“There are few authentic prophetic voices among us, guiding truth-seekers along the right path. Among them is Fr. Gordon MacRae, a mighty voice in the prison tradition of John the Baptist, Maximilian Kolbe, Alfred Delp, SJ, and Dietrich Bonhoeffer.”
— Deacon David Jones
One Nation under God: The Future of the U.S. Supreme Court
‘One Nation under God’ was added to the Pledge of Allegiance by joint resolution of Congress in 1954. Today some forces want it gone, and God gone with it.
‘One Nation under God’ was added to the Pledge of Allegiance by joint resolution of Congress in 1954. Today some forces want it gone, and God gone with it.
August 7, 2024 by Fr Gordon MacRae
Editor’s Note: We are revisiting a post originally published before the U.S. presidential election of 2020 and its many unresolved issues.
The title of this post should be recognizable to just about every resident of the United States over the age of fifty, citizen or not. It comes, of course, from the Pledge of Allegiance, an oath with a storied history. The idea for such an oath began with an editor of The Youth’s Companion, a magazine published in the United States from 1827 to 1912. The first official use of the Pledge was in a ceremony honoring Christopher Columbus on October 12, 1892 by a proclamation of President Benjamin Harrison, a Republican.
In 1954, by a joint resolution of both Houses of Congress and signed into law by President Dwight D. Eisenhower, the words, “one nation under God” were added to the Pledge to wide popular acclaim. Now, 66 years later, some members of Congress refuse to include those words in any recitation of the pledge. Some decline to recite the Pledge at all. Rioting mobs are tearing down any statue that even looks like it might represent Christopher Columbus. The name of God is the prey of activist judges.
Thus comes the beginning of the end of “one nation under God,” and perhaps even of the nation itself. In the midst of all this chaos, U.S. Supreme Court Justice Ruth Bader Ginsburg died in September 2020 leaving the administration of President Donald Trump with a third nomination to the nation’s highest court and a reshaping of the Court unprecedented in modern times. This mirrors the real priority of the election of 2016, a fact that I wrote about then in “Wikileaks Found Catholics in the Basket of Deplorables.” It opens eyes now just as it did then.
There is a lot at stake in this upcoming election [and especially in the current administration that has vowed to radically reshape the Supreme Court along ideological lines through term limits and stacking the Court with additional justices.] If you find it a challenge to read such a political position from a Catholic priest, well, “For Zion’s sake I cannot keep silent. For Jerusalem’s sake, I will not rest” (Isaiah 62:1). At the heart of all this there are urgent considerations for human rights, religious freedom, and Catholic moral teaching.
At least consider the unfiltered voices of your fellow Americans that have not been strained through the sieve of the mainstream news media’s surrender to the deep political left. In 2020, the fourth year of the current President’s first term in office, the highly respected Gallup Poll conducted a broad scientific survey of the level of trust Americans invest in the institutions of government and civil society. This survey came in the midst of a global pandemic and the high anxiety of a highly contentious election year. The results are very different from what you are hearing from CNN or MSNBC.
Churches and organized religion ranked near the top in overall public trust with 42-percent reporting a “great deal” or “quite a lot” of trust. Only 28-percent reported having “very little.” The U.S. Military came out at the very top with 72-percent of Americans who report having “very high” trust and only 8-percent having “very little.” Despite all the bad news, the nation’s police also fared better than expected. 48-percent of Americans reported having “very high” trust while 33-percent reported “very little.”
Political institutions were the most interesting. In 2020, four years into President Trump’s first, and so far only term, 42-percent of Americans reported having a “very high” trust level for his office while 32-percent reported having “very little.” A look at the same Gallup Poll in the fourth year of Barack Obama’s first term revealed lower numbers with 32-percent having “high” trust and 35-percent “very little.” You won’t hear this on CNN.
