Wednesday, September 11, 2013
Constitution Day lecture in Springfield
Justice Scalia Praises the Separation of Church and State
Justice Scalia recently gave some remarks at the Lanier Theological Library in Houston, Texas, remarks that have been reported and commented on in several places. Ostensibly the speech was about whether capitalism or socialism is more consistent with Christian virtue.
But I was there and heard the lecture in its entirety; and it sounded to me like Justice Scalia lavished praise on the separation of church and state. One consistent theme repeated several times by the Justice--at both the beginning and the end of the talk--was the patent unimportance of the titular subject. For the Christian, Justice Scalia said, the choice of one's political ideology (the choice between capitalism and socialism, for example) is about as consequential as the choice of one's toothpaste. One does not choose a political ideology either to become a better Christian or to inspire greater Christian virtue in others, and certainly not to inspire Christian virtue in government. Christ was not interested in government or its machinations. These are all issues that ought to be small beer for the Christian.
The lecture was cleverly keyed to sound pleasingly evangelical notes. When you're in Texas, after all, you'd better swear you hate the Redskins, and Justice Scalia knew well enough to say so. The Justice emphasized a familiar and important set of ideas that has long supported one hoary strain of the American separation of church and state with deep Christian roots: that the cities of God and man are and forever will remain apart.
After which, in response to an audience question about the area of law done greatest disservice by the Supreme Court, he thought for a moment, and replied, "The Establishment Clause." Christian law and politics watchers, take note.
For a just and lasting peace . . .
Event on The Tragedy of Religious Freedom in NYC
For those of our readers close by Manhattan, I hope you might consider joining me on the evening of September 25 at the Harvard Club of New York City (27 W. 44th Street) for a discussion of The Tragedy of Religious Freedom. The event begins at 8:00 pm. My friend and colleague, Mark Movsesian, will be the master of ceremonies.
Please stop by and say hello.
Tuesday, September 10, 2013
"Evangelicals and Catholics Together on Law: The Lord of Heaven and Earth"
Well, it's been a long time coming -- about 8 years, I think, when Bob Cochran and I met in New York with Fr. Richard Neuhaus -- but "Evangelicals and Catholics Together on Law: The Lord of Heaven and Earth" is now out. You can get it, thanks to the Journal of Christian Legal Thought, here. (It will also be published in Villanova's Journal of Catholic Social Thought). The document is called “Evangelicals and Catholics Together on Law”, and it is signed by a dozen or so legal scholars from both faith groups.
Over the last eight years, many of us met at several meetings to get to know one another, learn about our histories, and draft this document. We had some amazing collaborators. We met for a weekend at Notre Dame with historians John McGreevy and George Marsden. They traced our communities’ history of conflict (mostly) and collaboration (more recently) on the subject of law. Then we met at Pepperdine with philosopher/theologians Bradley Lewis, Dallas Willard, Joan Lockwood O’Donovan, and Oliver O’Donovan. They helped us think through both our overlapping and conflicting ideas about law. Then we met for major drafting sessions at Villanova and New Orleans. The major drafting oars went to (volunteers) Patrick Brennan and Bill Brewbaker. The attached document is the product of their work, with input from the broad range of people who attended our meetings and commented on earlier drafts. And, at law year's Lumen Christi / Christian Law Professors Fellowship meeting at the AALS, we had a really productive panel at which scholars from a variety of faith traditions reacted to, and thoughtfully criticized, the statement.
Please consider reading the statement and sharing it. Future issues of the Journal will be publishing some responses to it.
Tradition, traditions, "traditional" . . . and marriage
Rape in prisons
Monday, September 9, 2013
Social Justice, Economic Literacy, and the Minimum Wage
One of the challenges to achieving social justice by including a significant measure of government regulation of the private sector is to ensure that the secondary economic effects are considered in advance and do not threaten to undermine the primary effects sought to be achieved. Until recent years, the bishops in the United States had a tendency to endorse government-centric platforms for social justice with little attention to or awareness of economic incentives, disincentives, collateral consequences, etc. In more recent years, the bishops have appreciated the necessary prudential judgment that goes into evaluating the right mix of public and private, government and charitable, regulatory and market elements toward the end of reducing poverty and enhancing human thriving.
Yesterday's guest column on the economic consequences of increasing the minimum wages in the Minneapolis Star Tribune by Michael J. McIlhon, who teaches economics at Augsburg and Century Colleges here in the Twin Cities, ought to be required reading for anyone who aspires to "economic literacy" in public policy discussions.
