"A Catholic Supreme Court" by Gary North
"A Catholic Supreme Court" by Gary North
President Bush has nominated Samuel Alito to fill a
vacancy on the U.S. Supreme Court. Republican conservatives,
including Christian Right conservatives, are delighted. He
is both anti-abortion and socially conservative.
What is not widely recognized is that on a 9-person
court, Catholics will soon hold the majority, 5 to 4. This
5 to 4 margin is the most important number in American
politics. This is the margin by which laws are judged --
and sometimes, as in the pro-abortion case of Roe v. Wade
(1973), legislated.
The Catholics are Antonin Scalia, Anthony Kennedy,
Clarence Thomas, and John Roberts. Alito will be the
fifth, if he is approved by the U.S. Senate, which seems
likely, despite the predictable objections of Catholic
Senator Ted Kennedy. This will constitute the 5-vote
conservative majority on the Court. "Taking the Fifth"
will soon have a new Constitutional meaning.
There is not a peep of protect by Protestants. The
new arrangement is not even perceived by them. Yet a
generation ago, Protestants worried about Senator Kennedy's
brother. Would he take orders from the Vatican? Given
both the theology and the politics of the Kennedy brothers,
this was about as likely as David Rockefeller taking orders
from Jerry Falwell.
In a recent collection of essays edited by Ronald J.
Sider and Diane Knippers, "Toward an Evangelical Public
Policy" (Baker, 2005), the reader is given a history of
evangelical politics. Front and center -- way, way center
-- has been the National Association of Evangelicals,
founded in 1942. The head of the NAE, Richard Cizik,
provides a chapter on its history.
One of the main goals of the NAE was to defend the
separation of church and state from the Roman Catholics (p.
39). The NAE opposed the United States government's
recognition of the Vatican as a lawful nation. From 1943
to 1953, there were resolutions to this effect at its
annual conventions. Cizik notes, "There were no further
protests after President Reagan, in 1983, established full
diplomatic relations with the Vatican" (p. 41).
Ironically, by the 1970s, the phrase "separation
of church and state" would become a secular
slogan and come to mean, "Keep (all) the churches
in their place" and that "place" was thought to
be the sanctuary, the cloister, and the sacristy.
By the end of the twentieth century, many
evangelicals would work together with Catholics
to oppose secularism (p. 41).
If I were to describe this change, I would liken it to
a pair of soldiers in a foxhole in Korea in 1951: a
Catholic and a Protestant. Coming across the horizon are
the Chinese Communists. The soldiers' mutual response is,
"Praise the Lord and pass the ammunition." Their mutual
concern is whether the other guy can shoot straight, not
confess straight (orthodoxy).
If the two had been a Jew and a Protestant, this would
have been a common grace effort. But because the two are
united by the Nicene Creed, at least in theory (Americans
tend be "creedally challenged"), their joint effort seems
to be a special grace effort. Or is it?
On this issue, a political transformation has taken
place in the United States.
WHO SUPPLIES THE AMMO?
"The New Republic" is a mainstream political magazine
founded during the Progressive era, prior to World War I.
It has long been associated with the political left, but in
recent years can be regarded as neoconservative. It was
from the beginning part of the American Establishment, as
Carroll Quigley discusses in "Tragedy and Hope" (Macmillan,
1966), in his famous 20-page section on the American
Establishment (pp. 950-70).
In the November 3 issue, Franklin Foer writes about
the reason for the Catholic dominance of the Court. He
says it is the result of a political alliance between
evangelical Protestants and Catholic traditionalists.
The reason why the Bushes have appointed Catholic
judges to the Supreme Court is because these appointments
get no opposition from their power base, the Christian
Right. The reason why the Christian Right goes along is
because the evangelicals lack a consistent legal theory.
They also lack the law school-certified brainpower. The
author begins with this observation:
In 1994, the eminent evangelical historian Mark
Noll wrote a scorching polemic about his own
religion called The Scandal of the Evangelical
Mind. The book lamented the "intellectual
disaster of fundamentalism" and its toll on
evangelical political and theological thought.
All around him, Noll saw "a weakness for treating
the verses of the Bible as pieces in a jigsaw
puzzle that needed only to be sorted and then fit
together to possess a finished picture of divine
truth."
While many evangelicals reacted angrily to Noll's
description, they tacitly acknowledged his
argument with their actions. Evangelicals began
aggressively reaching out to Catholics for
intellectual aid.
When Rushdoony and I first began working out the
implications of what is known as Christian Reconstruction,
we recognized this problem. Hays Craig, who was
Rushdoony's publisher at the time, and later mine and
Bahnsen's, published in 1966 a book titled "Res Publica."
It was written by a Catholic defender of Aquinas' natural
law theory. Craig issued this under his newly created
company, Craig Press. But Craig Press was really a profit-
seeking offshoot of Craig's Presbyterian & Reformed
Publishing Company, a fact that later drew the censure of
the Internal Revenue Service.
Cornelius Van Til was adamant that natural law theory
is an unstable fusion of Aristotelian thought and
Christianity. Craig also published Van Til's books. So,
from the beginning of Christian Reconstruction, there was
this peculiar alliance going on. We did not initiate it,
but our publisher did. He did not see this as a big
problem. Pat Robertson doesn't see it as a big problem,
either.
But the emergence of the Court's Catholic bloc
reflects the reality of social conservatism:
Evangelicals supply the political energy,
Catholics the intellectual heft.
It is a question of political ammunition. The
Catholics have been in charge of Republican ordinance for
well over a generation.
