(www.RemnantNewspaper.com)
The latest fad to take the Tea Party crowd by storm is
“Nullification.” Thomas E. Woods, Senior Fellow at the
Ludwig von Mises Institute, has recently published a
book on the subject, Nullification, How to Resist
Federal Tyranny in the 21st Century. As
a professor of law with a particular interest in
Catholic Legal Theory, I purchased the book to see what
suggestions Mr. Woods has to offer for the current
crisis in government.
Mr. Woods and the other Tea Party luminaries are correct
in identifying a deep crisis in civil society which has
been progressing in tandem with the crisis in the Church
these past decades. Government, whose teleological end
is to promote the common good, has done nothing of the
sort for far too long. The laws passed by our
governmental entities have promoted and protected some
of the worst evils in history: the slaughter of millions
of unborn, the subsidization of contraception, divorce,
sex education in the public schools that corrupts our
youth, and so-called same-sex “marriage.”
This tyranny of evil must be resisted by all Catholics
just as vigorously as the tyranny of Modernism in the
Church. Our government must be recalled to its divinely
instituted purpose of promoting, rather than destroying,
the common good.
Here was an author who had contributed to one of the
greatest books diagnosing the crisis in the Church,
The Great Façade, so I thought perhaps his book on
“nullification” would just as skillfully diagnose the
problems in civil society.
The Constitutional Convention and Vatican II –
The Search for the Original Spirit of the Convention
If
you thought along the same lines, you will be sorely
disappointed. Rather than diagnosing the true crisis in
government as a departure from Catholic teaching on law
and the State, the book is a call to embrace the same
flawed Enlightenment philosophy that led to the current
crisis. Ironically, for a Catholic who could write so
eloquently about the pathetic attempts of “conservative”
Catholics to defend the ambiguities of the Second
Vatican Council which have been injected like viruses
into the Body of Christ, Woods defends the
Constitutional Convention and the document it produced
with the same zeal.
Woods argues that the “real intention” of the drafters
of the Constitution and the state conventions which
ratified it was to create a limited federal government
and promote a federated alliance of sovereign states.
The essence of Nullification lies in what Woods
calls the “axiomatic point that a federal law that
violates the Constitution is no law at all.”
The phrase “no law at all” is, as we shall see shortly,
an inaccurate borrowing from the principle of Catholic
teaching enunciated by St. Augustine and St. Thomas
Aquinas, and even by Martin Luther King in his Letter
from the Birmingham Jail—but not, very conspicuously, by
Woods. I mean the principle that a law contrary to
eternal, divine or natural law is “no law at all.”
According to Woods, however, if the federal government
passes a purported law that exceeds the authority
granted in the Constitution, such law is void and should
be nullified by the sovereign states. The two
recurring, and thus most prominent, examples in
contemporary political life that Woods uses in the book
are the federal criminalization of the use (including
medical use) of marijuana and the federal mandate to buy
healthcare insurance. To maintain his argument requires
Woods to prove that these acts are not provided for in
the Constitution.
But the problem is that the Constitution—like
Digitatis Humanae, Sancrosanctum Concilium and other
documents of Vatican II—contains time bombs in the form
of ambiguous, equivocal, open-ended clauses clearly
inserted by a liberal cabal in the process of drafting
and approval by a committee in a setting where no
unified intention or interpretation existed at the
time. These time bombs were worked into the give and
take of group negotiation so as to be exploded later in
order to justify the Hobbesian/Lockean state the
Federalists desired.
The General Welfare Clause, the Commerce Clause and the
Necessary and Proper Clause are some of the most
prominent examples of constitutional time bombs Woods
addresses in his book. Just like the dogged defenders
of the ambiguities of Vatican II, however, Woods defends
these time bombs by arguing that they must be
interpreted according to the “original intent” and the
“spirit” of the Constitution.
He
writes: “For it is they whose interpretation of the
Constitution – and in particular, the precise nature of
what they believed they were getting into – is of
ultimate importance.”