Nancy Pelosi’s Congress Tipping Further Left
In the image above, Speaker of the House Nancy Pelosi is seen dramatically tearing up the President’s 2020 State of the Union address. The lower House of Congress had capitulated to the progressive left and handed over unprecedented control to the newer members who self-identified as socialists. Their unofficial voice has been Rep. Alexandria Ocasio Cortez who announced in a news conference in 2020 that “We are confident that President Joe Biden can be guided further left.” [The decision not to run for reelection in 2024 made his turn left a moot point. With the current Vice President now running in place of Joe Biden for a second term, the threatened push to turn further left is no longer necessary because she is already much further left than the president Americans elected in 2020.]
Of interest, the 2020 Gallup Poll Trust Survey responded to this. Only 13-percent of Americans reported having “high” or “very high” trust in Congress while 48-percent reported having “very little.” American’s trust level in the Congress of 2020 controlled by Democrats was even lower than trust in the mainstream news media which was at its historical all-time lowest point. Newspapers earned the high trust of only 24-percent of Americans while “very little” trust came in at 35-percent. Television news fared even worse. Only 19-percent reported having “high” trust while 43-percent reported “very little” or none at all. You won’t hear this on CNN either.
The 2020 sharp leftward tilt of Congress toward socialism is of grave concern if it drags the Supreme Court along with it. President Trump’s 2020 conservative nominee had been met with threats by Congress to retaliate if Democrats remain in control and gain the Senate and the White House as well. The most vocal threat is that they will “pack the Court” by increasing its number and filling the additional seats with liberal judges. [That is no longer an idle threat. The present Democratic nominee for president has already identified it as an urgent goal.]
This would be disastrous for America. The first Supreme Court was seated with five justices in 1789. In 1837, Congress increased the number to nine. That number was arrived at to make political stalemates very unlikely. The nine-justice Court has been a fixture in Washington for nearly two centuries. One of the most vocal criticisms of the Court in recent years has been the presence of “activist judges” in the lower courts who “legislate from the bench.”
The Supreme Court’s most important responsibility is to decide cases that raise questions of Constitutional interpretation. This is called “Judicial Review” and it places the Supreme Court in a pivotal role in the American political system. It is the ultimate authority for applying the Constitution in the most important issues facing the country. It is disastrous if activist judges find their way onto the Supreme Court. Examples of “Legislating from the Bench” came in two cases before the modern Court.
In 1973, the Supreme Court did not find a right to abortion in the Constitution, and so it invented one and placed it there, usurping the role of Congress and the votes of the American people. This happened again in 2015 in “Obergefell v Hodges,” the same-sex marriage ruling. In the (5-4) split decision, Justice Antonin Scalia wrote a blistering dissent accusing the liberal judges of placing a constitutional right to marriage in the Constitution when it simply is not there.
Sheldon Whitehouse and the Judiciary Committee
Shortly after [then-]President Trump announced his decision to put forward a nominee for the Supreme Court seat vacated by the death of Justice Ruth Bader Ginsburg, some in Congress and the Senate went into high gear to denounce it. The players knew very well what the real issue of precedent was. When President Barack Obama nominated Judge Merrick Garland to fill a vacancy in his last months as President in 2016, a vacancy left by the death of conservative Justice Antonin Scalia, the Republican controlled Senate declined to consider it. The Republicans were in the right (no pun intended) on the matter of precedent.
The controlling authority in 2016 was the precedent that, since 1888, the Senate does not confirm a nominee in an election year with a divided government. In 2016, the White House was occupied by a Democrat while the majority in the Senate was Republican. The Senate Democrats know, but hoped you did not know, that it was Joe Biden himself who popularized this exception. As Chair of the Senate Judiciary Committee in 1992, Senator Biden urged President George H.W. Bush to refrain from making a Supreme Court nomination during that election year because the “divided government” meant there was an “absence of a nationwide consensus.” Without such a consensus on constitutional philosophy, Senator Biden insisted, “action on a Supreme Court nomination must be put off until after the election is over.”
A divided government was the case again in 2016 so the “Biden Rule” applied. It was not the case in 2020. Ruth Bader Ginsburg herself argued that in the final months of a president’s term in office, “the president is still the president,” and he has a constitutional mandate to fill a Supreme Court vacancy. Speaker Nancy Pelosi, however, had the most suspect response:
“Though we [n Congress] strongly believe this is a matter of the gravest importance for our nation, for life, liberty, and the pursuit of our agenda, it would be wrong to fill this with just a few months left of this presidency.”
