Canon 455 §4. In cases in which neither universal law nor a special mandate of the Apostolic See has granted the power mentioned in §1 to a conference of bishops, the competence of each diocesan bishop remains intact,
nor is a conference or its president able to act in the name of all the bishops unless each and every bishop has given consent.
My questions in regard to this document are:
- Is there someplace in universal law where the USCCB or the President of the USCCB has been given the competence to issue this document in the name of the US Bishops?
- Is there a special mandate of the Apostolic See authorizing the USCCB or the President of the USCCB has been given the competence to issue this document in the name of the US Bishops?
- Did each and every bishop give his consent for this document to be issued in his name?
To the best of my knowledge, the answers to #1 and #2 are both “no.”
To the best of my knowledge, there are very, very, very few issues where there is a 100% vote on ANYTHING.
If the answers to each and every one of the above is not “yes,” then the document is not authoritative unless
your Ordinary says it is normative within **his
diocese. (the meaning of the statement (the meaning of the phrase, the competence of each diocesan bishop remains intact).
The Holy Father has spoken numerous times about conferences of bishops overstepping their bounds.
And, per John Paul II’s Motu Proprio,
Apostolos Suos,Taking into account that the authentic magisterium of the Bishops, namely what they teach insofar as they are invested with the authority of Christ, must always be in communion with the Head of the College and its members,(83) when the doctrinal declarations of Episcopal Conferences are approved unanimously, they may certainly be issued in the name of the Conferences themselves, and the faithful are obliged to adhere with a sense of religious respect to that authentic magisterium of their own Bishops.
However, if this unanimity is lacking, a majority alone of the Bishops of a Conference cannot issue a declaration as authentic teaching of the Conference to which all the faithful of the territory would have to adhere, unless it obtains the recognitio of the Apostolic See, which will not give it if the majority requesting it is not substantial. The intervention of the Apostolic See is analogous to that required by the law in order for the Episcopal Conference to issue general decrees.(84) The recognitio of the Holy See serves furthermore to guarantee that, in dealing with new questions posed by the accelerated social and cultural changes characteristic of present times, the doctrinal response will favour communion and not harm it, and will rather prepare an eventual intervention of the universal magisterium.
- The very nature of the teaching office of Bishops requires that, when they exercise it jointly through the Episcopal Conference, this be done in the plenary assembly. Smaller bodies —the permanent council, a commission or other offices—do not have the authority to carry out acts of authentic magisterium either in their own name or in the name of the Conference, and not even as a task assigned to them by the Conference.
The first sentence from the *Forming Consciences *document states:The Catholic Bishops of the United States are pleased to re-propose to our people Forming Consciences for Faithful Citizenship, **our teaching document **on the political responsibility of Catholics.
In light of Canon Law (Can 455 §4) and the above Motu Proprio, I question whether this document has the authority of a teaching (a/k/a magesterial) document, either on behalf of all the US bishops or even on behalf of the conference itself…