Finding this evasive original interpretation of the
Constitution is an exercise as futile as searching for
the original intention of the Vatican II Fathers. Woods
quotes extensively from Madison, Hamilton and Jefferson
as well as the polemical Federalist Papers numerous
passages claiming these clauses were meant to have a
narrow and limited meaning. All of these arguments sound
just like those of the defenses of the Vatican II
novelties. “Digitatis Humane stated that it left
intact Traditional Catholic teaching on social
obligations of states to Christ the King.” Likewise,
Woods quotes President Madison as saying:
“It exceeds the possibility of
belief” that supporters of limited government “should
have silently permitted the introduction of words or
phrases in a sense rendering fruitless the restrictions
& definitions elaborated by them.”
Does it really exceed the possibility of belief? That
is like saying it is inconceivable that Vatican II would
quietly insert words in Digitatis Humanae that
would undermine Catholic Social Teaching on Christ the
King when stating in the opening lines that they were
not changing such teaching.
Defending a restricted reading of the Commerce Clause,
for example, by appealing to “the understanding that
informed the decisions of the ratifying conventions”
is like appealing to the understanding of the Council
Fathers who voted for Digitatis Humanae. What
the past forty years have shown in the Church is that
appeals to an elusive understanding of a vast group of
Fathers is no real bulwark against what these men
actually did by their vote – promulgate a document which
had a life of its own once issued.
The Constitution is no different. It cannot be saved by
appeals to an original understanding, which in any event
we have two centuries of litigation to show can never be
proven conclusively. Given any desired interpretation
of a clause in the Constitution, any half decent
researcher can find some off-hand comment of some
“Founding Father” or other to prove it accords with the
“original intent.” To claim that the “state ratifying
conventions are full of assurances about the innocuous
nature of the clause”
is analogous to asserting that the records of the
Council are full of assurances of the innocuous nature
of the ambiguous clauses which have caused so many
problems in the Church.
The Federalist Framers acted no differently from the
liberal Council Fathers and periti at Vatican II,
who vehemently denied they were introducing anything
radical or novel into Catholic life and teaching at the
time of the Council, only to explode all the time bombs
they left in the documents for the next four decades to
justify doing just that. Woods admits as much with
respect to Alexander Hamilton, even if he seems blind to
the same conduct by other Federalist “fathers” at the
“council” in Philadelphia:
For one thing, prior to New York’s
ratification of the Constitution, Hamilton noted in
Federalist #17 and #34 that the [Commerce] clause did
not mean that an area like agriculture would come under
the purview of the federal government. But having given
the people that assurance, Hamilton then declared,
several years after the Constitution was ratified,
did mean agriculture could be directed by the
federal government.
Although Woods views Hamilton as but the exception that
supposedly proves the rule that the other
Founding Fathers were consistent in their “original
intention,” history shows otherwise. Madison and
Jefferson are used as examples throughout the book of
those upright Founders who consistently maintained the
“true” spirit of the Convention and fought against
unauthorized elastic interpretations of the ambiguous
clauses. James Madison is quoted extensively in the
book as an example of a Founding Father defending the
compact theory of the Constitution and the right of
states to disregard federal law, and the limited scope
of clauses such as the General Welfare and Commerce
Clauses.
Madison is presented as a most compelling historical
proof that these ideas embody the spirit of the
Constitutional Convention because he was, after all, a
Federalist and thus more in favor of a centralized
government than the Republicans.