Even overlooking the fact that “life, liberty, and the pursuit of our agenda” is not exactly what the Bill of Rights had in mind, Mrs. Pelosi seems to have concluded that the election is already over and your voices have already been heard. In “Ginsburg Succession Battle Shows Hypocrisy Is an Enduring Norm,” Wall Street Journal Editor-at-Large Gerard Baker was as put off as I was:
“The reason millions of voters swallowed their doubts about Donald Trump in 2016 was that they believed their voices had too often been ignored… It has been clear all summer that there is an emerging progressive consensus [in Congress] that considers the nation’s institutions, traditional values, and even its history to be fundamentally illegitimate.”
— The Wall Street Journal, Sep. 22, 2020
But no one left me more uneasy about the road ahead in 2020 than Senator Whitehouse (D-RI) who sits on the Senate Judiciary Committee. Fox News Anchor Bill Hemmer asked him a pointed question (Sep. 22) about the obliteration of Justice Brett Kavanaugh’s due process rights in the his confirmation hearing. Senator Sheldon Whitehouse responded that Kavanaugh had “a credible accusation” against him that overshadowed those hearings in what I could only conclude to be a sham trial. In welcoming the newly seated Justice Kavanaugh to the Court, Justice Ruth Bader Ginsburg referred to that process as “a highly partisan show.”
Justice Brett Kavanaugh was guilty of no more than being accused. I, for one, can relate to such an albatross around my neck. The uncorroborated and unsubstantiated allegations were exploited by Senator Whitehouse and others on his committee in a vicious partisan display that voters have not forgotten.
What made these claims “credible” in the eyes of Senator Whitehouse? Sheldon Whitehouse spent his high school years at St. Paul’s School, an elite prep school in Concord, New Hampshire with historic ties to the Episcopal church. Its alumni list looks like a who’s who of Washington politics. The school has been the subject of multiple grand jury investigations for alleged sexual assaults by both students and faculty dating back several decades. I wrote about the fallout from this in “Grand Jury, St Paul’s School and the Diocese of Manchester.” If Sheldon Whitehouse were to be accused today, should that fact alone make the claims “credible?” Justice Brett Kavanaugh might be among the first to defend his due process rights.
So what sort of witch hunt were we in for when [then-]President Trump put forth the name of Judge Amy Coney Barrett for nomination in 2020? The fact that she is Catholic had already become an unconstitutional religion test applied by members of the Judiciary Committee in 2020. In 2018, a non profit progressive organization called “Demand Justice” spent $5 million building opposition to Justice Kavanaugh’s appointment to the Court. How much of this money paid for false accusations? The Wall Street Journal reports that when asked if the group donated to Senator Whitehouse, he responded, “hope so!” In “Questions for Senator Whitehouse,” (Review & Outlook, Sep. 22, 2020) the Journal concluded:
“Mr Whitehouse is trying to stifle the donations and speech of his political opponents. The least he can do is set an example by disclosing his own dark money network and its plans to undermine judicial independence.”
Epilogue
Jumping back to 2024, President Joe Biden and presidential candidate Kamala Harris have both announced a plan to form an exploratory committee to reform the Court through term limits, additional seats on the Court, and the same threats that would re-make the Supreme Court into just another political action committee. Joe Biden, the proponent of term limits for the Court spent 48 years in Congress. For those who care about the state of Justice in America, I believe this effort must be halted.
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Editor’s Note: Please share this post. You may also like these related posts:
The Eucharistic Adoration Chapel established by Saint Maximilian Kolbe was inaugurated at the outbreak of World War II. It was restored as a Chapel of Adoration in September, 2018, the commemoration of the date that the war began. It is now part of the World Center of Prayer for Peace. The live internet feed of the Adoration Chapel at Niepokalanow — sponsored by EWTN — was established just a few weeks before we discovered it and began to include in at Beyond These Stone Walls. Click “Watch on YouTube” in the lower left corner to see how many people around the world are present there with you. The number appears below the symbol for EWTN.
