for health insurance coverage that provides for birth control, as those payments directly violate Catholic teachings and beliefs.
In a pluralistic society, one would expect that the government would accommodate the sisters. In a free society in which everyone who works for the government takes an oath to uphold the Constitution, the feds have a legal obligation to accommodate them. In a political society in which many Catholics are Democrats who elected the Congress that gave us Obamacare, one would expect an accommodation.
But we expect in vain, as the federal government has resisted the sisters mightily and asked the courts to turn down their pleas.
What is wrong with Obama that he would employ lawyers to do this? For starters, he does not believe in natural rights. He accepts the perverse view — known as positivism — that our rights come not from God, but from the government.
This is not an academic argument, as, in the president’s world, if the government is the source of freedom, then the government can restrict it. This is, of course, the opposite view from that of Judeo-Christian values, the Framers, the Constitution and American law; thus it violates the oath of office the president took.
But just as troubling as his attitude about the origin of personal freedoms is the president’s attitude about the exercise of personal freedoms. Throughout his presidency, he has taken the position that he, and he alone, possesses the power to dispense with the obligations of federal laws when they are too burdensome and even to ignore them.
He has bombed other countries without congressional approval, spied on all Americans without lawful warrants specifying any of them, enforced environmental regulations that Congress declined to enact, and declined to enforce or delayed the onset of sections of Obamacare that offend his friends. He has done this for political reasons when his colleagues and supporters have asked it of him.
So, what about the nuns? Nuns who own no personal property, nuns who spend their lives ministering to the poor, nuns who will never have the need for contraceptive or sterilization or abortion services, nuns not involved in politics but deeply committed to well-formed consciences? Can he give them a break, too?
In a word: No. His Department of (political) Justice has vigorously resisted the nuns and even mocked them. It has demanded that they assert in writing what their religious beliefs are and that they permit others to pay for the contraceptive, sterilization, and abortion services they do not want, cannot use, and profoundly condemn.
Our post-Obamacare world is dangerous for people informed by conscience and presupposing respect for natural rights. Where are the Catholic Democrats in Congress who voted for this monstrosity? Why are they silent or tacitly with the president? Where are all good people of conscience in this great clash between the nuns faithful to God and the president to politics?
If the government can tax you and me and selfless nuns for fidelity to long-held religious beliefs while exempting others because of their fleeting political beliefs, then the Free Exercise Clause of the First Amendment is meaningless.
And our rights are in the hands of a congressionally enabled tyrant.

+    +    +

(Andrew P. Napolitano, a former judge of the Superior Court of New Jersey, is the senior judicial analyst at Fox News Channel. Judge Napolitano has written seven books on the U.S. Constitution. The most recent is Theodore and Woodrow: How Two American Presidents Destroyed Constitutional Freedom. Creators Syndicate distributes his column. All rights reserved.)

Share Button

Comment on this Article:

Angola: Catholic Priest Refutes Criticism of Church Practices

Lubango — The Southern Huila province?s Lubango city emeritus archbishop, Zacarias Kamwenho, rejected as false the claim that Catholic Christians worship images. Speaking on Sunday in the Muxima Diocese, in Lubango, the archbishop explained that Catholic Christians worship God instead,…Continue Reading

Ave Maria School of Law Wins Its HHS Mandate Case in Federal Court

The Obama Administration has suffered another defeat in its quest to force Catholics and people of faith to pay for abortion-causing drugs, as required by the HHS Mandate. Today the U.S. District Court for the Middle District of Florida came down…Continue Reading

Catholic Educators Appeal to Obama Administration for Relief from HHS Mandate

Today a coalition including The Cardinal Newman Society, leaders of Catholic schools and colleges, and the expert attorneys of the Alliance Defending Freedom told the Obama administration that its latest rule mandating insurance coverage for sterilization and contraception, including abortion-causing…Continue Reading

Toronto schools hosting ‘LGBTQ’ conference for students as young as 11

The Toronto District School Board (TDSB) is hosting three student conferences within the span of eight days for the purpose of LGBTQ activism.  The conferences, which have been organized in collaboration with Jer’s Vision, will take place on October 28,…Continue Reading

The Synod and the Media: Culpable Naïveté or Shrewd Calculation?

