Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Friday, March 26, 2010

Catholic Stewardship, Deficit Spending, and "The National Debt Road Trip"

Around this time of year, we hear from our local bishop and our parish priest about the importance of "Stewardship."  Of course, the kind of stewardship they are talking about relates to wise use of our personal financial resources and our responsibility to share in the work of the Church by renewing our annual tithing commitments to the parish and to the annual diocesan appeal.

But the Catholic concept of Stewardship applies as well to our national spending practices, which threaten to bankrupt the nation (quite literally) and leave a mountain of debt and interest payments to our children.  In my nearly complete series on the Obama-Democratic health care legislation, I suggest that the plan is not economically viable and if fully implemented will be disastrous for our country.

My friends on the left side of Mirror of Justice and among its readers invariably protest that it is rather convenient for me to raise the debt alarm now the President Obama is in office.  Or, as the author of this delightful and starkly illustrated YouTube video puts it:  "When arguing against increases in the federal deficit, one of the biggest objections I've heard is 'George W. Bush was spending like Paris Hilton on a bender.'  Why the sudden concern with spending now the President Obama is doing it?"


Keep in mind that this video was produced nearly a year ago, that it was based on the Obama Administration's own projected deficits which already have proven much too low, that this illustration does not include the likely leap upward in deficits to be created by the health care legislation, and that the Congressional Budget Office is now warning (here and here) that the Obama deficits will more than double the national debt from where President Bush left us.  The CBO (which I've been arguing is underestimating the rate of spending on the Democratic Party's stimulus, health care, and other projects) reports that, under President Obama's budget, the national debt will rise to 90 percent of GDP, nearly the level of World War II deficits and moving into the range of such insolvent nations as Greece.

Yikes!  Talk about riding in a car with a stuck accelerator!  Any chance of a recall?

Greg Sisk

Health Care Reform (4): The Political Sustainability of the Legislation is Undermined by Its Partisan Approach and Public Opposition

[This is the fourth in a series.  You can view the full series on one page here.]

Understandably anxious about having passed a narrowly partisan bill – steered through by an unpopular congressional leadership and signed by an unpopular president over the opposition of most Americans – President Obama and the Democratic Party now must try to make the political case to the American people that they knew what was best for us all along.

Toward this end, hopeful Democratic Party politicians have taken to citing other major social programs, such as Social Security and Medicare, as showing how controversial Democratic legislative initiatives become celebrated historical landmarks.  They claim that these legislative programs had also been passed by Democrats over Republican opposition.  In the same way, they argue, the American people will learn to love the new health care program and reward, rather than punish, the Democratic Party.

The Democrats are whistling past the political graveyard.  This new political spin is a political myth.  What happened this past week truly was unprecedented.  Never before has a major and potentially transformative social welfare initiative been enacted by Congress without broad-based bipartisan and embracing public support.  And, as a consequence, whether genuine health care reform will take effect remains uncertain.  Building and maintaining solidarity with the disadvantaged, for whom those future uncertainties are most dangerous, has been made far more difficult.

In 1935, when Social Security was enacted, Democrats did not force through a narrow partisan scheme over Republican opposition, even though Democrats enjoyed an overwhelming majority in Congress and had the enormously popular President Roosevelt in the White House.  In fact, Republicans voted for Social Security by a vote of 81-15 in the House and 16-5 in the Senate (here).  Republicans had preferred an alternative measure that would have created a true trust fund whose assets could not be withdrawn and applied to other government spending (what a blessing today if that alternative had prevailed).  Nonetheless, on the final vote, Republicans stood solidly behind Social Security.

In 1965, Medicare was enacted with nearly unanimous Democratic support and the support of nearly half of Republicans in Congress (70-68 in the House and 13-17 in the Senate) (here).  The legislation was promoted and signed by Democratic President Johnson who stood high in the polls as well, soon after his landslide victory in 1964.

By contrast, the Patient Protection and Affordable Care Act of 2010 was enacted on a strictly partisan vote by unpopular politicians and over public opposition.  In the House this past Sunday, all Republicans and 15 percent of Democratic representatives opposed the bill. The Democratic congressional leadership that cajoled and dealed and wheeled the legislation through to slender passage are held in such low regard by the public that one barely breaks into double digits and the other falls below it, with Speaker Pelosi at 11 percent and Majority Leader Reid at 8 percent (here).  President Obama has seen his approval rating plummet over his first year in office.  In the latest CNN poll, a majority of Americans now disapprove of the president (here). On the eve of the House vote, a CNN/Gallop reported that nearly 60 percent of Americans opposed the bill (here).

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Thursday, March 25, 2010

Health Care Reform (3): Fantasies About Spending, Revenues, and Economic Forecasts

[This is the third in a series.  You can view the full series on one page here.]

My apprehension about the future of this country as it is now being reshaped by the current administration and congressional leadership was well-expressed a couple of days ago by a man who is far more knowledgeable about deficits, government spending, and economics than I ever will be.  In the aftermath of the health care legislation vote, Indiana Governor and former federal budget director Mitch Daniels said:  “In a life of optimism about America and its future, this morning I am as discouraged as I can remember being.”