Click or tap here to proceed to the Adoration Chapel.
The following is a translation from the Polish in the image above: “Eighth Star in the Crown of Mary Queen of Peace” “Chapel of Perpetual Adoration of the Blessed Sacrament at Niepokalanow. World Center of Prayer for Peace.” “On September 1, 2018, the World Center of Prayer for Peace in Niepokalanow was opened. It would be difficult to find a more expressive reference to the need for constant prayer for peace than the anniversary of the outbreak of World War II.”
For the Catholic theology behind this image, visit my post, “The Ark of the Covenant and the Mother of God.”
Cardinal Theodore McCarrick and the Homosexual Matrix
A claim that the former Archbishop of Washington, DC sexually assaulted a New York 16-year-old in 1971 is weighed against a broader spectrum of homosexual behaviors.
A claim that the former Archbishop of Washington, DC sexually assaulted a New York 16-year-old in 1971 is weighed against a broader spectrum of homosexual behaviors.
Now that President Donald Trump has nominated Brett Kavanaugh, a respected Constitutional scholar and devout Catholic to the U.S. Supreme Court, we can expect some anti-Catholic rhetoric in months to come. In a recent Wall Street Journal op-ed about one of the other finalists (“Inside Amy Coney Barrett’s Cult,” WSJ, July 7, 2018), I wrote this comment for the WSJ Online edition:
“The greatest tragedy to befall the Catholic Church in America was to accommodate itself too much to the culture in which it lives. Its leaders became comfortable in America, then amassed power, and then tried to hide the corruption that always accompanies the need to retain power. But the humbling of Catholic leaders has run its course, and now, from the bottom of pop culture popularity, it is time to come back swinging.
Imagine the outcries if Islamic or Jewish nominees to the Supreme Court were publicly discredited by Senator Dianne Feinstein for actually living and believing the faith they profess. It is time for Catholic leaders to reconnect with their spines. This disdain for authentic Catholicism in America was brought to the fore when “Wikileaks Found Catholics in the Basket of Deplorables.”
It was premature of me to write, “But the humbling of Catholic leaders has run its course….” Immediately after I wrote it, news surfaced that Cardinal Theodore McCarrick, former Archbishop of Washington, DC, was accused in what is described as a “credible and substantiated” claim of sexual abuse of a 16-year-old male.
My first thought was, “How can I possibly write about this?” How can I not write about it? This story has been the elephant in the sacristy for weeks. Cardinal Theodore McCarrick, age 88, has been accused of groping a 16-year-old boy in the sacristy of St. Patrick’s Cathedral in New York City when he was a priest in that archdiocese in 1971, long before he became a bishop.
But before anyone recoils in horror, the story needs a dose of perspective. I tried to bring some of that perspective in a comment on “McCarrick Accused,” a news story by Joan Frawley Desmond, a Senior Editor for the National Catholic Register.
The Register article raised many questions about who knew what and when in ‘the Cardinal McCarrick story, including whether his alleged homosexual predation was known to Pope John Paul II before McCarrick was appointed Archbishop of Washington and elevated to Cardinal. Here is my comment on that article:
The Mirror of Justice Cracked
One of the many stinging rebukes of both Cardinal McCarrick and the American church coming out of this story was by Anthony Esolan in “Vesting in Lavender,” a blog post for The Catholic Thing. Professor Esolan wrote:
Apologies to Anthony Esolan whom I much respect, but all I could think of when reading this was President Bill Clinton’s famous obfuscation, “I did not have sexual relations with that woman!” (referring to Monica Lewinski), and his later, more measured response, “It depends on what you mean by sex.”
We, too, must choose our words carefully. A man accused of a crime — like the sexual abuse of a 16-year-old — must be judged on the evidence of the crime and not on his reputation. This is why our legal system has so-called “rape shield laws.” A woman who is a victim of assault is protected from having her sexual history placed on trial. The same must be true of a defendant.
Cardinal McCarrick will not be a defendant in this story. There will be no trial of facts because American criminal law does not allow for one 47 years after such an offense was alleged to have happened. But there will be a canonical procedure because “prescription,” canon law’s version of a statute of limitations, was dispensed with after the U.S. Bishops’ “Dallas Charter.”
