Elections, Part 4: The least problematic viable candidate

Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6

New comments link for Part 4! (TypePad says they’re working on this!)

SDG here (not Jimmy).

In previous posts, I’ve argued that, on the basis of what Catholic moral teaching understands as fundamental moral principles, the Obama–Biden ticket is far and away the more problematic of the two major-party candidacies, and the McCain–Palin ticket is far and away the less problematic of the two.

I would like to be able to leave the point there. Unfortunately, it has become necessary to make a defense for pro-life Catholics and others who agree with the above assessment — who, whatever objections, misgivings and reservations they may have about McCain–Palin, regard McCain–Palin as less problematic than Obama–Biden, who would prefer a McCain–Palin victory to an Obama–Biden victory — supporting and voting for McCain–Palin.

I don’t mean a defense of the thesis that such voters must vote for McCain–Palin. I mean a defense of the thesis that they may do so.

On first blush, this would seem to be too intuitive and obvious to need defending. Of course you vote for the candidate you hope to see win — what else?

As is often the case with intuitive insights, the reality turns out to be more complicated when you stop and think about it, with some conceptual speed bumps along the way. At the same time, also as is often the case, the intuitive insight is basically on the money. To support and vote for the candidate you hope to see win — or, as I’ve put it in previous posts, for the candidate you regard as the least problematic viable candidate — is always morally licit.

However, as I noted in my first post, some serious and thoughtful Catholics, including my friend Mark Shea and his sometime co-belligerent Zippy Catholic, have suggested or argued that McCain’s support of embryonic stem-cell research makes it objectively wrong for any Catholic to vote for him as well as Obama — even though Obama  supports ESCR as well as abortion, euthanasia and other intrinsically evil policies. (Added: Zippy has taken exception to my original characterization of his views, arguing that "in circumstances like ours there is no proportionate reason to vote for a presidential candidate who supports and promotes a policy of murdering the innocent." Mark seems at times to have proposed a similar view regarding voting for a candidate who supports any intrinsically evil policy.) Thus, on such a view, Catholics who support and vote for either major-party ticket, whatever their sincerity or their culpability may be, are engaged in objectively wrong behavior.

Among other things, it has been argued that voting for a candidate who supports objective evil as the lesser of two evils normalizes that level of evil as "the new normal." It has also been argued that voting for a candidate who supports objective evil involves remote material cooperation in evil, which requires a proportionate reason to be justifiable. But no one vote has any effect at all on the outcome of an election, the argument goes, so there is no proportionate reason.

The only moral alternatives, on this view, would seem to be (a) voting for some third-party candidate, however quixotic or hopeless, or (b) not voting at all. Mark and Zippy have thus become outspoken advocates of voting for a quixotic third-party candidate, strongly resisting any attempt, not only to encourage or pressure other Catholics to vote for McCain, but even to justify a Catholic vote for McCain.

Many Catholics and others who feel strongly about defeating Obama and wish to vote for the one ticket that could conceivably beat him have become unsettled by such claims, and are concerned that they cannot support or vote for McCain–Palin without betraying their faith. A growing number of Catholic voters, many apparently swayed by this scrupulous line of thinking, are joining Mark and Zippy in advocating quixotic candidates such as Chuck Baldwin (who, while he advocates no intrinsically evil policies, seems to be a bit of a kook) and Joe Schriner (a journalist and activist who seems to have some good ideas).

To the extent that quixotic-vote advocates may feel that the most prudent and productive course is to register dissent from all forms of intrinsically immoral policy by voting for a third-party candidate, they are within the bounds of legitimate prudential judgment.

However, to the extent that quixotic-vote advocates have been influenced by concerns over the alleged unjustifiability of voting for any candidate who supports any intrinsically immoral policy, even when the only other viable candidate is far worse, they have been led astray. Such concern is, I submit, unnecessary, unfounded and deeply unfortunate. Catholic moral theology does not
support the scrupulous conclusion that one cannot support or vote for
the candidate one regards as the least problematic viable candidate
unless that candidate is free of all support for intrinsically evil
policies.

To the extent that some quixotic-vote advocates have led others to believe that a vote for any candidate who supports any intrinsically immoral policy is objectively wrong, even when the only other viable candidate is far worse, I’m afraid that, with the best of intentions, they have done those others, and their country, a real disservice. By taking to public fora like blogs to actively influence Catholics in significant numbers to believe that they cannot vote for McCain in good conscience, it is in principle not impossible that quixotic-candidate advocates could help peel away critical support from McCain in battleground states, thereby indirectly contributing to an Obama victory. Morally speaking, this is not the same as actually supporting or voting for Obama, but the outcome for the common good of the country is no better for that.

In this and following posts I hope to contribute some needed clarity to the subject. Can informed and serious Catholics legitimately vote in good conscience for McCain–Palin in an effort to defeat the most pro-abortion major-party candidate in history? In a word: Yes. We. Can!

First, a brief summary of the argument.

  1. The outcome of any election has implications for the common good. In any election that offers more than one possible outcome, different outcomes will have differing implications for the common good, almost always including both positive and negative implications for any outcome. (In American presidential politics, once the primaries are over, the campaign underway and the VP choices announced, the number of possible outcomes is in a basic sense no more than two, and strictly limited to the major-party tickets. Note that we are concerned here with possible outcomes, not theoretical scenarios.) 

