o I go to Fox News—for where else does one go?—and I find Judge Napolitano raving on about the pope again. He has raved before. He has been doing this at least since Rush Limbaugh first cried “Havoc!” and let slip the dogs of war. In his latest column, he tells us that the pope is a “false prophet” and has disappointed many Roman Catholics.” (That’s the title.) So here we go again: It’s Pope Francis Derangement Syndrome. It never ends.
Mr. Napolitano starts by noting his self-identity as a “traditionalist Roman Catholic.” Within the breast of such an one is “fear and trembling over what [the pope] might say.” For reasons of their own, traditionalists always quaver in a state of near-panic.
I Dreamt the Impossible
From the article: “The papacy is an office created personally by Our Lord. Its occupants are direct descendants of St. Peter.”
Direct descendants. Well, okay, I suppose the word can be used that way. But it’s more clear to say the pope is a successor to St. Peter, not a “descendant.” Right? I wouldn’t say President Obama is a “descendant” of George Washington. Would you?
“Its role and authorities,” Mr. Napolitano proceeds,
have evolved over the centuries, but the core of its responsibilities has always been the preservation of traditional teachings about faith and morals and safeguarding the sacraments.
Yes. As far as it goes. But this is a point on which it is important to be more precise—not because Mr. Napolitano says too much but because he says too little. And what he leaves out is important in the discussion that follows.
Vatican I, in Pastor Aeternus, spoke about the role of the pope. (I quote from Vatican I here in deference to the most sensitive feelings of the traditionalist judge.) Note how it begins:
The Eternal Pastor and Bishop of our souls [i.e., Christ], in order to continue for all time the life-giving work of His redemption, determined to build up the Holy Church, in which, as the House of the living God, all who believe might be united in the bond of one faith and one charity.
Christ founded the Church for the care and redemption of souls. He said to Peter, “Feed my sheep” (John 21:15–17). Now, that does indeed mean that the pope will be a teacher of right doctrine; the sheep must be fed with truth. But the pope is a pastor as much as a teacher. The “core” of the pope’s duty is to guard doctrine, yes, but it is also to teach and to care for souls. Mr. Napolitano is not wrong—not here—but he is incomplete.
Pastor Aeternus goes on to speak about the pope’s unique role among bishops.
- The pope has “primacy of jurisdiction over the universal Church of God.”
This is a primacy that is given “to Simon alone.” The council goes as far as to say that those who deny this are “perverse” and “anathema.” (Note that, in Church usage, “anathema” means “excommunicated.”)
- Peter’s primacy has perpetuity.
It is for all time. It must “remain unceasingly in the Church” and “will stand firm to the end of the world.” Nor can the pope teach error. It is not quite right to say that the pope has a duty not to teach error; the Holy Spirit protects the pope from doing so. It is not possible in the first place.
“The disposition of truth remains” in “whoever succeeds Peter in this chair.”
- The pope is “the true vicar of Christ, and the Head of the whole Church, and the Father and Teacher of all Christians.”
He has authority “to pasture, to rule, and to govern the Universal Church.” This goes far beyond merely saying that the pope must safeguard the sacraments and the deposit of faith. Indeed he must. But according to the Council he is also the Church’s supreme legislator. His authority is universal.
In its dogmatic definition on this point, Vatican I is at pains to express just how absolute the pope’s authority is:
Hence we teach and declare that, by the appointment of our Lord, the Roman Church possesses a superiority of ordinary power over all other Churches, and that this power of jurisdiction of the Roman Pontiff, which is truly episcopal, is immediate; to which all, of whatever rite and dignity, both pastors and faithful, both individually and collectively, are bound, by their duty of hierarchical subordination and true obedience, to submit, not only in matters which belong to faith and morals, but also in those that appertain to the discipline and government of the Church throughout the world, so that the Church of Christ may be one flock under one Supreme Pastor through the preservation of unity both of communion and of profession of the same faith with the Roman Pontiff. This is the teaching of Catholic truth, from which no one can deviate without loss of faith and of salvation.
Imagine that! Whoever denies the universal authority of the pope will lose his faith and salvation. Vatican I did not mince words. (That’s Vatican I, Mr. Napolitano.) From the judgments of the pope there is no appeal, for there is no authority higher than the pope. (That’s Vatican I, Mr. Napolitano.)
- In his teaching authority, on questions of faith and morals, the pope is infallible.
