Friday, 07 August

18:46

The Enlightenment vs. the Bible: The Common Good and the Establishment of Religion [John V. Gerardi]

John Locke, unofficial Founding Father and leading philosophical light for the US Constitution St. Thomas Aquinas

The chief difference between the Aristotelian/Thomist conception of statecraft, and that of Enlightenment and Social Contract figures like John Locke and Thomas Hobbes, is the concept of the Common Good.  Essentially, for Thomas and Aristotle, the Common Good is the idea that political communities are ordered toward a single, knowable, and universally-applicable concept of the Good, and that political communities should strive in their laws and actions to order themselves toward this good.  Locke and Hobbes, whose writings (particularly Locke’s) were critical to the framing of the Constitution, believed there was no single, knowable concept of the Highest Good that was common to all men.  In their eyes, human beings were more radically individualized and were free to choose their own conception of the good for themselves.

As St. John Paul wrote in Veritatis Splendor, modern democracies must have a basis in the moral law–i.e., moral precepts directing the citizenry towards a certain conception of the Good which is common to all men–in order to preserve the values of personal liberty that democracy so dearly cherishes.  I believe the old system of federalism that existed prior to the enactment of the Fourteenth Amendment, which did not limit the ability of states (as opposed to the federal government) to establish religion, was a helpful system for fostering a common conception of the Good, and for providing a solid moral foundation for our early political communities.

St. Thomas on The Good

Teleology, the concept that things are ordered to a certain “end,” “goal,” or telos, was central to St. Thomas’ and Aristotle’s thinking.  A given thing was good, they reasoned, insofar as it accomplished its end-goal successfully.  For example, a knife is a “good” knife insofar as it cuts well.  Human beings were good insofar as they were properly ordered to their proper ends.  For Aristotle, the end of human beings was the happiness of a virtuous life; for St. Thomas, man’s end was the Beatific Vision and eternal happiness with God.

The good of the political community was similarly unified.  For St. Thomas, this is a community that is ordered towards honoring and glorifying God.  The good of the political community is therefore not simply the sum totals of the “goods” of its individual members, but rather encompasses all of them.  A society perfectly ordered towards God, towards the Common Good, will effect the highest good of its members.

Hobbes and Locke

In Enlightenment thought, there is no definite or static concept of human nature.  Hobbes and Locke believed that human beings are radically individualized entities for whom there is no single, universally-applicable concept of the good.  Any concept of the “Common Good” in their thinking would naturally concede that there are different “goods” for different individuals, and that the “Common Good” of society is naturally only achieved through a democratic process of totaling up whatever helps out the most people.  There is a kind of moral relativism built into these concepts–individuals are free to choose the good for themselves, and the Common Good is simply determined by the will of the majority.

The Establishment Clause–Protecting State Establishment

This Enlightenment concept naturally resulted not only in religious toleration, but a refusal by the federal government to establish religion.  The First Amendment’s Establishment clause was actually somewhat helpful to preserving America’s strongly Protestant background at the time of the Founding, and in preserving state governments that were explicitly religious.

Many of the states at the time of the Founding had their own established churches, and there were laws prohibiting blasphemy, sacrilege, and unnecessary labor on the Sabbath.  The states had decided visions of the Common Good for themselves and their citizens, based on their various (Protestant) readings of the Bible, though most of them (and all of them within several decades) remained tolerant to the existence of other religions.  With the federal Establishment Clause in place, the federal government would not pick favorites between the religious views of the various states (as the British government had done, to the detriment of many of the very religious minorities who fled to America), and there could be relative religious peace between the various states.  The established state churches began to fade during the 19th Century, but there was a clear acceptance that Biblical morality was of fundamental importance to state law.

The 14th Amendment and Subsequent Supreme Court Decisions

The 14th Amendment’s “Due Process Clause” began to change the relationship of states to religion after its enactment in 1868.  This clause stated, “[N]or shall any state deprive any person of life, liberty, or property, without due process of law . . . .”  Prior to the 14th Amendment, the protections of the Bill of Rights did not apply to state governments.  The framers of the 14th Amendment were concerned with states abusing the rights of freed slaves, and therefore attempted to give individuals federal protection against encroachments on their freedom by individual states.

But what did “liberty” mean in that clause?  It’s not an easy question to answer–most law students spend half a semester of Constitutional Law learning about it.  In the early 20th Century, the Supreme Court began to issue rulings holding that the Due Process Clause specifically applied individual provisions of the Bill of Rights against state governmental acts.  The Supreme Court reasoned that many of the rights in the Bill of Rights were an essential part of the “liberty” protected under the 14th Amendment.

In 1940, the Supreme Court held (without much controversy) that the 14th Amendment’s protection of liberty included the right to the free exercise of religion, and that state governments could not interfere with it.  In 1947, the Supreme Court held (more controversially) that the 14th Amendment similarly applied the prohibition against the establishment of religion against the states.  This was controversial since the First Amendment was partially enacted to protect the individual state-established churches at the time of the founding from specifically federal interference, and because many thought the Due Process Clause was chiefly concerned with the protection of individual rights, which isn’t exactly the point of the Establishment Clause.  Furthermore, with the federal Establishment clause applied strictly to the states, a number of traditional state activities in favor of religion (learning the Bible in public schools, prayer in schools, monetary aid for churches, missionaries, and charities) would swiftly be made illegal.  This is precisely what happened.

The Results

Following the application of the Establishment Clause to the states, almost every state law relating to some kind of moral position most commonly held by Christians was stricken down by the Supreme Court when challenged.  The right of states to enact a (however imperfect) Christian vision of the Common Good was absorbed by federal secularism.

Now, without the anchor of Christian moral principles in our law, the choices of individuals to self-determine “the good” for themselves reign supreme.  Human nature being what it is, Roe and Obergefell are the natural results of such a political community.


11:04

The Future of the English Benedictines [Dominus mihi adjutor]

In the latest issue of the Tablet there is a brief article covering the recent Extraordinary General Chapter of the English Benedictine Congregation (EBC), which was held hard on the heels of the first ever EBC Forum, of over 30 EBC monks and nuns aged under 55 elected by all 13 communities. Representing Douai Abbey […]

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04050607080910
11121314151617
18192021222324
25262728293001
March 2011
MonTueWedThuFriSatSun
28010203040506
07080910111213
14151617181920
21222324252627
28293031010203
November 2010
MonTueWedThuFriSatSun
01020304050607
08091011121314
15161718192021
22232425262728
29300102030405
August 2010
MonTueWedThuFriSatSun
26272829303101
02030405060708
09101112131415
16171819202122
23242526272829
30310102030405
June 2010
MonTueWedThuFriSatSun
31010203040506
07080910111213
14151617181920
21222324252627
28293001020304
January 2010
MonTueWedThuFriSatSun
28293031010203
04050607080910
11121314151617
18192021222324
25262728293031
December 2009
MonTueWedThuFriSatSun
30010203040506
07080910111213
14151617181920
21222324252627
28293031010203
November 2009
MonTueWedThuFriSatSun
26272829303101
02030405060708
09101112131415
16171819202122
23242526272829
30010203040506