It’s ironic that Cardinal McCarrick was one of the Dallas Charter’s main proponents pushing it through. “Zero tolerance” and the due process rights that the Charter has so severely eroded for a multitude of accused priests will now also apply to Cardinal McCarrick. We learned a lot about the flaws in that process in Father Stuart MacDonald’s recent very popular post, “Last Rights: Canon Law in a Mirror of Justice Cracked.”
Nonetheless, Cardinal McCarrick should still be due the rights that have been denied to others. One canon lawyer who read my comment in the Register sent me a message thanking me for it adding, “Your point number four should be shouted from the rooftops again and again.” Let me reiterate point number four:
I do not think that we should be so quick to accept that this is “credible and substantiated” as claimed. The 197l claim surfaced for the first time only after the Archdiocese of New York announced the existence of a fund to compensate victims of sexual abuse related to the ministry of the Archdiocese. There was a time when possible financial motives for bringing such claims were examined in a critical light.
The person who brought this claim — after waiting 47 years — is not 16 years old. He is 63. Additionally, the claim is unlike every other claim of homosexual misconduct now alleged against Cardinal McCarrick. This claim alleges force and a story that the unnamed victim had to “fight off” an alleged second assault in the sacristy of one of the busiest cathedrals on the planet.
It is also important to understand what the bishops and their Dallas Charter now mean by “credible.” It is not nearly the same “reasonable doubt” standard that should (but isn’t always) be present in a criminal trial. “Credible” simply means that it cannot immediately be disproven. If the young man lived in NYC at age 16 and did attend a specific Catholic school, then the claims could have happened. “Credible” means no more than that.
“Substantiated” is a very different standard. It requires (or at least should require) an admission of the accused. Cardinal McCarrick vehemently denies this claim. Or it should require the statement of a corroborating witness. If there is one, why would it take 47 years for that person to come forward? And why would the integrity of this snippet of memory be accepted at face value? This is why statutes of limitations exist in legal systems. They exist to promote justice, not defy it.
None of the above means that Cardinal McCarrick is not culpable for the much broader history now being claimed of him in light of this incident from nearly a half-century ago. My issue with this is that the claims are presented as though they have only now surfaced. These claims are not newly discovered.. There is nothing new here. For decades, McCarrick had been rumored to be involved in grooming seminarians and others, casting suspicion on his own sexuality. I will return to this in a moment.
The Homosexual Matrix
In a coming post, I plan to write about some recent statements of Pope Francis and his supposedly “progressive” views. For now, I want to point out something that he recently said that was about as counter-progressive as a pope could get. The news media played this down to the point of ignoring it, but Pope Francis has said something revolutionary about homosexuality and the priesthood.
He told the Italian bishops in May that they should not accept seminary candidates who exhibit same-sex attraction because “it could end in scandal.” It amazes me that the news media would hype Amoris laetitia and its suggestion of a dialog on reception of the Eucharist for those in an invalid marriage while keeping a media blackout about his statements on same-sex marriage and barring homosexual candidates from priesthood.
Prior to my current state in life, I served as Director of Admissions for a residential center that provided spiritual rehabilitation and psychological care for priests, brothers, and seminarians. The facility and its sponsoring religious order, the Servants of the Paraclete, were a profound source of good in the lives of many wounded priests.
I hope it no longer comes as a shock that there are indeed Catholic priests who have experienced same-sex attraction. Along with other conditions with the potential to compromise ministry and fidelity to priesthood, many of them had come to face this openly, and for the first time in their lives, under the care of the Servants of the Paraclete.
No one in that setting promoted homosexuality. No one condoned it. There was no “wink and nod” or looking the other way. Fidelity to the Church’s teaching was upheld and embraced while also embracing the human realities and limits we all face and cope with. Our shared inability to live an ideal is never an excuse for disposing of the ideal.
I think most Catholics are beyond feeling scandalized by the mere existence of same-sex attraction in the life of a priest. I remember being told by one priest that he could not bear the shock of others in his life learning of this. I told him that the real shock may be his revelation to them that he thought they did not already know.