He is protected from error by the Holy Spirit. “The first condition of salvation is to keep the rule of the true faith,” and the true faith is to be found in Peter.
The pope’s ability to protect the deposit of faith is “inviolable,” by the help of the Holy Spirit. It is not just that the pope may not teach error; he can not teach error. And again, Vatican I declares that any who say otherwise are “anthema”—excommunicated.
I Thought it Was You
Now, I went into all that for a reason—which will become plain as we go through Mr. Napolitano’s screed at Fox News. Let us return to what he has to say:
While the papacy is a monarchy, the teaching authority in the Church is ‘the bishops under the pope.’ This means that a pope intent on change ought to consult with his fellow bishops.
Let’s stop here. Like so much else in what Mr. Napolitano has said, there is a sort of truth in this, but it requires some clarification and specificity.
The phrase “bishops under the pope” to describe the teaching authority of the Church derives, as near as I can tell, from Fr. John Hardon’s Question and Answer Catholic Catechism. As Mr. Napolitano presents it, it seems to suggest that the Church’s teaching authority is in the bishops, and not at all in the pope. That may not have been what he meant to say, but the ambiguity is there.
Moreover, to describe the teaching authority of the Church, Mr. Napolitano’s use of Fr. Hardon is incomplete. Here is what Fr. Hardon actually says:
424. Who, then, has the gift of infallibility in teaching?
The pope and the community of bishops under the pope possess the gift of infallibility in teaching.
So it’s not just “the bishops under the pope,” but the pope too.
The Church’s official documents do not use the word “under” but “in communion with.” That may seem like a trivial distinction. But what it means is that, in order to be infallible, the bishops must teach consistently with the pope’s teaching.
When the Catechism tells us this, it starts with the authority of the pope:
891. The Roman Pontiff, head of the college of bishops, enjoys this infallibility in virtue of his office, when, as supreme pastor and teacher of all the faithful—who confirms his brethren in the faith he proclaims by a definitive act a doctrine pertaining to faith or morals.
The teaching authority of the pope is “by virtue of his office.” Only once it first says that does the Catechism move on to the authority of the bishops:
The infallibility promised to the Church is also present in the body of bishops when, together with Peter’s successor, they exercise the supreme Magisterium.
So this authority is contingent on their being “together with” the pope. The pope’s authority is not contingent on his being “together with” bishops. It is inherent in his office itself.
Lumen Gentium 22 expands upon that with an important qualification:
But the college or body of bishops has no authority unless it is understood together with the Roman Pontiff, the successor of Peter as its head. The pope’s power of primacy over all, both pastors and faithful, remains whole and intact. In virtue of his office, that is as Vicar of Christ and pastor of the whole Church, the Roman Pontiff has full, supreme and universal power over the Church. And he is always free to exercise this power. The order of bishops, which succeeds to the college of apostles and gives this apostolic body continued existence, is also the subject of supreme and full power over the universal Church, provided we understand this body together with its head the Roman Pontiff and never without this head.
Vatican II does not water down one thing Vatican I said on this point.
But Mr. Napolitano’s real claim in all of this is in his last sentence. “A pope intent on change,” he says, “ought to consult with his fellow bishops.” Since the context here is Church teaching, what “change” is he talking about? Tell us, sir. Church teaching does not change, and no pope can change it. You told us as much when you said that the pope must protect the deposit of faith. Did you not? And do you now mean to tell us that a pope may change Church teaching, so long as he has the consent of bishops? Where did you acquire any such notion? Tell us, sir. Certainly you got it from no Church document I know of. But if you have one you are hiding from us, I would respectfully ask you tell us what it is. We are tuned in to Fox News, sir.
The Future Not So Bright
Now Mr. Napolitano switches gears to a plaint about Vatican II. The Council, he says, “trivialized the Mass and blurred the distinctions between the clergy and the laity.” But at least John XXIII and Paul VI “consulted their fellow bishops.”
Of course they did. This was a teaching council, not a change to church law or procedure. But it is important to note (cf. Lumen Gentium 22) that no council has any authority unless it is confirmed by the pope. The pope can veto the bishops, but the bishops may never veto the pope. A pope consults with bishops in order to understand the mind of the Church, not because they somehow confer validity on what the pope says or does.