  2. Comparing and contrasting the implications for the common good of possible outcomes may be complex and uncertain, but it will often be possible for individual voters to arrive at prudential judgments regarding how positively or negatively they believe any possible outcome is likely to impact the common good, and thus to arrive at a preferential ranking of possible outcomes — or, in other words, a preferential ranking of viable candidates. This doesn’t necessarily mean liking or approving of any of the possible outcomes in any general way, only not regarding possible outcomes as equally desirable or undesirable. (In American presidential politics, this will almost invariably mean regarding one of the two major-party candidates as preferrable to, or less problematic than, the other.)

  3. In any election that offers more than one possible outcome, opinions among the electorate will differ widely, not only regarding the preferability of one candidate or another, but also the reasoning and the criteria for arriving at such judgments, even among those who agree on a particular candidate. (This is emphatically the case with our sharply divided American electorate.) There may in fact be no one policy, priority or factor that unites all who prefer a particular candidate, other than their common preference for their candidate over the major-party rival.

  4. Preferring one possible outcome to any others — regarding one viable candidate as preferable to or less problematic than any other viable candidates — seems to more or less entail hoping (or regarding it as in the interest of the common good) that the preferred possible outcome occurs, that the less problematic viable candidate wins. This in turn seems to more or less entail hoping that potential voters who share our preference for one viable candidate over any other(s) in fact vote for him in greater numbers than potential voters who feel otherwise will vote for his rival (on a state-by-state basis, in enough states to give him an electoral college victory). In other words, we believe that best possible outcome of the election as regards the common good depends on voters like us, voters who share our assessment of the candidates, voting for our preferred viable candidate, by a critical margin.

  5. What we wish to see other voters like ourselves do for the sake of the common good, we bear some responsibility or obligation to do ourselves. If we believe the common good is best served by voters like ourselves voting a certain way, that is how we ought to vote. How much responsibility we have in this regard may vary with circumstances (such as which state we live in), and other courses may sometimes be justifiable, including in some cases voting quixotic, which may also serve the public good in various ways. However, the benefit for the public good of voters voting in numbers for the least problematic viable candidate is never nonexistent (and always proportionate to the cooperation in evil), so the obligation to vote for the candidate we regard as the least problematic viable candidate is never nonexistent. And what we are in any degree obliged to do is always permissible to do.

That’s the short version. My next post will start to explore the argument in depth.

Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6

Roe v. Wade probably hangs in the balance”

So says Barack Obama, in the third and final presidential debate, speaking about the importance of the Supreme Court nominations to be made by the next administration.

"Pro-life pro-Obama"-ites: Are you listening?

Disaffected third-party quixotic voters: Are you listening?

How far back will an Obama administration set us? How long until we get this close again?

Ed Peters on heresy and women’s ordination

QUOTH ED PETERS:

People have this idea that "heresy" (boo! hiss! hate-speech alert!) must consist of some sort of denial of a Catholic truth, as in "Jesus is not divine" or "Mary was not assumed into Heaven" and so on. That’s understandable. Most heretical assertions do consist of denials of Catholic truth.

But the Code of Canon Law describes heresy more broadly: "Heresy is the obstinate denial or obstinate doubt … about some truth which is to be believed by divine and Catholic faith." 1983 CIC 751. Notice? Obstinate doubt about matters requiring assent is also heresy.

Ed is talking, of course, about form Notre Dame president Fr. Theodore Hesburgh’s comments in a Wall Street Journal article in which he said "I have no problem with females … as priests, but I realize that the majority of the leadership in the Church would."

Ed doesn’t conclude that Fr. Hesburgh has committed heresy — perhaps because (he can correct me if I’m wrong) because John Paul II’s authoritative teaching in Ordinatio Sacerdotalis ("I declare that the Church has no authority whatsoever to confer priestly ordination on women and that this judgment is to be definitively held by all the Church’s faithful"), though explicitly proposed "that all doubt may be removed regarding a matter of great importance," falls a hair shy of an infallible definition? (Added: I’m not saying that the teaching hasn’t been infallibly proposed. It has — by the ordinary magisterium. I’m just saying it hasn’t been solemnly defined by the extraordinary magisterium.)

Of course, whatever level of magisterial authority has or hasn’t been brought to bear, the teaching itself is either part of the divine deposit of faith or it isn’t. If it is, then Fr. Hesburgh has declared that he "doesn’t have a problem" with opposing the will of Christ and falsifying the sacraments. It may not meet the canonical definition of heresy, but I for one want to stick a little closer to following Christ and being conformed to his will than just not technically committing heresy.

I’ll be honest. When you read stuff like this, I can’t help wondering how someone who has any faith at all, who actually believes that this stuff is not just made-up but is actually divine in origin — the Church itself, the sacraments, the priesthood — could possibly be so cavalier about it.

Even if you think, or suspect, or are open to the possibility that, contrary to the firm teaching of JP2 and the basically unanimous witness of 2000 years of tradition, the reservation of ordination to men is actually rooted in human culture rather than the will of Christ, can you possibly be so sure of that that you blithely say "I have no problem with…"? Not "I have no problem with people asking the question…" or "I have no problem with the possibility that…" but simply "I have no problem with women priests," full stop?