Yet, as with Alexander Hamilton, Madison’s earlier
protestations of delimited federal powers and states’
rights quoted by Woods are contradicted not only by his
actual actions as President but even his own words. Not
quoted by Woods, for example, are statements by Madison
such as the following, in which he denounced as one of
many “strange doctrines and misconceptions” the thinking
of those who deny
the nature of the Constitutional
compact, as precluding a right in any one of the
parties to renounce it at will, by giving to all an
equal right to judge of its obligations; and, as the
obligations are mutual, a right to enforce correlative
with a right to dissolve them [which would] make
manifest the impossibility as well as injustice, of
executing the laws of the Union, particularly the laws
of commerce, if even a single State be exempt from
their operation…
Decades after the Constitutional Convention, Madison
denounced the very idea of “nullification” of federal
law by individual states as
this preposterous &
anarchical pretension [of which] there is
not a shadow of countenance in the Constitn. [sic] and
well that there is not; for it is certain that with such
a deadly poison in it, no Constn. [sic] could be sure of
lasting a year; there having scarcely been a year, since
ours was formed, without a discontent in some one or
other of the States which might have availed itself of
the nullifying prerogative.
As
for Jefferson, an article does not provide sufficient
space to demonstrate that his actions as President
repudiated all his high sounding ideas about liberty.
He expanded the imperial power of the Presidency even
more than his Federalist predecessors. Even Woods
includes in his book the letter of a citizen denouncing
Jefferson as a fraud and calling him “one of the
greatest tyrants in history.”
The Viruses of Enlightenment Liberalism
The ultimate problem with the remedy of Nullification is
that it depends on the very document that is the root
cause of our government going haywire. The Constitution
is a product of the errors of Enlightenment Liberalism
just as Dignitatis Humanae is a product of
Neo-Modernism. Pointing to a few traditional sounding
phrases or holdover concepts from the Catholic past—the
borrowed capital that has been keeping our nation afloat
these past two hundred years—does not inoculate the body
politic against these Enlightenment viruses.
Unfortunately, in arguing the case for nullification
Woods demonstrates that some of these viruses have
infected his own political philosophy. The most deadly
viruses are the following:
·
That sovereignty comes from the people and is delegated
to the government by them.
·
The limitation of an appeal against federal authority to
some other form of positive law rather than to the
higher law.
·
An
ultimate acceptance of the Majoritarian Fallacy.
The “Sovereignty of the People”
The Constitution and Woods’s defense of it are rooted in
a false notion of sovereignty, which is the authority to
govern the res publica or civil polity.
According to Woods, “In the American System the
sovereigns are the peoples of the various states.”
Wrong! The only sovereign in any political
system is Christ the King.
In
the Encyclical Letter Quas Primas, Pius XI
confirms the constant teaching of the Church that all
authority comes from God. Sovereignty over the world
has been delegated not by Man but by God the Father to
His Son:
Moreover, Christ Himself speaks of
His own kingly authority; . . . after His resurrection,
when giving to His Apostles the mission of teaching and
baptizing all nations, He took the opportunity to call
Himself king, [Matt. xxv, 31-40] confirming the title
publicly, [John xviii, 37] and solemnly proclaimed that
all power was given Him in Heaven and on earth. [Matt.
xxviii, 18] These words can only be taken to indicate
the greatness of his power, the infinite extent of His
kingdom. What wonder, then, that He Whom St. John calls
the "prince of the kings of the earth" [Apoc. 1, 5]
appears in the Apostle's vision of the future as He Who
"hath on His garment and on His thigh written 'King of
kings and Lord of lords!'." [Apoc. xix, 16] It is Christ
Whom the Father "hath appointed heir of all things";
[Heb. 1, 2.][12]
Pius XI had already explained that the world had gone
haywire precisely because Men had inverted the order of
delegation from the Father to the Son and the Son to
constituted political authorities, to one where it was
delegated from the people upwards. Pius XI stated in
his first encyclical:
[W]ith authority derived not from
God but from man, the very basis of that authority has
been taken away, because the chief reason of the
distinction between ruler and subject has been
eliminated. The result is that human society is
tottering to its fall, because it has no longer a secure
and solid foundation.