For many of these men, this aspect of themselves existed only in the internal forum, wrestled with by their consciences but not involving what anyone could call a “lifestyle.” Many of these priests sought out spiritual and psychological support to address this because of their fidelity, not in spite of it.
What we tried to convey, and helped them to apply, was their responsibility for discerning and maintaining the boundaries — physical, psychological, and spiritual — between having such an attraction and acting upon it. It was my position, and a well-received one, that heterosexual priests had to discern and maintain those very same boundaries. Celibacy and other requirements of priesthood are not dispensable options.
Some priests and seminarians struggle with same-sex attraction, and those who are spiritually strengthened by their own struggle can be fine priests who live celibate lives with accountability and transparency. But I have also encountered another condition among many — but certainly not all — homosexual seminarians and priests. I found the prevalence of narcissistic personality disorder among them to be inordinately high. Perhaps it is inordinately high in the wider “gay community” as well.
I believe it is this disorder, and not simply same-sex attraction, that is the real impediment to Holy Orders. It is this that must be detected and treated as an impediment for seminary candidates. Narcissistic personality disorder is one of the most difficult personality disorders to treat and modify. One of its symptoms is the objectification of others for one’s own gratification.
Narcissistic personality disorder is manifested in a tendency to be grandiose and exhibit inflated self-importance. It is manifested in a lack of genuine empathy, seeks to be exploitive, tends toward a sense of entitlement, and takes advantage of others who are objectified and groomed with no account of what might be in their best interest.
When coupled with same-sex attraction, narcissistic personality disorder creates what I call a “homosexual matrix.” In science, a matrix is “a situation or surrounding substance within which something else originates, develops, or is contained.” There are priests with same-sex attraction who struggle for and attain fidelity and equilibrium in their lives as men and as priests.
There are others, however, for whom an identity as “gay” is the core of their being. It is their matrix, and all other aspects of their lives — including priesthood — must accommodate it and become subjugated in service to it. It becomes the centerpiece of one’s identity and renders a man incapable of living the charisms of priesthood.
I do not pretend to psychoanalyze Cardinal McCarrick — and it would be a grave injustice to do so — but I remember being a seminarian in the late 1970s when he was an auxiliary bishop of New York, and in 1981 when he became Bishop of Metuchin, New Jersey. I remember the stories about him told by young men who did not present themselves as victims, but as predators in their own right. They did not present as McCarrick’s conquests, but often rather the other way around.
Some of Bishop McCarrick’s seminarians and their friends openly boasted of what they concluded was his attraction to them. They spoke of how they fostered it, were invited to his beach house, even slept in the same bed at times, but there were no stories of overt sexual predation or force until the lure of money was at the other end of the story.
I did not travel within the seminary circles that reveled in the trading of such accounts. As a seminarian, I was in a smaller circle of men who were repulsed by them. But my instinct was clear. These young men objectified themselves, measuring their own self-worth by the quality and quantity of attention from someone like Bishop McCarrick. Some went on to ordination in a state of narcissism and objectification of others.
In his “Scandal Time” series of essays in First Things in 2002, the late Father Richard John Neuhaus described the seminary climate of the time. None of this is newly discovered news:
Cardinal McCarrick was surrounded by priests and bishops who knew the path he was on, treated it with “a wink and a nod” typical of the 1970s, and did little to foster accountability. For reasons of their own, they promote an image today that these matters are coming to light for the first time. They are not.
But this is another time, and now Theodore McCarrick is stripped of his Red Hat. Hindsight is not always the best sight. Fifty years after the brave Pope Paul VI signed Humanae vitae, we should bravely face the legacy of the sexual revolution and how it has stripped many of honor, fidelity, and dignity. Hindsight does expose one glaring truth: It was, in fact, revolting.
There is more to be said of all this, but I must repeat point number five in my National Catholic Register comment above:
Editor’s Note: Please share this important post. You may also like these related posts from Fr. Gordon MacRae at These Stone Walls:
Catholic Scandal & the Third Reich: Rise & Fall of a Moral Panic
Cardinal George Pell Is on Trial and So Is Australia