How about married bishops, or lay celebrants of the Mass, or baptizing in the name of Brahma, Vishnu and Shiva? Would Fr. Hesburgh have a "problem" with those? If so, why? Because they’re foreign to our cultural heritage, or because divine reality impinges in some way on all of this stuff? If I sound scandalized, well, I kind of am. I can deal to an extent with differences of opinion about where the foundation is, but at some point if you keep digging I can’t help wondering whether you think there’s actually a foundation at all.

Mark Shea likes to sidestep the issue of defining torture by suggesting that if we aim at treating prisoners humanely, rather than fixating on where the line is and how far we can go without actually technically torturing them, we won’t accidentally torture them. In a similar vein, if we aim at fidelity to the Church rather than fixating on where the line is and how far we can go without actually technically committing heresy, we won’t accidentally commit heresy.

It’s hard to disagree with Ed’s conclusion:

I think that to dismiss, with evident contempt, any part of Catholic truth is wrong, but for a famous priest to do so in regard to the very point that has metastasized into more formal excommunications than any other modern misdeed is disgraceful.

And sad.

GET THE STORY.

Sacrilege and sanctity in the YouTube generation

SDG here. I’m hard at work on my next election-related post (which promises to be the longest and most complex of the series), but I wanted to take some time out to address the latest public attack on the Eucharist, this time in a series of YouTube videos allegedly depicting desecration of the Eucharist. (See American Papist for more.)

In some ways this controversy plays like a darker retread of the eBay consecrated host auction scandal. In that case, after some initial resistance, eBay ultimately did the right thing and banned the sale of consecrated hosts (along with "similar highly sacred items"). YouTube similarly has a policy prohibiting certain kinds of offensive or shocking material, and apparently responded to Catholic protests by briefly pulling down the offending videos before shortly reinstating them.

It seems likely that some or even the majority of these videos do not in fact involve consecrated hosts. Apparently most of them were posted by a single malicious user who posts new such videos frequently, even daily — which, for the hosts to be consecrated, would more or less seem to require him to frequent daily Mass and get away with pilfering the Eucharist every time. A sharp-eyed AmP comboxer noticed a bag of wafers in one shot, suggesting that the alleged desecrater is actually getting his wafers from a church-supply catalogue and they are not in fact consecrated.

However, we can’t exclude the possibility that that some of these are real desecrations of real hosts. The fact is that eucharistic desecration is a real possibility that cannot be completely prevented. I think there are something like 20,000 Catholic parishes in the US alone, which I guess means millions of Masses each year, and hundreds of millions of consecrated hosts being dispensed. There will probably always be room for malicious individuals to slip in line and walk off with a host.

Even if the Church in the US were to do away with communion in the hand — which of course would make a lot of traditional Catholics happy — it probably wouldn’t entirely solve the problem. I would be happy to see communion on the tongue restored as the norm in the US, but determined desecraters could still walk away with hosts. (I know I’m opening a can of worms here, but I can’t understand why it seems this would be a pastoral problem for some. I can understand feeling strongly one way or the other about communion under both species, or about whether the priest celebrates ad orientum or facing the congregation. And of course I can understand feeling strongly about wanting communion on the tongue. But who feels strongly about wanting to receive on the hand? I don’t get it.)

It is possible that YouTube may follow eBay in doing the right thing and banning these videos. However, in the free market of the Internet there will always be another venue for whatever content someone wants to produce. Try as we might, we cannot prevent it.

What this means is that we should recognize that we are vulnerable. In the Eucharist, that which is most precious to us is sacramentally available for our reception is also available for others’ abuse. We may not like it, but we can’t stop it. 

In a way, it is Christ himself who has ordained it thus. After surrendering his flesh to the abuse of the passion and crucifixion, Christ was vindicated in his flesh by the resurrection and ascension. At that point, had he wished, he could have made the graces of his passion available on earth through the sacraments without again placing his actual flesh and blood at our disposal. The divine plan was otherwise. He wants to be physically available to us, even at the risk of being subject to further abuse in his flesh by his enemies and ours.

It is important to bear in mind what this does not mean. No injury or suffering is imposed on Christ in desecration of the Eucharist. Unlike Christ’s mortal body in the passion, Christ in the Eucharist is not physically vulnerable to harm. Although desecration is a grave offense against the good of religion, the only actual harm sustained is to the soul of the descrater, both in connection with the offense to Christ and the deliberate desire to cause pain and grief to pious Catholics — as well as that pain and grief itself.

At times, the great reverence with which Catholics regard the Eucharist has led Catholics to express the horror of desecration in ways that may be misleading or unhelpful to non-Catholics. Some have compared Webster Cook‘s removal of the host from the church to an act of kidnapping, or compared desecration to the murder or rape of a loved one. While such analogies are not without merit, they do run the risk of obstructing communication and understanding rather than facilitating it.

Kidnapping, murder and rape all cause immense trauma to the victim, and it is this trauma that causes the victim’s loved ones to suffer. Because Jesus in the Eucharist cannot be traumatized or suffer in any way, the grief Catholics suffer from desecration of the Eucharist is not really comparable to that suffered by the loved ones of a victim of violent crime.

The disparity can be seen in other ways. For instance, I would unhesitatingly fight and die or even kill to prevent one of my children from being kidnapped or killed. But I wouldn’t physically harm someone in order to prevent him from desecrating the Eucharist. I might courteously approach someone observed in the act of taking the Eucharist away without consuming it (in fact, I did this once), but after the  Cook debacle I would be leery of any sort of physical contact.

