Evening star., 1949-11-16
Two Views on the Pope's
Statement Concerning Judges

VINCENT ENS1ELO
Two Views on the Pope's
Statement Concerning Judges
To the Editor Of The Star:
The well-deserved reputation of The Star
for intelligence and fairness in it's editorial
policy was further enhanced by your issue of
November 8. In its editorial concerning
Pope Plus pronouncement upon the duty 6f
Catholic judges you asked for suspension Of
judgment until the matter was clarified.
Some others, unfortunately. in rushing to
attack the Pope's position, have taken an
extreme position untenable for God-minded
American citizens Their position is ex-
pressed thus: "Our judges obtain their
authority solely from the Constitution and
the law Of the land. They are sworn to
uphold the laws that the representatives Of
the people have enacted" This position
makes the State the absolute source of all
rights. 1t assumes no higher law exists than
that Of the civil authority. 1t implicitly de-
nies that all lawful authority comes from
God and that state is limited by Gods
law It rules out completely the possibility
that, even in democracy, an unjust law
may be enacted. 1t demands Of every citizen
blind obedience for any law, once it is en-
acted by Representatives of the people,"
With such a position no God-minded man,
regardless of his creed may agree.
Following such a position to its logical
conclusion. any group which can muster
legislative majority may enact any law it
wishes If the majority is sufficiently large
the Constitution is no obstacle, for it may
be amended or abolished. Why not, if all
authority flows solely from the state? Then
there is left no basic human right which
state may not tamper with. Man has lost
his dignity as human being and is reduced
to a mere creature of the state. If repre-
sentatives Of the people" after years of in
sidiouS propaganda, decree members of
certain race must be put to death. all must
obey. The judge must pronounce the death
penalty on the innocent; families must de-
liver their loved ones to physicians who have
been legislated into executioners. No one
may refuse to obey on the grounds this Is
murder under the law of God. All authority
comes "solely" from the law of the land.
Philosophically such system Is called
Positivism. Politically, 1t has passed under
the names OF Fascism, Nazism Communism.
Plus XII states that under no circumstance
can a judge acknowledge and approve an
unjust law, which would not in any case be
valid before God" 1t was q late dictator
who said there is nothing above the state.
beyond the state, outside the state" On
this particular point Pope Plus expresses our
American philosophy Of government better
than did the late Mussolini. for it was in
refusal to submit to unjust laws that Ameri-
can'democracy had its birth.
- ROBERT MARTIN.
To the Editor of The Star
In The Star of November IL, the Very
Rev. Francis ]. Connell pressed upon us a
Qualification of the Pope's recent state
ment on the duties of Catholic Judges. We
read in The Stars account: If he (the
Catholic judge) can do so, he should avoid
taking divorce cases." And bit later: 1T
is difficult to see how any fair-minded per-
son can regard the statement of the Pope
as imposing on Catholic judges restrictions
that will prevent them from giving the full
measure Of service and loyalty to the laws
of our country"
To assist us in a general evaluation. let
us turn to Paul Blanchard's American Free
dom and Catholic Power" where we read:
page 14D Recently staff associate of the
Planned Parenthood Federation of America
asked the Archdiocese of New York whether
it indorsed the published statement Of
Father Francis j. Connell of the Catholic
University of America that the prohibition
to practice contraception is not regarded by
the Catholic Church as one of its laws bind
ing only Catholics. The Church proclaims
this prohibition as a law of God, which binds
all human beings, whether they be mem
UcTS VI LIlc NdLlUllC SIluICu 11OL Lie
Right Rev. Msgr Robert E. Mccormick, Off,
CALLS replying for the Archdiocese on Octo-
ber %. 1947. not only said fatty that the
statement of Father Connell is absolutely
true but also declared that the entire
priesthood agrees with Father Connell in his
statement
page 15D %. i. Father Francis j. Con-
nell 3. gave the doctrine American ap-
plication by saying, after he had declared
that no Catholic judge could ever approve
euthenasia: Similarly, in those States which
now prescribe or permit eugenic sterilization
for certain types of detectives and criminals.
no circumstances can justify judge in CIV
ing decision that the law should be put
in operation
1T would be interesting to bring a test
case in some American court to determine
whether Catholic judge. sworn to enforce
the law of his State without reservation.
could obey this ecclesiastical edict and still
observe his judicial oath. If. in order to
obey the Church, Catholic judge violates
his judicial oath after getting papal dis
pensation for the violation. he is considered
blameless by Catholic theologians He is
obeying higher law and the Pope is en-
powered under Canon 1920 to dispense with
any OATH"
page 1922 "The Supreme Court of the
United States approved sterilization of the
unfit in an historic opinion written by Justice