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I recently came upon an old letter in the Atlantic Monthly from 1928 aimed at the first Catholic candidate for president in the United States. The author is arguing that a Catholic cannot devoutly follow Church teaching and the requirements of the secular Constitution. Here’s an extended excerpt with the meat of the argument, though if you have time, the whole letter is worth reading.
Furthermore, the doctrine of the Two Powers, in effect and theory, inevitable makes the Roman Catholic Church at times sovereign and paramount over the State. It is true that in theory the doctrine assigns to the secular State jurisdiction over secular matters and to the Roman Catholic Church jurisdiction over matters of faith and morals, each jurisdiction being exclusive of the other within undisputed lines. But the universal experience of mankind has demonstrated, and reason teaches, that many questions must arise between the State and the Roman Catholic Church in respect to which it is impossible to determine to the satisfaction of both in which jurisdiction the matter at issue lies.
Here arises the irrepressible conflict. Shall the State or the Roman Catholic Church determine? The Constitution of the United States clearly ordains that the State shall determine the question. The Roman Catholic Church demands for itself the sole right to determine it, and holds that within the limits of that claim it is superior to and supreme over the State. The Catholic Encyclopedia clearly so declares: “In case of direct contradiction, making it impossible for both jurisdictions to be exercised, the jurisdiction of the Church prevails and that of the State is excluded.” And Pope Pius IX in the Syllabus asserted: “To say in the case of conflicting laws enacted by the Two Powers, the civil law prevails, is error.”
Extreme as such a conclusion may appear, it is inevitable in Roman Catholic philosophy. That Church by the very theory of her existence cannot yield, because what she claims as her right and her truth she claims is hers by the “direct act of God”; in her theory, God himself directly forbids. The State cannot yield because of a great mass of citizens who are not Roman Catholics. By its constitutional law and in the nature of things, practices of religion in its opinion inconsistent with its peace and safety are unlawful; the law of its being—the law of necessity—forbids. If we could all concede the “divine and exclusive” claims of the Roman Catholic Church, conflict would be eliminated; but, as it is, there is a wide consensus of opinion that those claims are false in fact and in flat conflict with the very being and order of the State.
In our constitutional order this consensus is bulwarked on the doctrine of the Supreme Court of the United States that our religious liberty and our constitutional guaranties thereof are subject to the supreme qualification that religious “practices inconsistent with the peace and safety of the State shall not be justified.” (Watson v. Jones 13 Wall. P. 579)
What are people’s opinions of this argument? In fact, most Catholic politicians ignore the bishops and behave just like, well, any other politician. But would a serious, devout Catholic president not be able to follow the Constitution?The Roman Catholic Church, of course, makes no claim, and never has made any claim, to jurisdiction over matters that in her opinion are solely secular and civil. She makes the claim obviously only when the matter in question is not, in her opinion, solely secular and civil. But as determination of jurisdiction, in a conflict with the State, rests solely in her sovereign discretion, no argument is needed to show that she may in theory and effect annihilate the rights of all who are not Roman Catholics, sweeping into the jurisdiction of a single religious society the most important interests of human well-being. The education of youth, the institution of marriage, the international relations of the State, and its domestic peace, as we shall proceed to show, are, in certain exigencies, wrested from the jurisdiction of the State, in which all citizens share, and confided to the jurisdiction of a single religious society in which all citizens cannot share, great numbers being excluded by the barriers of religious belief. Do you, sir, regard such claims as tolerable in a republic that calls itself free?