Even if I believed that violent defense of the Eucharist were morally legitimate, it would still be unhelpful and counterproductive. Although the Webster Cook incident was probably blown out of proportion in several ways on several fronts, it seems likely that things could have been handled better in ways that would have made the situation better rather than worse.

PZ Myers’s outrage at the Cook incident, and the contemptible lengths to which he went to punish those whose behavior offended him, were totally unjustified; but it’s fair to note that a more moderate and judicious Catholic response to the original situation might have spared us Myers’s self-congratulatory poke in the eye to Catholics everywhere. Acts like the threatening email Myers received, even though the writer didn’t mean it and apologized after being caught, further exacerbate an already bad situation.

This is not to excuse Myers, nor to suggest the equivalent of "negotiating with terrorists." It is to ask what is necessary and what is helpful, and what we hope to accomplish.

Here are a few thoughts, not only regarding attacks on the Eucharist, but also attacks of other sorts on the Faith and the faithful — including in the comboxes of this very blog.

To begin with, there’s nothing like being attacked to remind you that you’re in a war. It’s not a war against flesh and blood; our enemies are demons, not human beings, but the attacks do come through the actions of human beings. To be attacked in war is not a shocking departure from the norm; it’s the expected thing. That doesn’t mean it isn’t dreadful — they say war is hell — but let’s not lose perspective and think that something alarming is happening.

With respect to eucharistic desecration particularly, some practical steps might be in order. Our pastors and shepherds may not all be aware that this kind of thing goes on at all. You might email a few YouTube links to your pastor, or even your bishop, just to let them know, or perhaps write a letter to your diocesan paper. It would be nice to think that heightened consciousness might make a difference somewhere or other.

At the same time, let’s recognize that public anger and outrage can be counter-productive. Public outcry can sometimes pressure market-sensitive organizations, or individuals capable of salutary shame, to eliminate unacceptable behavior or to adopt better behavior. It worked with eBay, and it may or may not work with YouTube — but it certainly won’t work with the desecraters, or with those who in other ways attack the Faith and those who hold it.

On the contrary, it will only encourage them — as public outrage in the Webster incident encouraged Myers’s desecration, and as outrage over Myers encouraged subsequent (real or simulated) attacks on the Eucharist. Bill Donohue’s intervention here was probably more unhelpful than not. Trying to address crises like the Webster incident by throwing weight around and upping the ante rather than by making every effort at a conciliatory resolution is only going to result in more public attacks on the Eucharist. This is not a battle we can win with this particular weapon. We are vulnerable.

In the minds of those who oppose us, furious public outrage — the more passionate the better — both validates their opinion of us and justifies the contempt in which they hold us, thereby granting them even more license to punish us further. Our cries of outrage are music to their ears. It is both their motivation and their goal. 

Break the vicious circle. Don’t give them what they want. Let’s respond with sorrow, but not with outrage, and certainly not with anger, abuse, bitterness or contempt. Don’t return evil for evil. Don’t try, or even want, to hurt back those who hurt us.

Let there be nothing petty, vindictive, spiteful or self-righteous in our attitude — nothing to justify their contempt. Let’s show them what is lacking in their disrespect for us by showing them what respect looks like.

I’m not saying to be friendly with people who are trying to kick you in the teeth. I am saying don’t try to kick them back. I’m not saying not to call a spade a spade. We can call someone’s behavior despicable (or disingenuous or whatever it is). We don’t have to spit in their eye as we say it.

Try to respectfully recall people to right behavior rather than simply punishing them for bad behavior. Or, if they’re incorrigible, call it like it is, without rancor, and move on. Don’t engage in name-calling. Label behavior, not persons, and don’t escalate for rhetorical effect. If someone’s behavior is rude, say that it’s rude — don’t call it psychotic or demonic or something.

This isn’t just a matter of "taking the high road"; it overlaps with that, but it needs to be more than that. It needs to be a matter of the spirit of Christ, who is perceived in the eucharistic elements only by faith and who relies on us to make him visible to the world.

Zeal for defending the Faith is not enough. There is a right way and a wrong way of defending the Faith; we need to do it the right way. By all means politely complain to YouTube, especially if you’re a member, explaining that you feel the videos are inconsistent with their policy against shocking or offensive material. Don’t leave scorched-earth comments on the offending videos. If you YouTube yourself, one really good pro-Catholic video is worth a thousand objections to bad ones.

Conspicuous piety isn’t helpful either. Let’s not make a big show of telling people that we’re praying for them or that we forgive them, or go on in a highly devotional way about the mysteries of the passion and the sacraments — I mean, in public discourse engaging attacks on the Faith; of course highly devotional language about the mysteries of the passion and the sacraments is a good thing in itself.

Patience, humility and self-control can go a long way. Charity, of course, is the big thing — the one thing necessary.

Chesterton famously said that the only unanswerable argument against Christianity was Christians. Peter Kreeft has often pointed out that the reverse is also true: the only unanswerable argument for Christianity is Christians. It was an argument that conquered the Roman empire. It can conquer hearts and minds today.

The grace we need is available. Of those millions of Masses celebrated in the US every year, and hundreds of millions of hosts received, only a very few are maliciously desecrated. Even if many more are unworthily received, that’s still a lot of grace flowing from heaven.