Catholic teaching has always allowed for a multiplicity
of means for designating which individuals will
exercise, as viceroy for Christ the King, His
sovereignty in a particular country or territory. The
designation of the one to hold this office can be, and
has been, by hereditary succession, election by a group
of hereditary electors or by the entire people as a
whole (as is currently the practice in America today).
The most appropriate means of designating he who holds
the office of exercising Christ’s sovereignty are a
subject for legitimate debate among Catholics – and the
Church has always allowed such debate to occur
unencumbered. What is not up for debate is the
proposition that he who is designated receives the
authority to govern, sovereignty, from those who
selected him. The only sovereign, he who has a right to
rule, is Christ. Therefore, He is the only one with the
power to confer a portion of His unlimited sovereignty
to particular political leaders. Leo XIII explained
brilliantly in his encyclical Immortale Dei, the
reasons for Christ’s unique claim to universal
sovereignty. Christ’s claim is two-fold. First, by His
divine nature, as Creator and Sustainer of the whole
universe, he is sovereign by right. If the only thing
brining the universe into being and maintaining from
slipping into nothingness, Christ as God has the sole
claim to be sovereign of that which he keeps in
existence. Secondly, Christ in his human nature has
merited to be sovereign of the whole world by the act of
His redemption. Christ’s passion and death saved and
redeemed the entire world. As the Savior of the World,
whom without the world could only promise death, Christ
is entitled to His position as Sovereign of the world.
For this reason St. Paul declares: “That in the name of
Jesus every knee should bow, of those that are in
heaven, on earth, and under the earth” (Philippians
2:10). Presidents or kings or prime ministers may
exercise governing powers after their designation by
some or all of the people, but one truth remains – these
powers come not from those designating them but from
Christ the King. To hold otherwise, to claim a
sovereignty coming from the people is tantamount to
refusing to bow one’s knee to Christ.
Woods appears throughout his book to be steeped in the
Enlightenment rejection of this Catholic understanding
of sovereignty. He speaks repeatedly of sovereignty
coming not from Christ but from the states or the
people. Woods spends the entire fourth chapter of his
book arguing vigorously that the U.S. government
received its authority “from an agreement among states
and the various peoples thereof” rather than “from a
single sovereign people.”
Regardless of whether his historical argument about
which of these constitutional theories was held by early
Americans is correct, it is a distinction without a
difference. The government of the United States derives
its authority neither from the states and peoples
thereof nor from a single sovereign people, but rather
from Christ the King, the one, true and only sovereign.
Woods’ entire constitutional law theory, from which he
derives the nullification remedy, is rooted in the false
contractual or compact theory of government taught by
Grotius, Hobbes, Locke and their fellow travelers.
Catholic teaching, which perfected Aristotelian natural
philosophy, has always held that government is not a
product of some humanly created contract in the false
political creation story invented in the eighteenth
century. Political authority is part of the natural
social order created by God in the Garden of Eden, not
by Man in the jungle of the state of nature. Man is by
nature a social and political animal, as even Aristotle
could see. Political authority is not some haggled-over
concession by “naturally free” men as a necessary evil.
It is part of God’s plan.
As
Pius XI noted almost a hundred years ago, the theory of
the contractarian “sovereignty of the people” is why the
world is “tottering to its fall.” Thus, nullification,
whose justification lies in this false notion of
political sovereignty, cannot be the cure to our woes
since its use involves acceptance of an un-Catholic
political philosophy.
The Need for Higher Law
Woods’s final plea for nullification consists in the
question: “What alternative exists?” He plays on the
fact that Catholics and non-Catholics alike are in
increasing numbers realizing that our government is
spiraling out of control. He advises, as the only
alternative, a return to the original principles that
set us on this spiral course: popular sovereignty and
contractual government. But there is another
alternative, Mr. Woods: the constant teaching of the
Catholic Church.
According to the Church, the check on tyrannical and
oppressive government that Woods wants to find in state
nullification is not some Newtonian gravitational system
of contracting agents competing with the federal
government for power. It is the entire legal order
created by God—the Eternal, Natural and Divine laws,
which as St. Thomas demonstrates in the Summa
Theologica, are real laws binding on all men,
including those who govern civil society.