McIlhon cites the "11th Commandment" in economics, which is "Thou shalt ever do only one thing." The point is that by doing one thing, one inevitably does another as well (and another and another). If the government mandates that employers provide health insurance to full-time employees, especially an expensive menu of prescribed coverage, while the result may be that some employees receive health care who did not have it previously, the other result will be that employers to remain competitive in labor costs will move more employees to part-time status and hire fewer full-time employees. If the government requires that employers provide guaranteed leave for health or childbirth reasons, fortunate employees may enjoy that new benefit, while the employer likely will have to make adjustments in benefits or salaries or in overall number of employees to offset that cost.
And if the government increases the minimum wage that must be paid to employees on the lowest end of the pay scale, who overwhelmingly are those with less education and lower skill sets, some employees will receive higher wages while other employees will be laid off and still other potential employees will never be hired. Indeed, as even advocates of a minimum wage generally must acknowledge, the calculation for the benefits to some of the increase always must include the number of jobs to be lost and not created as a consequence of increasing the cost of unskilled, low productivity labor.
Thus, while economists tend to differ about a lot of things, there is near unanimity that, as McIlhon describes it, "a minimum wage is a very bad antipoverty tool, poorly focused with some ugly side effects":
The National Bureau of Economic Research recently published work in which the authors find “no compelling evidence” that minimum wages raise household incomes. They found that the “disemployment effects” on some household incomes (the loss of a job or the inability to find a job at higher mandated wages) more than offset the income effects in other households of higher wages for those who manage to keep their jobs. Since both these effects are concentrated in lower-income households, the authors conclude that minimum wages simply redistribute income among low-income families, that they “help to raise the level of income above the poverty line in some families, but push income below the poverty line in others.”
Indeed, the problem with a raise in a minimum wage is worse than the immediate effect of simply redistributing income among the poor. By thereby suppressing the labor market for uneducated, low skill workers, many people and especially teenagers will be left unemployed and deprived of the experience and skills training of a low-wage job as "the first rung on the productivity ladder."
Again, you can read the rest of this lesson in economic literacy here.
Immigration and the Next America: Part I
In “Immigration and the Next America: Renewing the Soul of Our Nation,” Los Angeles Archbishop José Gomez puts the immigration debate into the larger context of who we are as an American people. Immigration reform, he says, must be “part of an even more comprehensive reform – a project for American renewal aimed at forming a new national identity and civic culture dedicated to the universal values of promoting human dignity, freedom, and a community of the good.”
Gomez understands the frustration born of the lack of leadership in Washington on the immigration issue. He also sees immigration as a “flash point” over the “deeper anxieties” we feel about the future of our country. But, he sees cultural elites, not Hispanic immigrants, as the real threat to America’s future. America’s renewal requires challenging “the secularist, multicultural, and relativist consensus that in recent decades has taken hold among elite thinkers and opinion-shapers in our universities, cultural centers, and government.” Suspicious of our founders’ motives, these elites are “skeptical about the ideals of citizenship and integration around a common national identity,” preferring “a kind of anarchy of diversity” where no one has “obligations to anyone but themselves.”
The Archbishop offers a different vision: “We need to restore the ideal of citizenship based on integration and Americanization. Immigrants would be welcomed within a civic framework built on a common American story and universal values.” He would promote “broad expectations for citizens – including the understanding that individual rights presume common duties; and that freedom doesn’t mean doing whatever we want, but instead means doing what is true and beautiful and good.”
Tune in soon for Part II of this review: “The Forgotten Piece of the American Story.”
Sunday, September 8, 2013
Bartrum Reviews "The Tragedy of Religious Freedom"
Ian Bartrum (UNLV Law) has posted a very generous review of The Tragedy of Religious Freedom (forthcoming in the Journal of Church and State). I wish I could say that I disagreed with the sharp and smart criticisms of the book in Ian's review; but actually, I found myself quite in agreement with them. Still, I hope you will forgive me for quoting from a not-so-critical section:
DeGirolami's is a thoughtful and sophisticated meditation on the protean relationship between law and faith in a society committed to religious freedom. His intellectual and cultural influences are broad and rewarding; his style is rich and accessible; and his critique of both theoretical foundationalism and skepticism is profound and compelling. The Tragedy of Religious Freedom is an important book that will undoubtedly influence and enrich this discussion for years to come.