Pray the rosary. Spend time with the Blessed Sacrament. Read the Bible, the Catechism, the saints. Love God, love your neighbor. Keep your eyes on Christ, not on the wind and the waves. Let the peace of Christ reign in your heart. Yes, we’re in a war, but it’s already won.

In related news, THIS IS A GOOD ARTICLE.

Elections, Part 3: Qualified McCain advocacy

Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6

SDG here (not Jimmy).

John McCain supports embryonic stem-cell research.

Although his support appears to be somewhat qualified and conflicted, and there are signs that he may be moving away from supporting ESCR, his history of consistent support for an intrinsic evil remains a grave concern in his candidacy.

No, I won’t paper it over with a euphemism. In my last post I argued that "A candidate who advocates legalized abortion, euthanasia, ESCR or human cloning gravely disqualifies himself for public service, not just for what he or she may do but for what he or she stands for." By that standard, McCain gravely disqualifies himself for public service on at least one of those four counts.

That Obama gravely disqualifies himself on all four of those four counts certainly makes McCain the less problematic and thus preferable candidate. In my next post I hope to deal with the ethics of voting for the least problematic viable candidate, which is, I contend, always permissible. For now, I want to focus a bit more on potential consequences of a McCain–Palin administration vs. an Obama–Biden administration.

As I’ve said, I’m deeply skeptical of all four candidates, and uneasy about all possible outcomes. I have no strong feelings regarding which side is better equipped to lead on the economy, health care and other crucial issues.

I do suspect that McCain is better equipped than Obama to lead on foreign policy. That’s not necessarily what they’re calling a game-changer, though, since (a) I could be wrong (I am a political knucklehead) and (b) it is not wildly unlikely that McCain’s health could impair his ability to serve.

McCain’s temperament is a legitimate subject of concern. His penchant for fast and risky decisions can make him look decisive and knowledgeable and bold, as when he responded to the conflict in Chechnya; but it can also lead to mistakes.

Obama is clearly smart. Any questions I had on that front were settled on Friday night. He’s also articulate and charismatic, a combination we haven’t seen in a presidential race since Clinton, and before that since Reagan. (In terms of articulateness and charisma, I mean; I’m not putting Reagan in Clinton’s or Obama’s league intellectually.)

Obama is also inexperienced. I suspect that’s not as big a deal as some might think. It may be embarrassing for a candidate to suggest that Iraq is not a serious threat, or that Chavez came to power during the Bush administration rather than the Clinton administration, or that unconditional presidential-level meetings with rogue dictators is a good idea; but hey, your advisors clue you in and you move on. I’m sure Palin would be making some of these gaffes if she were on the grid as much as Obama. The "It’s all about judgment" line is neither the whole truth nor completely wrong.

Here is something that is a game-changer for me.

Among serious concerns in our society today are power grabs by different elements within government. Several concerns in this regard have been raised in recent years regarding the executive branch, most recently in connection with the bailout effort.

Arguably the most sustained, influential and successful power grabs in recent U.S. history, as far as I can tell, is that of the judiciary.

The judicial system seems to me to concentrate a great deal of power, particularly at the top, in the hands of a small number of people who are unelected and unaccountable, who can hold their positions essentially for life and whose decisions have far more lasting impact than that of many public officials. Subsequent justices are expected, on principle, to respect previous verdicts in a way that other officials are not. There is no stare decisis for presidential executive orders, for instance.

As far as I know, recourse for abuses of power at this level, or for addressing flaws in the system in any way, are dauntingly remote. Practically speaking, about the only readily available course of action I know of is to promote judicial self-restraint over judicial activism by nominating candidates who espouse judicial restraint, i.e., originalism or strict constructionism. This is a very limited and problematic approach, but I don’t see that there is any other immediately available option.

So much is this the case that a president’s Supreme Court nominations may well be his most far-reaching act in office. What did Gerald Ford do in office that had rivaled the long-term impact of nominating John Paul Stevens?

The issue is especially crucial because the judiciary has been instrumental in subverting both the judicial and the democratic process in imposing the fiction of an anti-life "right to choose." Other grave evils highly damaging to society, such as same-sex "marriage," are highly likely to be imposed by judicial fiat given a judiciary with sufficient political will and lack of self-restraint.

In general, left-leaning Democratic presidents reliably nominate candidates for the Supreme Court who are reliably evil–activist. The record of right-leaning Republican presidents and the nominees thereof is, unfortunately, more mixed. We do seem to have gone three for three now, and the one before that was a seemingly unavoidable wild card. There almost seems to be a kind of corrupting influence inside the Beltway that sucks justices to the dark side. We can only do what we can do.

McCain has taken a lot of flak from conservatives for his leading role in the "Gang of 14." This is a complex issue and I’m not sure what I think about it. I’m not sure nuking the filibuster would have been the best outcome. And it does seem that some of Bush’s lower-court nominees can reasonably be accused of conservative activism no less blatant than that of many liberal activist judges.

I oppose judicial activism in principle, not just based on of how it is used. I don’t want activist conservative judges any more than activist liberal ones. I want judges who know their job description, who stick to interpreting the law and leave emanations and penumbras to the psychic readers. Give me nine liberal Supreme Court justices who support abortion rights, same-sex marriage, euthanasia and so on, but who also know how to read the words on the page, and who believe that these rights should be advanced by the legislative and democratic process rather than by judicial fiat, and I’ll be happy.