All human law is subject to and restrained by these
higher laws. Again, an article allows insufficient space
to explain and define these species of higher law, but
any interested reader can investigate them, without
buying a book, by reading my two articles available at
http://works.bepress.com/brian_mccall/. One explains the nature of the Eternal
and Natural Law and the other examines the Divine Law.
Suffice it to say that this higher law was the bulwark
against tyranny, oppression and injustice until the
Protestant revolutionaries and their Enlightenment
offspring discredited and dismantled it and argued for
the substitution of a contractual government of
competing interests and “separated powers” that Woods
embraces as the answer to our self-inflicted woes. John
Dickenson summarizes the role of this higher law in his
introduction to the classic twelfth century Catholic
political work, The Policraticus:
It has become a historical
commonplace that mediaeval thought was dominated by the
conception of a body of law existing independently of
the authority of any government and to which all
positive law must conform and to which government no
less than individuals owed obedience. Rulers were
thought of as bound by a higher law . . . which
accordingly made it possible to apply to their acts
another criterion of legality or illegality. In the
words of the Policraticus, “between a tyrant and
the true prince there is this single or chief
difference: that the latter obeys the law and rules the
people by its dictates. A tyrant is one who oppresses
the people by rulership based upon force while he who
rules in accordance with the laws is a prince.” “There
are certain precepts of the law which have a perpetual
necessity having the force of law among all nations. . .
. And not only do I withdraw from the hands of rulers
the power of dispensing with the law, but in my opinion
those laws which carry a perpetual injunction are not
subject at all to their pleasure.”
Perhaps this “historical commonplace” was omitted from
Mr. Woods’s graduate studies in history? It was the
“conception of a higher law” in Christendom which
“tended to retard the organization of effective
government,” not some populist appeal to a contractual
document like the Constitution under the false notion of
a sovereignty derived from the people.
It
is the appeal to the higher law in which real
nullification of evil human laws consists, not in the
nonsense of “nullification” by contracting states or
peoples. True nullification of invalid laws is not a
product of Thomas Jefferson, James Madison, or the
Virginia and Kentucky resolutions. It is the product,
rather, of Catholic teaching on true liberty. St.
Thomas Aquinas provides a concise explanation of
Catholic nullification—which, incidentally, is
referenced nowhere in Woods’s book:
[L]aws may be
unjust in two ways:
first, by being contrary to
human
good,
through being opposed to the things mentioned above –
either in respect of the end, as when an authority
imposes on his subjects burdensome laws, conducive, not
to the common
good,
but rather to his own cupidity or vainglory – or in
respect of the author, as when a man makes a
law
that goes beyond the power committed to him or in
respect of the form, as when burdens are imposed
unequally on the community, although with a view to the
common
good.
The like are acts of
violence rather than
laws; because, as
Augustine says (De Lib.
Arb. i, 5), "a
law
that is not
just,
seems to be no
law
at all." Wherefore such
laws do not bind in
conscience, except
perhaps in order to avoid
scandal or disturbance,
for which
cause a man should even
yield his right, according to
Matthew 5:40-41: "If a
man . . . take away thy coat, let go thy cloak also unto
him; and whosoever will force thee one mile, go with him
other two."
Secondly, laws may be
unjust through being
opposed to the Divine
good:
such are the laws of tyrants inducing to
idolatry, or to
anything else contrary to the
Divine law: and laws
of this kind must nowise be observed, because, as
stated in
Acts
5:29, "we ought to obey
God
rather than
man."