Upon becoming director of media relations for the American bishops in late 1969, I quickly made a crucial discovery about my new employers. With just a handful of exceptions, the bishops were painfully naïve about the news business, yet convinced…Continue Reading

Chaldean Catholic patriarch suspends 10 priests, including 1 from El Cajon

SAN DIEGO – The head of the Chaldean Catholic Church has suspended 10 priests, including one from El Cajon. Chaldean Catholic Patriarch Louis Sako issued a decree a month ago, demanding the priests return to Iraq or be suspended. Wednesday…Continue Reading

Retired Pope Says Interreligious Dialogue No Substitute For Mission

VATICAN CITY – Retired Pope Benedict XVI said dialogue with other religions is no substitute for spreading the Gospel to non-Christian cultures, and warned against relativistic ideas of religious truth as “lethal to faith.” He also said the true motivation…Continue Reading

California Forces Churches to Directly Fund Abortions, Churches Refuse to Comply

To the dismay of California’s people of faith, the California Department of Managed Health Care has reclassified abortion as a “basic health service” under the Affordable Care Act and ordered all insurance plans in the state to begin covering surgical…Continue Reading

Relax. God’s Still In Charge.

It’s an enormous challenge to maintain pristine doctrinal purity while at the same time respond to the experiential, personal, and difficult needs of married couples and families. Behind every arcane discussion of gradualism and natural law there are parents and…Continue Reading

Cardinal Burke: The “Relatio Synodi” Is “A Significant Improvement Over The Text Of The ‘Relatio Post Disceptationem'”

In a third short interview with CWR, conducted by e-mail late yesterday, Cardinal Raymond L. Burke, the Prefect of the Supreme Tribunal of the Apostolic Signatura, offers his impression of the Relatio Synodi, comments on reports that the Synod has…Continue Reading

Synod Final Document Reaffirms Church Teaching

The final document of the Extraordinary Synod was released Saturday as the Synod Fathers voted to approve all 62 paragraphs, but with three paragraphs not receiving the normally required two-thirds majority vote. The three paragraphs, which in the past would…Continue Reading

Catholic Synod: Gay Rights Groups ‘Disappointed’

Catholic gay rights groups say they are disappointed after bishops rejected proposals for wider acceptance of gay people, which had the Pope’s backing. The call to “accept and value” homosexuals was in a draft report, but failed to win the…Continue Reading

Untitled 5 Untitled 2

Attention Readers:

  Welcome to our new website. Readers who are familiar with The Wanderer know we have been providing Catholic news and orthodox commentary for over 145 years in our weekly print edition. Now we are introducing the online daily version of our print journal.


  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 subscribe 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 145 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

'From our friends at The Foundry'


Today . . .

Pope Emeritus Benedict XVI Writes Personal Ordinariate Of Our Lady Of Walsingham

ben1

(Vatican Radio) Pope Emeritus Benedict XVI has sent a message to the Personal Ordinariate of Our Lady of Walsingham, which was established for former Anglicans in England in 2011.  The message was on the fifth anniversary of Pope Benedict’s apostolic constitution Anglicanorum Coetibus, which was released on November 4th 2009. The Pope Emeritus was responding to a letter he received…Continue Reading

Pope At Audience: The Church Visible And Spiritual

pope650

(Vatican Radio)  “Often, we hear people say: the Church doesn’t do this …the Church doesn’t do that!’ ‘Tell me who is the Church? – ‘Well the Church is the priests, the bishops, the Pope …’ We are all the Church! All of us all of us Baptized! We are the Church, the Church of Jesus’”. This was the message at…Continue Reading

Pope At Angelus: Love Of God And Neighbour Are Inseparable

(Vatican Radio) Pope Francis prayed the Angelus with pilgrims and tourists gathered in St Peter’s Square beneath the window of the Papal apartments in the Apostolic Palace at the Vatican on Sunday. In remarks ahead of the traditional prayer of Marian devotion, the Holy Father offered some reflections on the Gospel reading of the day, which was taken from Gospel…Continue Reading

Pope At Santa Marta: Called To Be Children Of Light

(Vatican Radio) At morning Mass on Monday Pope Francis said that a conscientious examination of our words will help us understand whether we are Christians of light, Christians of darkness or Christians of grey areas. Reflecting on the First Reading from St. Paul’s Letter to the Ephesians, the Pope said men are recognizable by their words. By inviting Christians to…Continue Reading

Pass-Fail Grading: For The Professors’ Benefit?

By JAMES K. FITZPATRICK S.M. writes to offer some observations about the proposal to introduce a “pass-fail” grading system for freshmen at Princeton University. The possibility of doing that was discussed in the October 9 edition of First Teachers. He sees the idea as a “form of grade inflation that is solely intended to accomplish…Continue Reading

Contemporary Culture Encapsulated In A Single Sentence

By DONALD DeMARCO It is remarkable how much a single sentence can reveal about the temper of a culture, even when its author is trying to be withholding. Jacalyn Duffin, a historian and practicing hematologist, is the author of History of Medicine (University of Toronto Press, 2000). It is a 243-page tome that was produced…Continue Reading