Certainly McCain says just exactly the right things about what kind of justices he likes and what kind of nominees he would put forward. Better still, I think McCain probably gets the principle of judicial restraint vs. activism better than Bush, who I think was more likely to go on personal trust rather than qualifications (Harriet Myers anyone?).

So I find this comparatively reassuring, though it’s impossible to be entirely reassured. Knowing how much McCain loves to reach across the aisle, etc., who knows what the heck he’ll actually do in office? And that’s prescinding from the potential disparity between how candidates may say they’ll judge and what they actually do on the bench.

On the other hand, I have absolutely no doubts what kind of candidates Obama will put forward, and get, and what kind of verdicts we will get from them.

This is the single most important issue that I think can be most confidently held in advance to represent a clear difference in outcomes based on who wins the election. It is a decisive issue for me, if not the decisive issue. I don’t quite want to reduce it to "It’s The Supreme Court, Stupid," but that wouldn’t be wholly wrong either. At any rate, along with the substantial differences between the candidates on the life issues, it is a decisive reason for rejecting Obama and for regarding McCain as preferable candidate.

But what about the claim that we can’t or shouldn’t support a candidate who supports any intrinsic evil, even if the other candidate is worse on every fundamental issue? That will be the subject of my next post.

Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6

Elections, Part 2: Against Obama advocacy

Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6

SDG here (not Jimmy).

In my previous post I said "There are good reasons not to be thrilled with either of the two major candidates." I want to reiterate that. I don’t see the election this year as a holy crusade of Good Guys Against Bad Guys.

Specifically, I don’t see any Good Guys in this race, or even among the also-rans of the primaries. I’m skeptical of all the candidates — and of the judgment of anyone who isn’t. At this point, I believe any sensible person ought to be profoundly uneasy about all possible outcomes. I don’t begin to understand the much-mocked quasi-messianic euphoria on the one side, and on the other side, despite some energizing of the base after the VP pick, there is still plenty of room for misgivings.

The story of the hour, of course, is the historic financial crisis and the federal takeover of Fannie and Freddie. Fingers are pointing in all directions. Proposed narratives that lay all the blame on a single doorstep — the Administration or the GOP generally, the Congress or the Dems generally, Wall Street — strike me as dubious. Narratives that blame the abuse of money and power by all of the above, not necessarily in equal degree, seem much more plausible. I won’t muddy the waters with whatever ignorant notions I might have about how much guilt to assign where.

More to the point, it seems likely to me that there is no persuasive sense that either ticket necessarily represents the obviously right team to deal with the crisis. Any effort to cast the financial crisis as an obviously compelling reason to vote one way or the other would seem to suggest either extraordinary insight or else conjectural special pleading. Until I have reason to believe otherwise, my money (whatever that turns out to be worth next week) will be on the latter.

There are undoubtedly serious issues to be explored (and obfuscated) here. How much power does the executive branch actually need here? How much will they get? How may it be used or misused? How badly and unnecessarily may taxpayers be shafted, and what if anything can or will be done to minimize this? How egregiously have the rich and powerful abused their influence to their own advantage over the years, and what if anything can or will be done about that?

These are complex questions, and Catholic teaching, rooted in divine revelation, emphasizes that the enormity of the perennial abuse of the poor by the rich. There is also a long, sad track record suggesting that the practical answers are unlikely to approximate justice to any great extent. Rail against this by all means. Just don’t suppose that either ticket represents the white hats here to save us.

Other important problems loom. Ongoing conflicts in Afghanistan and Iraq pose serious issues. Was it right to go to Iraq in the first place? How much unnecessary harm has been caused by bad or wrong decisions, including treatment of prisoners? What is the best course of action now? What approach to health care is best? How can we best care for the environment? What about other conflicts and crises around the globe? What about energy? And so on, and on.

With all these legitimate and pressing concerns, it may be understandable that some may look with fatigue at seemingly long-unchanging battle lines between well-entrenched sides in an issue like abortion, where too often candidates and politicians have offered lip service rather than leadership, and conclude that, in the absence of real hope for change on this subject, the political contest ought to be about other things.

After all — the style of thinking goes — has any pro-life candidate of either party at any level of government ever made enough of a difference on abortion to warrant hope that the outcome of this election might matter too? In this presidential election, how much will it really matter with regard to the unborn which party takes the White House? What about the argument of Catholics like Douglas Kmiec and Morning’s Minion who suggest that Obama’s overall agenda is either unlikely to affect abortion numbers, or might even help reduce abortion rates more than any pro-life action from McCain?

This style of thinking is understandable. It is also, I submit, fundamentally flawed and contrary to authentic Catholic principles.

Let’s review some basic considerations.

Continue reading “Elections, Part 2: Against Obama advocacy”

UPDATE: Decent Films is back up!

SDG here. Argh. My hosting provider, BlueHost.com, is currentlyhas been having technical difficulties, and Decent Films has been down all daymorning, with no immediate end in sight.

FWIW, I’ll be doing Catholic Answers Live tonight at 4pm Pacific / 7pm Eastern (the second hour slot). Up for discussion: Miracle at St. Anna, The Lucky Ones, Igor, Burn After Reading, The Godfather trilogy (newly restored editions available this week on DVD and Blu‑Ray) and more.