And when Mr. Napolitano says that Vatican II “trivialized the Mass” and “blurred the distinctions between the clergy and the laity,” I can only guess that he’s referring to the introduction of the Novus Ordo as well as the New Evangelization. But he does not tell us how he thinks the Mass was trivialized, or distinctions between clergy and laity blurred, so one can not refute the claim. He leaves it hanging in air. I can only say it is important to distinguish between what Vatican II did and the abuse of Vatican II. That’s a constant battle. But without more detail from Mr. Napolitano, I don’t know what to tell him.
He goes on:
The consultations [at Vatican II] were fractious and belligerent, but both popes got what they wanted: a watering down of liturgical practices and an easing of rules safeguarding the sacraments.
Now, how does the traditionalist rogue know that that is what John XXIII and Paul VI “wanted”? That’s quite an accusation to make. Slanders, sir. Would Mr. Napolitano care to back it up for us? And what “liturgical practices” were “watered down” by the Council? What “rules safeguarding the sacraments” were eased by the Council? He does not say.
But he goes on:
The result was a disaster. Fewer Catholics went to Mass, confusion about former theological norms reigned, and a general tenor pervaded the faithful that the Church never really meant what it preached. Former Catholics continued to stay away, new Catholics barely showed up, and many traditional faithful became demoralized.
That is all no doubt true. But if we are to reason our way through all this, it would be good if Mr. Napolitano were to tell us what specific document of Vatican II led to all that. This, he does not do. (But we are tuned in to Fox News, sir.) So the post hoc ergo propter hoc fallacy begins to rear its head. How does Mr. Napolitano know that Vatican II is to blame, rather than a secular trend in modern society and those who used Vatican II as an excuse? Again, he does not tell us. (But we are tuned in to Fox News, sir.)
Pope St. John Paul II and Pope Benedict XVI, he says, “attempted to roll this back.” Yes, they did. But they did not do so by dispensing with the Council, nor by amending it. They emphasized what the pope emeritus has called the “hermeneutic of continuity.” (And let me point out here that Francis affirmed this himself.)
Vatican II is not to be read as a break with the pre-conciliar Church; that’s a misreading of the Council. The last two popes spent their years in the Chair of Peter being very clear about that. Mr. Napolitano’s peculiar brand of Vatican II Derangement Syndrome does not permit him to admit this.
Caught Up in a Web of Lies
At this point—and you knew this had to come, dear reader—Mr. Napolitano begins his assault on Pope Francis. The pope, he tells us, “wants to use moral relativism to take the Church in two dangerous directions.”
Before I explain what these two directions are, I would like to ask Mr. Napolitano where he thinks the pope has expressed moral relativism. I can only think it would be in his interview with Eugenio Scalfari which made alarmed headlines.
Now, I have already refuted the idea that the pope was expressing moral relativism there. (It was my most-read post. But I digress.) It later turned out that Mr. Scalfari fabricated the quotation at the root of it all. (Do you not read these things, Mr. Napolitano?)
Anyway, I digress. The two directions into which Nr. Napolitano thinks the pope will lead the Church are “an assault on the family” and “an assault on the free market.” I am used to hearing the last of those, but the first makes me ball up on the floor in a laughing fit. An assault on the family? Two days after Mr. Napolitano wrote those words, we learned how good a prophet he was when the pope spoke at the World Meeting of—what was it?—Families. Here is his “assault on the family,” dear reader:
[T]he most beautiful thing that God did … was the family. … All of the love that God has in himself, he gives it to the family. And the family is really the family when it is able to open its arms and receive all that love. …
[W]here did [God] send his son? To a palace? To a city? No. He sent him to a family. …
Do you know what he loves most? To knock on the door of families, and find families who love each other, who bring up their children to grow. …
Families have a citizenship which is divine. The identity card that they have is given to them by God. So that within the heart of the family, truth, goodness, and beauty can truly grow. …
Forgive me, but I have to say, the family is like a factory of hope. It’s a factory of resurrection.
The family is a “factory of resurrection”! Does that sound to you like an “assault on the family”? If Mr. Napolitano is an honest man, he will take those words back. (We are tuned in to Fox News, sir.)
But what he had in mind as an example of the pope’s “assault on the family” is the pope’s easing of the requirement for an annulment. Mr. Napolitano seems particularly perturbed that the pope made this change “without consulting his fellow bishops.” (As though the pope needed to.) It’s called a motu proprio, sir. Perhaps you’ve heard of it. The words mean “on his own impulse.” The pope issues them strictly on his own universal authority as legislator of the whole Church. Remember Vatican I? Remember Pastor Aeternus? It’s not a change in Church teaching, but in law and procedure. I don’t recall any traditionalist complaining that Pope Benedict XVI failed to consult bishops when he issued Summorum Pontificum. Did you, Mr. Napolitano?