Synod Document Of October 13, 2014

By JOHN F. KIPPLEY (Editor’s Note: John F. Kippley is the author of Sex and the Marriage Covenant: A Basis for Morality and other books and articles. With his wife Sheila, he is a coauthor of Natural Family Planning: The Complete Approach and cofounder of NFP International. This commentary appeared on his blog [johnkippley.com] of…Continue Reading

Elite Judges Think The Highest Judge Never Will End Their Misrule

By DEXTER DUGGAN Today people worry about globe-trotting terrorists, the transmission of the deadly Ebola virus, and the way contagions can cross borders when the government insists borders must be open for everyone’s alleged benefit. Meanwhile, unaccountable U.S. judges continue their contagion of immorality, as if God’s judgment never will come, maybe in little germs,…Continue Reading

Chilling Free Speech

By ANDREW P. NAPOLITANO Earlier this week, the federal government’s National Science Foundation, an entity created to encourage the study of science — encouragement that it achieves by awarding grants to scholars and universities — announced that it had awarded a grant to study what people say about themselves and others in social media. The…Continue Reading

Advertisement

Our Catholic Faith (Section B of print edition)

Temples Of The Holy Spirit

By FR. ROBERT ALTIER Feast Of The Dedication Of St. John Lateran In Rome Readings: Ezek. 47:1-2, 8-9, 12 1 Cor. 3:9c-11, 16-17 John 2:13-22 Today we celebrate the feast of the dedication of a church building that many people have never heard of and also have no idea of its significance. In Rome, there are four major basilicas; the…Continue Reading

Message Of The Extraordinary Synod Of Bishops . . . We Ask You To Walk With Us Toward The Next Synod

(Editor’s Note: Below is the text of the concluding message of the Extraordinary Synod of Bishops on the Family, held October 5-19. This message was released on October 18. (See Fr. Kevin M. Cusick’s column in this issue, p. 2B, and the front page for reporting and commentary on the separate final document of the Extraordinary Synod.) + + +…Continue Reading

A Leaven In The World… Redefining Marriage: Not About The Kids And The Picket Fence

By FR. KEVIN M. CUSICK Following the Extraordinary Synod and the rollback on confusing language about same-sex attraction and the divorced and remarried in the final version of the Relatio Synodi document, the predictable reactions are coming in. Those who continue to hold Church teaching that marriage is only between a man and a woman are labeled as “bigots,” while…Continue Reading

Debunking The Sola Scriptura Myth… True Tradition And False “Tradition”

By RAYMOND DE SOUZA, KM Part 4 A classical objection: What Catholics call the “Apostolic Tradition” is just a human tradition, which Jesus clearly condemned in the Gospel, when He said to the Pharisees, “Why do you also transgress the commandment of God for the sake of your tradition?…So, for the sake of your tradition you have made void the…Continue Reading

Public Revelation Vs. Private Revelation

By DON FIER Our previous installment ended by citing a pair of remarkable verses from the Letter to the Hebrews, verses that concisely summarize God’s divine pedagogy, His master plan of divine Revelation: “In many and various ways God spoke of old to our fathers by the prophets, but in these last days He has spoken to us by a…Continue Reading

Cast A Gauntlet – Sola Scriptura: Part 1

Catholic Heroes . . . St. Wolfgang

By CAROLE BRESLIN October 31 has come to be yet another Christian holy day corrupted by our secular society. All Hallows Eve, Halloween, is now celebrated with emphasis on evil and horror. Corn mazes with frightening objects around the corner, haunted houses to terrify even the bravest of persons, glorification of vampires, and decorations of death and witches — these…Continue Reading

Catholic Heroes . . . St. Anthony Mary Claret

By CAROLE BRESLIN St. Anthony Mary Claret has something in common with at least three other saints. Like St. Peter Claver, he was born in northeastern Spain — over 200 years later. Like St. Pio of Pietrelcina, when he heard Confessions, he frequently could read the souls of the penitents, asking them about a sin that they had not confessed.…Continue Reading

A Powerful Weapon: 15 Quotes on the Holy Rosary

We live in evil times. I hardly need elaborate the multitude of crises that fill the globe. Sadly, many are being swept away by this flood of evil and are succumbing to an overwhelming anxiety and discouragement. But no matter how tempting it is, we must not shrink back. We must pray and fast with a living faith and a firm confidence—and there is no better way to…Continue Reading

12 Ways to Become a Committed Catholic Man

There is a Catholic “man-crisis.” Large numbers of men who were baptized Catholic have left the Church and the majority of those who remain are “Casual Catholic Men”, men who do not know the Catholic faith and don’t practice it. This large-scale failure of Catholic men to commit themselves to Jesus Christ and His Church has contributed to the accelerating…Continue Reading