For much of U.S. history, this alliance would
have been unthinkable. Protestants once fought
hard to teach the King James Bible in public
schools, insisting that every schoolchild consume
its subtle description of the Pope as "that man
of sin." But shared animus toward abortion
provided the initial grounds for rapprochement.
And, at about the same time Noll's book appeared,
Catholic-evangelical cooperation began
transcending any single issue. In 1994, the
influential Catholic journal First Things
published a manifesto called "Evangelicals &
Catholics Together." Its signatories--including
Richard John Neuhaus, Pat Robertson, and Bill
Bright, founder of the Campus Crusade for
Christ--vowed, "[W]e will do all in our power to
resist proposals for euthanasia, eugenics, and
population control that ... betray the moral
truths of our constitutional order."
Why did this happen? Because Protestant activists
recognized the age-old political truth: you can't beat
something with nothing.
As an exercise in political coalition-building,
this alliance made perfect sense. But
evangelicals didn't just need Catholic bodies;
they needed Catholic minds to supply them with
rhetoric that relied more heavily on morality
than biblical quotation. You could see the
partnership in countless examples. After James
Dobson's Focus on the Family funded a Colorado
initiative permitting discrimination against
gays, Catholic law professors Robert George and
John Finnis testified for the measure in court.
Evangelical politicians began borrowing John Paul
II's "culture of life" critique of abortion-- a
phrase that they also deployed during the Terri
Schiavo controversy. Indeed, Catholic
conservatism provided much of the case for
keeping Schiavo alive, from Tom DeLay's
invocation of natural law to the oft-cited
warnings about a slippery slope to eugenics.
We can date the origin of this alliance: the fall,
1980 rally in Dallas of the National Affairs Briefing
Conference. There, Ed McAteer's Religious Roundtable
brought together Beltway activists from the New Right, such
as Paul Weyrich, and the newly emerging New Christian Right
activists. I even got onto the podium through the
intervention of Howard Phillips, who soon converted
publicly to Christ and whose sons are leading lights of the
Christian Right. At that meeting was Catholic political
activist Phyllis Schlafly and hundreds of her supporters.
She was mobilizing women two decades before Beverly LaHaye
created Concerned Women for America.
Then there is Marvin Olasky, a converted Jew and ex-
Marxist. He now edits "World," a magazine that got its
initial capital from the profits of the Christian weekly
newspaper for Christian elementary school students: "God's
World." They got that idea from David Chilton, who was
working for me at the time. He suggested in the September,
1980 issue of "The Biblical Educator" that the Christian
world needed an equivalent of the old public elementary
school newspaper, "My Weekly Reader." That issue appeared
in the same month as the National Affairs Briefing
Conference. (It is on-line at
www.freebooks.com.)
Marvin visited me in Tyler, Texas in early 1980 and
asked me if I thought he should take a job offer to teach
journalism at the University of Texas or an offer to
distribute millions of dollars by a neoconservative
foundation. I advised him to take the teaching job. He
did just that. He later coined the phrase, "compassionate
conservatism."
Marvin Olasky, the original face of the Bush
program, once credited Catholicism with
"providing] a structural framework." And, in the
end, the campaign was an object lesson in the new
alliance. By defending his positions on abortion
with phrases drawn from Catholics--"expand the
circle of freedom" and "protect the weakest
member of society"--Bush simultaneously reassured
the hard right and avoided the impression of a
Bible-thumping radical.
That's not to say that scandal of the evangelical
mind inevitably leads Republican presidents to
appoint Catholics. But sociological and political
factors have combined with the intellectual to
ensure that Catholic lawyers continually dominate
the pool of Republican candidates for the bench.
Why is this? Because Catholics began going to law
schools before evangelicals did. They have a tremendous
head start.
For starters, there are so many of them. During
the early twentieth century, law provided
Catholics with an important vehicle for traveling
into the middle class. While Catholics couldn't
enter top law schools, they could attend places
like Fordham and Villanova. "There was a vast
culture of Catholic DAs, lawyers, and judges,"
says John McGreevy, the author of Catholicism and
American Freedom. Even when discrimination
against Catholics faded, the law's prestige among
white Catholics persisted. After the cultural
tumult of the 1960s, and with the rise of the
abortion issue, many of these Catholic lawyers
wended their way into the arms of conservatism.
(Evangelicals have only recently begun to attend
elite schools in great numbers and have just
begun reinvesting in institutions capable of
producing top-shelf intellectuals.)
http://www.tnr.com/docprint.mhtml?i=20051114&s=trb111405
Foer titled his article "Brain Trust." This phrase
goes back to the bright humanist and lawyers and activists
who were brought in as advisors to Franklin Roosevelt in
the early years of the New deal.
CONCLUSION
You can't beat something with nothing. But there is
another related aspect. You can't beat something by
relying on ammo supplied by your philosophical adversaries.
This was Van Til's point throughout his career. It is a
radical point. It undermines the syncretism of
Christianity from the early apologists until today. Like
oil and water, Jerusalem and Athens don't mix.
Because Protestants have indulged in natural law
theory -- the attempted fusion of Jerusalem and Athens --
they have had common intellectual cause with Catholics.
When Van Til challenged this alliance by challenging
natural law theory, he offered Protestants a way to get
into the ammo production business -- big caliber stuff.
His challenge was taken up by Rushdoony in "The Institutes
of Biblical Law." But this judicial ammo is not
appreciated -- surely not by natural law advocates, and not
even by Van Til's official institutional heirs. (See my
1990 book, "Westminster's Confession: The Abandonment of
Van Til's Legacy."
http://snipurl.com/confession)
If conservative Protestant political activists want to
remain hewers of wood and drawers of water for Catholic
judges, they need do nothing different. More of the same
will do quite nicely.
I do not expect a change anytime soon.