And how does Mr. Napolitano know that Pope Francis didn’t consult bishops in the first place? Does Marc Ouellet send him e‑mails from the Congregation of Bishops to apprise him of their meetings with the pope? I’d like to know. I’m sure you would too, dear reader.
Now, for the record, the changes the pope made to the annulment process were these.
- It eliminates the requirement that, when a grant of nullity is declared, a second tribunal review and affirm the decision.
- It declares that appeals are no longer to be sent to Rome but to the Archdiocesan tribunal.
- It permits a fast-track process, allowing review by the bishop when both parties are agreed and the case for an annulment is particularly clear.
How this constitutes an “assault on the family,” Mr. Napolitano does not say. In what follows in his article, he seems more worried that it is an assault on justice:
Fair annulment trials are costly and time consuming, often taking years from the initial filing to the final appeal. Until now. Last week, Pope Francis arbitrarily ordered the entire process to be completed in 45 days or fewer. For contested matters, a fair trial in 45 days is impossible. So, to meet his deadline, more annulments will be granted administratively, not on the merits.
Well, that last part is no more than fear and speculation, but Mr. Naplitano errs on one important point.
The 45-day requirement is only for the fast-track process as mentioned above. These are cases in which the grounds for nullity are particularly clear from the outset. And there would not be “contested matters” here since both parties must be agreed to annul the marriage. So Mr. Napolitano seems to be relying on rumor, or on misreporting or misunderstanding in the media, not on what the actual document says. (The Latin text is here, for a traditionalist and legal scholar like Mr. Napolitano will be able to read Latin. For those of us who are not as bright as he, here is an English summary.)
And it is important to note, also, that Mitis Iudex does not change the Church’s teaching on marriage. Dr. Edward N. Peters, a canon lawyer who actually read and understands the document (and who is also skeptical about some parts of it) is clear on this point:
Mitis does not change one jot or tittle of Church teaching on marriage. It recites the unchangeable nature of Church teaching on marriage and the importance of having an ecclesiastical procedure to investigate the character of marriages entered into by the faithful.
Dr. Peters does not like the fast-track process because he understands, as Mr. Napolitano does, that an annulment is a legal process designed to answer a legal question. In fairness, there is a point to be made there. But Mr. Napolitano’s criticism on this point is not based on an accurate understanding of what is in Mitis Iudex, and he utterly and maliciously misrepresents the pope’s intention in issuing the motu proprio.
Next, Mr. Napolitano turns to the pope’s recent changes for the Year of Mercy, permitting priests to remove an excommunication without waiting for the bishop. He generally gets the facts right on that, but watch how he begins: “The Church has taught for 400 years that abortion is murder.”
Come again? No, the Church has taught that for two thousand years, stretching all the way back to the Didache (2:2), the teachings of the twelve apostles. “Thou shalt not murder a child by abortion.” That was written in the first century, Mr. Napolitano, not the seventeenth. (I tweeted this to the poor man. I never got a response, or a correction. So it goes.)
He goes on: “He said he did this because he was moved by the anguished cry of mothers contemplating the murder of their babies.”
That’s a particularly crude way of putting what the pope said:
The tragedy of abortion is experienced by some with a superficial awareness, as if not realizing the extreme harm that such an act entails. Many others, on the other hand, although experiencing this moment as a defeat, believe they they have no other option. I think in particular of all the women who have resorted to abortion. I am well aware of the pressure that has led them to this decision. I know that it is an existential and moral ordeal. I have met so many women who bear in their heart the scar of this agonizing and painful decision. What has happened is profoundly unjust; yet only understanding the truth of it can enable one not to lose hope. The forgiveness of God cannot be denied to one who has repented.
The pope does have compassion—not with those “contemplating murder,” but with those who feel trapped and, more importantly where this discussion is concerned, who have repented. They’ve repented, Mr. Napolitano. The pope’s words are very much like Pope St. John Paul II’s in Evangelium Vitae 99. (One must always keeping telling these folks with PFDS that Pope Francis is not at all new in what he says.)
I would now like to say a special word to women who have had an abortion. The Church is aware of the many factors which may have influenced your decision, and she does not doubt that in many cases it was a painful and even shattering decision. The wound in your heart may not yet have healed. Certainly what happened was and remains terribly wrong. But do not give in to discouragement and do not lose hope.