This is the true statement of the grounds for
nullification of human law, misquoted by Woods, as
mentioned above. It is not that a law contrary to the
Constitution is no law at all, but rather that a law
contrary to the higher law—which establishes the
good and ends of Man—is no law at all. The test of
legality or illegality (nullification) is not the
varying interpretations of a piece of paper haggled over
in Philadelphia more than 200 years ago, but the higher
laws of God: Eternal, Divine and Natural. Nullification
occurs when a political ruler exceeds the sovereign
power committed to him by God, not the
interpretation of the power committed to him by Men
either in convention in Philadelphia or in the most
recent election.
We
do not have time to explore this teaching in detail
here, but at least note that St. Thomas’ teaching on
Nullification is laced with Catholic prudence. Even
when a ruler exceeds the power committed to him by God,
nullification is not always justified. It involves a
complex moral decision depending on what aspect of
higher law has been violated in light of the common
good. Yet, when human law violates a fundamental
precept of Divine Law—like the Fifth Commandment, Thou
Shalt Not Kill, by abortion laws—it must be deemed
nullified and must in nowise be observed. This is true
Nullification in the Catholic sense of the concept.
The Majoritarian Fallacy
The omission of Catholic grounds for Nullification and
the substitution of a compact theory of government
ultimately leads Woods to fall into the Majoritarian
Fallacy. This consists in relying on public opinion, or
majority opinion, to determine what is right or legal.
Once the objective standard of the higher law is
abrogated in favor of a negotiated contractual
relationship embodied in a documentary work of human
hands, subjectivity is ultimately the result.
Notwithstanding Woods’s protestations that nullification
is not simply the states refusing to enforce “laws the
states do not like,”[20]
that is exactly what nullification turns into without
the objective standard of the higher law. The
Constitution is not an objective standard. It is
an ambiguous statement of a political compromise
achieved through ambiguous generalities and concepts
that work in tension with one another—again just as we
see in certain of the Vatican II documents. Since the
Constitutional standard of the meaning of the
contracting parties is itself open ended and subjective,
all that is left as a standard for nullification is
majority opinion.
And that, indeed, is precisely where Woods’s
argument ends up. He writes: “Are we surprised when a
government on this scale, so remote from popular control
and oversight, routinely acts in such open defiance of
public opinion?”[21]
The history of the Kentucky and Virginia Resolutions
that Woods expertly summarizes in his book demonstrates
the very point. A number of states did not support the
nullification of the Alien and Sedition Acts by Virginia
and Kentucky because they did not think those acts
violated the Constitution. This very example of
“nullification” demonstrates that the only standard for
determining constitutionality for nullification purposes
is public opinion in each state as to the
interpretation of a humanly crafted document.
Nullification as proposed by Woods is a slave to
majority opinion.
This fatal defect in Woods’s case is brought home by his
own recent answer to a question on a radio show
discussing his book. A caller inquired whether
nullification should be used to put an end to the unjust
and tyrannical decision in Roe v. Wade without
reference to popular opinion:
Do
you believe that state officials, governors for
instance, should interpose themselves between the U.S.
Supreme Court and the unborn? And the second part is: Do
you think it should be necessary for there to be some
sort of groundswell in order for a governor to do that?
In other words, should he stick his finger up in the
wind and make sure he has popular support before he
defends the unborn, or should he go ahead and place
himself between an unjust, tyrannical law and the unborn
regardless of his popular support?
Here is Woods’s reply:
Uh, here we have to distinguish between, uh, you know,
between, what’s morally right and what’s likely to work.