UPDATE: Just in time! Decent Films is back up and running. An update or two was lost since the last backup, but with the help of Google cache I was able to pull the missing content out of the ether and all should be well with the world.

Stuff to check out since my last JA.o Decent Films update:

  • My most recent Decent Films Mail column covers some history on the Legion of Decency and American Catholic film criticism; there are also a couple of Dark Knight emails (one from Sandra Miesel) and one on The Last Temptation of Christ.
  • The previous Decent Films Mail column is pretty interesting too: different perspectives on The Wicker Man, more Dark Knight, a critique of Pixar including WALL*E and Finding Nemo, and a query about ClearPlay technology, among others.
  • Burn After Reading, the Coen brothers’ latest.
  • Short takes of movies on DVD: Mr. Bean’s Holiday and Bee Movie.

Enjoy! CA Live coming up soon…

Elections, Voting and Morality, Part 1

Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6

SDG here (not Jimmy).

In this election season, questions about voting and morality are naturally under discussion in the Catholic blogosphere and the larger Catholic world. At times the range of possible answers being proposed and discussed has included some dubious opinions and claims.

There are good reasons not to be thrilled with either of the two major candidates, and it's not surprising that some thoughtful and serious Catholics and others may choose not to vote at all, or to vote for some quixotic third-party candidate as a form of protest against the major candidates.

More surprisingly, some serious Catholics have seemed at times to incline toward the view that, although one of the two major candidates is far less problematic than the other, even the less problematic candidate is still problematic enough to make supporting or voting for either of the two major candidates not only not obligatory, but actually objectively wrong. Rarefied theories regarding the purpose and moral significance of voting have been floated that seem hard to reconcile with Catholic teaching.

Even more surprisingly, some serious Catholics have actually gone so far as to argue that the preferable candidate is one whose agenda is about as radically opposed as it is possible to be to Catholic teaching on fundamental moral issues (including abortion, euthanasia, embryonic stem-cell research, therapeutic cloning and same-sex marriage) rather than his opponent whose views are much more convergent with Catholic teaching on most, if not all, of those issues. (More on this later.)

This last view has become most widely associated with Douglas Kmiec, Professor of Constitutional Law at Pepperdine University's School of Law and former Dean and St. Thomas More Professor of Catholic University's law school. After working with fellow Catholic scholar Mary Ann Glendon on Mitt Romney's presidential bid, Kmiec stunned American Catholics by endorsing Barack Obama for president.

While acknowledging that McCain's opposition to abortion is consonant with Catholic teaching while Obama's abortion advocacy is contrary to it, Kmiec seems to feel that the social and economic benefits of Obama's overall agenda could actually help reduce the incidence of abortion more effectively than any anti-abortion actions McCain is likely to undertake. Similar views have been taken by, among others, the anonymous Catholic blogger Morning's Minion at the Vox Nova group blog and Eastern Orthodox convert Frank Shaeffer.

Kmiec also challenges McCain's pro-life credentials by citing McCain's failure to oppose the death penalty. (Perhaps oddly, I have not seen Kmiec mention the more crucial issue of McCain's failure to oppose embryonic stem-cell research. Surely Kmiec knows that Catholic teaching permits a diversity of opinion on the death penalty, but not on embryo-destructive programs.)

Kmiec's arguments for Catholic Obama advocacy have been roundly rejected by prominent Catholic commentators. At times, unfortunately, resistance to Kmiec's views has been taken to extremes: On one occasion a priest wrongly refused Kmiec communion because of his Obama advocacy, a canonically unjustifiable move.

The Church has penalties for procuring an abortion (automatic excommunication), and there seems to be a growing consensus among the bishops that Catholic politicians who actually support legalized abortion should not receive communion. (Strong arguments have been mounted that, following Canon 915, politicians who obstinately persist in manifestly supporting legalized abortion should be denied communion, though consensus on this point among the bishops has been slow in coming.)

However, when it comes to citizens supporting or voting for politicians who support intrinsically evil policies like abortion, Church teaching acknowledges that this can be morally justifiable if two conditions are met. First, one must support the politician in spite of his evil policies and not because of them. Second, there must be proportionately grave reasons outweighing the evil policies (again, more on this later). The question whether such morally proportionate reasons exist in any particular case, like the question whether a particular war is just, is not a matter of binding teaching, but of a permissible diversity of opinion.

This doesn't mean, of course, that all opinions are equally good, or all arguments equally plausible. I agree with those who find Kmiec's reasoning and his Obama advocacy indefensible. But people may hold indefensible views, and engage in indefensible acts, in good faith. Church teaching provides clear lines that cannot be crossed without cutting oneself off from communion. Mere advocacy for particular politicians, even with very problematic views, is not such a line. Although Obama advocacy is (in my judgment) objectively wrong, it is wrong extrinsically, not intrinsically. (For example, Obama advocacy would obviously be morally defensible if, say, Obama were running against Hitler.) But good Catholics can disagree in good faith — though again, not always with equal plausibility — about what is or is not extrinsically wrong.

Among those rightly dismissing Kmiec's arguments is my long-time friend, Catholic writer and blogger Mark P. Shea. Mark is strongly critical of both major candidates, but he clearly sees — as most informed and non-dissenting Catholics see and as even most reasonably fair-minded observers can see — that anyone giving priority to fundamental Catholic moral concerns must regard Obama as far and away the more problematic candidate.