Pope Francis’s compassion is the same as St. John Paul II’s.
Woke Up to Reality
But now Mr. Napolitano gets truly amusing: “I doubt [Pope Francis] will defend these decisions before Congress.
Defend them before Congress? What, is Congress the pope’s judge? The pope owes an explanation to the U.S. Congress? What form of Americanism is this? But instead of treating his address to Congress in light of a subpoena to a grand jury, as the pope should, he will, says Mr. Napolitano,
- “assault the free market”;
- “tell Congress that the world is an inherently unhealthy place because of human work.”
Once more, we find out how good a prophet Mr. Napolitano is when we read the pope’s speech and find that the pope told Congress
- to pursue the common good;
- to enact just legislation;
- to help the poor and elderly;
- to honor the memory of great Americans;
- to combat violence done in the name of religion;
- to seek peace and justice;
- to promote religious voices;
- to not be a slave to the economy;
- to encourage the dreams of the people;
- to protect all life;
- to seek the rehabilitation of criminals;
- to fight poverty and hunger;
- to use natural resources, technology, and enterprise to promote prosperity.
Wait, what was that last one again?
- to use natural resources, technology, and enterprise to promote prosperity.
Imagine that, Mr. Napolitano! In fact, the pope said much more, quoting from Laudato Si, that feverish lefty green encyclical:
Business is a noble vocation, directed to producing wealth and improving the world. It can be a fruitful source of prosperity for the area in which it operates, especially if it sees the creation of jobs as an essential part of its service to the common good.
Holy St. Andrew, the pope’s pro-business! The pope’s in favor of human beings working!
But let us hear what else the pope encouraged Congress to do.
- to fight environmental deterioration;
- to end armed conflict;
- to protect family and marriage.
“Assault on the family,” did you say, Mr. Napolitano?
- to defend liberty and justice and let the oppressed go free.
The pope does not tell Congress how to achieve any of these things. He is content on leaving that to them. How curious I don’t find an assault on the free market! How curious I don’t find an assault on human work!
Mr. Napolitano next goes on to charge that the pope fails to see that capitalism helps the poor. Now, this is a claim that I have spent many words refuting, and I will not do so again here. (I am not tired, but I am hoarse.) I will just direct Mr. Napolitano to this, this, this, this, this, this, and this for a fuller understanding of what the pope was talking about in Evangelii Gaudium and Laudato Si.
It is enough to say here that the gist of it is that the pope does not attack the free market itself but a market which depends upon consumer greed and is unchecked by the moral law.
It is enough to say that the pope’s critique of unchecked markets is no different than the critique of every other pope before him who addressed that subject, at least as far back as Leo XIII in Rerum Novarum.
And it is enough to say that if the pope praises business as a “noble vocation” because it “increases wealth,” he is hardly a threat to capitalism as such.
That Mr. Napolitano is embarrasingly ignorant about these matters is clear when he suggests that the pope “take note of the recent and beautiful $200 million facelift” to St. Patrick’s Cathedral.
“It was paid in full,” he says, “by rich Catholic capitalists who employed hardworking artisans and laborers to do the work.”
Really it was? You think the pope does not know this? And what built and paid for all those beautiful Gothic cathedrals in the Middle Ages? Was it capitalism? No, Mr. Napolitano, it was not. Capitalism did not exist then. It did not build the Church of Trent.
Now he brings his article to a close:
The pope has seriously disappointed those who believe the Roman Catholic Church preserves and teaches the Truth. The Truth is Christ risen and unity with Him. It is not a debate about the minimum wage or air conditioning.
Well, you know, St. James tells us that God condemns the rich who fail to pay their workers a just wage (James 5:4), so I would hardly think the minimum wage is unimportant to “the truth in Christ” and “unity with Him.” Whatever you did to the least of these you did to me, and if you fail to pay a just wage to the least of these you are also withholding it from Christ. That wrecks your unity with him.
These are not mere secular concerns, Mr. Napolitano, that the pope should stay out of, as though there were some area of life, called the “secular” or the “political,” that you can wall off from the moral law and say, “Stay out of that, Church.” The idea that there is some such safe haven is a Modernist heresy. You’re a traditionalist, Mr. Napolitano, as you yourself tell us. You don’t know what the Modernist heresies are? Pope Francis refuses to accept a Modernist heresy and you think that makes him a “false prophet”? Tell us more.
Discover more from To Give a Defense
Subscribe to get the latest posts sent to your email.