Because I mean, I could, I could try all kinds of things
that would just wind me up in jail and accomplish
nothing. So, the point is that I wanna think about what
is likely to work. Now, of course, morally I believe a
governor or anyone who is in the government, any human
being, oughta stand up in between the federal government
and Roe v. Wade. I, I absolutely believe that
because it’s morally wrong, and we have to obey God
rather than men. So, there’s no question there’s a
moral obligation to do this. The reason I would be
concerned about using nullification for this purpose is
not that I doubt the moral rectitude of that
position—not at all. But it would be this: that
nullification has really only started to be talked about
really in the past year, and we’ve got a big uphill
battle just to get this concept accepted as it is. So if
we were to come out swinging with probably the most
controversial issue in America, I’m afraid it would take
nullification down with it and we would be no better off
than we were before. I would rather ease into this by
starting with areas in which there is a general
consensus that the federal government has
overreached, so that if we get to a point where
nullification becomes an acceptable part of the
constitutional landscape, then we can stick our necks
out a little more and move into areas where there’s
gonna be more controversy. But as I say, because
nullification itself is a source of controversy, I think
we need to be more modest about what we can expect from
it, and then perhaps try more conventional approaches
with more intractable issues like abortion.
Now, it is hard to think of human law today more opposed
to the Divine Law than Roe v. Wade and all the
statutory laws flowing from it. Should these be
nullified as “no law at all” and declared the “acts of
violence” they really are? Oh no, Woods says—too
controversial, not part of the general consensus.
Sure, I am personally morally opposed to abortion, but
let’s use nullification for causes we can all agree
on—like legalizing marijuana and preventing the
government from issuing REAL IDs! Meanwhile, let the
slaughter of the unborn continue, because, after all,
that “issue” is “intractable.”
Do
not misinterpret my argument. I am absolutely no
supporter of Barack Obama or George Bush or Nancy Pelosi
or any of the other rulers of our country, who, drunk on
the intoxicating idea that sovereignty comes from
people, have been overreaching their authority delegated
from God and pushing our nation ever further on the path
of destruction. A whole host of statutes, regulations
and court decisions range, in their errors, from
flagrant violations of the Divine and Natural Law to
merely idiotic, poorly thought out, wasteful and
imprudent. In fact, I defend practically nothing done
by our federal government since… well, let’s just say
“the memory of man runneth not to the contrary.” Yet,
the solution is not to go along nullifying whatever law
with respect to which we can muster a general consensus
in favor of nullification. The answer is the same as it
has been since the tyranny of Liberalism first reared
its ugly head. The answer is perennial Catholic legal
and political teaching.
Our faith in the illusory “original intent” behind a
piece of paper written by deistic and anti-Catholic
liberals in 1789 needs to give way to our submission to
the true Sovereign: Christ the King. Until the political
authorities of our country renounce the idea that their
power originates in the people and acknowledge the
sovereignty of God, including His nullification
of their unjust laws, the American regime will continue
to go as, Woods puts it, “haywire.” Resorting to a
compact theory borrowed from the toolkit of
Enlightenment liberalism is like treating a heart attack
victim with Band Aids.
So
let’s dispense with this nullification nonsense—the
latest liberal cure for liberal ills. Let us instead
recognize for what it is the ungodly legal and political
order that has weighed for too long upon the Western
world. Let us call upon our nation to take up instead
the easy yoke of Christ the King. “What is the
alternative to nullification?” Woods might ask. Here is
the answer from Pope Pius XI—and it is the only
answer that can save us now:
Thus the empire of our Redeemer embraces all men. To use
the words of Our immortal predecessor, Pope Leo XIII:
"His empire includes not only Catholic nations, not only
baptized persons who, though of right belonging to the
Church, have been led astray by error, or have been cut
off from her by schism, but also all those who are
outside the Christian faith; so that truly the whole of
mankind is subject to the power of Jesus Christ." [Annum
Sacrum, May 25, 1899]. Nor is there any difference
in this matter between the individual and the family or
the State; for all men, whether collectively or
individually, are under the dominion of Christ. In Him
is the salvation of the individual, in Him is the
salvation of society. "Neither is there salvation in any
other, for there is no other name under Heaven given to
men whereby we must be saved." [Acts iv, 12]. He is the
author of happiness and true prosperity for every man
and for every nation. . . . If, therefore, the
rulers of nations wish to preserve their authority, to
promote and increase the prosperity of their countries,
they will not neglect the public duty of reverence and
obedience to the rule of Christ.
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