At the same time, Mark is, entirely legitimately, no fan of McCain. I've always had significant reservations about McCain myself, and in a recent blog post I discussed why I might not vote for him, particularly if he chose a pro-choice running mate. (He didn't, of course, and his choice potentially addresses some concerns while arguably raising others; I'll be posting more on this soon.) I am thus sympathetic to Mark's choice not to vote for either of the two major candidates, but to register a protest vote for a quixotic impossible candidate instead.

Where I think Mark goes wrong is in leaning toward the view that not voting for either of the two major candidates is not only a morally legitimate option, or even a morally preferable option, but the only morally viable option. Although he argues, far more credibly than Kmiec, that McCain is the less problematic candidate, Mark seems at times to feel that McCain is still problematic enough that McCain advocacy is also objectively wrong. This view has been maintained and defended even more assiduously (and problematically IMO) by Mark's co-belligerent, anonymous blogger Zippy Catholic.

Some caveats here are necessary. In leaning toward such views, Mark naturally means to express an opinion, not a definitive fact. It is an opinion about objective right and wrong, but still an opinion, and Mark would certainly acknowledge that it is an area of permissible dispute, and in principle he could be wrong. Second, I take it for granted that Mark makes no judgment about the culpability of McCain advocates, any more than either he or I judges Kmiec's culpability for his Obama advocacy. Third, Mark clearly doesn't put McCain advocacy on a par with Obama advocacy, either regarding plausibility or degree of evil. Still, it does seem that Mark feels or has felt that there are two unequal but objectively wrong choices — voting for either of the two major candidates — and only one morally legitimate course, not voting for either one.

I find this position untenable. In any contest between two or more viable candidates, I submit that it is always morally legitimate to support and vote for the candidate one regards as the preferable — or least problematic — viable candidate. (By "viable candidate" I mean of course "candidate with a realistic chance of winning.")

In fact, not only is it always morally legitimate, by default supporting and voting for the preferable or least problematic viable candidate should be the usual, preferred course of action. Other courses of action should be comparatively extraordinary, though in particular circumstances it may reasonably be judged preferable or more prudent to take another course.

For example, there may be legitimate reasons in a particular contest for considering it preferable (though not morally necessary) not to vote at all, or to vote for an admittedly nonviable, quixotic candidate as a form of protest. However, one can never rightly claim that it is morally necessary not to vote for any viable candidate, or that those who do support or vote for the least problematic viable candidate are (however sincerely) objectively wrong to do so.

Again, in a three-way contest, one may regard all three candidates as somewhat viable, but may still credibly choose not to vote for the least problematic viable candidate, if one feels that the second–least problematic candidate is more viable and thus has a better chance of defeating the most problematic candidate. Others may feel, also credibly, that the least problematic viable candidate is still worth supporting, even if he is a long shot.

Such decisions can be very difficult, because if opposition to the candidate viewed as most problematic is split among two challengers, the candidate viewed as most problematic by most people may eke out a victory. Whether this works out for the best or the worst, or to the advantage of one party or another, may vary with circumstances. From a democratic point of view, it is probably an unfortunate outcome, but for better or worse it is the nature of our current one-person, one-vote system. Whether another system would be better is a question for another time.

Another good question for another time concerns the nature of the system that yields the particular viable candidates we get. However that may be, once it becomes clear that one or another of a very small pool of people will in fact win the election, my thesis is that it is always morally legitimate to support and vote for the candidate one regards as the preferable or least problematic viable candidate.

In upcoming posts, I'll try to make the case for this thesis and answer objections to it. I will also discuss the particulars of fundamental moral principles and Catholic teaching in connection with the two candidates, and why I think McCain is the least problematic viable candidate.

For some, if I can make this case persuasively, this may be good news. Many, like Mark, may feel conflicted, opposing Obama but feeling unable to vote for the only viable alternative. Mark has said to me that he's not voting for McCain because he feels he can't; if he felt he could vote for McCain, he would do so. I want to make the case that, in fact, he can if he wants to — and so can others.

Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6

Just the Facts, Ma’am

SDG here with a heads-up on yesterday’s Fact Sheet release from the the USCCB Committee on Pro-Life Activities, entitled "Respect for Unborn Human Life: The Church’s Constant Teaching" (also available in PDF).

An accompanying USCCB news release states that the fact sheet is intended to "help end confusion caused by recent misrepresentations of Catholic Church teaching on abortion," specifically citing "misleading remarks by Speaker of the House Nancy Pelosi, August 24 in an interview on Meet the Press."

Once again, American Papist is on the case with good commentary. His first two observations:

It’s good that Pelosi is directly named as the proximate cause for this response.

I like that the 2-page is described as a "fact sheet." This is not a matter of opinion.

Exactly.

This now brings the total number of episcopal responses to Pelosi-gate to, what, 20? Okay, maybe not that many… at this point I don’t know of any one source collecting all the statements in one place. (At least one statement has yet to be made: Nancy Pelosi’s own bishop, Archbishop Niederauer of San Francisco, is expected to publish a response this Friday.)

In any case, to date it’s been a startlingly, and gratifyingly, strong and clear response… just what the Church — and the country — so desperately needs.

Thank you, your Excellencies. Your sheep appreciate the shepherding. Please, keep up the good work.

GET THE FACTS.

GET THE STORY.