If my amateur evaluation set out below is even half-correct, and if the newly-enacted health care legislation actually is translated from paper into full implementation in the coming years, we risk national insolvency, the punishing debt levels of an impoverished third-world nation, an ongoing and permanent recession, sluggish employment, declining standards of living for everyone, fewer opportunities for our children.  “The End of the American Dream.”  Apocalyptic words.  Are they more than the pessimistic ramblings of a conservative suffering a post-health-care-passage hangover?  After you read what I ’ve set out below, you can judge for yourself.

In the closing days of the arm-twisting campaign to build a slender House majority for his health care bill, the Washington Post reports that President Obama “draped one arm over [Pennsylvania Democratic Representative Jason] Altmire’s shoulder, turned away from the others and leaned in close to his intended target.”  “‘Jason,’ Obama said. ‘We have to do this.  It is essential to bringing down the deficit.’”

I’m not sure what unsettles me more about this story.  That President Obama would cynically appeal to a Democratic representative from a moderate district reluctant to vote for a new big government entitlement program by snookering him into thinking this health care spending program would reduce the deficit?  (To his credit, Rep. Altmire didn't buy it and still voted “no” on Sunday.)  Or that President Obama might actually believe that his massive new spending program will reduce the size of the federal budget?  If it is the latter, then the Obama White House has become an Orwellian enclave in which “Spending = Saving”.

Congressional Budget Office Estimates:  “Fantasy In, Fantasy Out”

But, someone may protest, the non-partisan, independent Congressional Budget Office (CBO) put its gold seal of approval on the Patient Protection and Affordable Care Act of 2010.  We are told the CBO assured Democrats that the latest, “fixed” version of the health care plan would save trillions of dollars.  In fact, just a couple of weeks ago while campaigning for his health care agenda in Pennsylvania, President Obama asserted that the legislation “brings down our deficit by up to $1 trillion dollars over the next decade because we’re spending our health care dollars more wisely. . .  Those aren’t my numbers.  They are the savings determined by the Congressional Budget Office, which is the nonpartisan, independent referee of Congress for what things cost.”

Well, not to mince words, but President Obama was both wrong and disingenuous.  Even with the questionable premises underlying the CBO estimate, President Obama’s plan was supposed to save a little more $100 billion in the first decade, not $1 trillion.  Not only was President Obama wrong, he was exponentially wrong by a multiplier of nearly ten.  (Oh well, a trillion dollars, a hundred billion dollars; potayto, potahto, tomayto, tomahto.)  When called on the error, the White House insisted that President Obama meant to refer to the trillion dollars of savings projected for the second decade (although the CBO carefully notes that projections that far into the future are not reliable.)

Moreover, every CBO assessment of the budgetary impact of a legislative initiative is based on a set of assumptions, both those offered by the bill drafters and those made by the CBO in its ongoing economic forecasts.  In particular, when bill-drafters promise future congressional steps, however improbable they may be, the CBO must proceed accordingly.  Thus, as former CBO director Douglas Holtz-Eakin explained in a New York Times column, when it comes to CBO projections, “fantasy in, fantasy out.”

To spell it out, if the bill drafters tell the CBO to assume that Congress will pay for new spending by making cuts in popular programs and by raising taxes even during hard economic times, the CBO must assume that will happen.  “But,” as the Washington Post observes, “that falls apart if a future Congress finds the cuts or taxes too painful to handle and overturns them.”

(As I’ll address in more detail in tomorrow’s post, the likelihood that Congress will have the necessary discipline to stay the course is greatly diminished when one party pushes through a partisan agenda over the unanimous opposition of the other party and against a majority of the citizenry.)

With that understanding, let me outline just a few of the guesstimates and contingencies underlying the supposed deficit-reducing features of the Democratic health care legislation.  You the readers can decide whether these suppositions constitute hard-headed, real-world premises by those serious about controlling spending or Disney-esque fantasies.

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Catholic Teaching and Big Government

I appreciate the comments, both posted to the Mirror of Justice and by email, on my continuing series on what I believe are the serious flaws in the health care legislation enacted this week, as well as my hopeful suggestion that the potential is still out there to do it right (Post 1 and Post 2).  (I'll post the third in the series, on the fiscal implications of the health care bill, this afternoon.)  I especially welcome my colleague Rob Vischer's direct engagement, asking "is the Church opposed to big government?"

I am tempted to respond simply, well, if the Church isn't yet opposed to big government, it should be!  But the better answer is more nuanced than that, even if one believes, as I do, that our Catholic-grounded belief in the dignity of each human person and in the liberty that God bequeaths to all of us should lead to a presumption against government solutions when adequate alternatives are available.

I agree with Rob that the judgment as to the best mix of government and alternative public solutions to problems calls on prudence and that these are judgments on which reasonable, faithful Catholic can and will disagree.  (I would add, as well, that this prudential judgment includes the decision about which matters of human relations should be left to individuals, families, neighborhoods, employers and employees, private intermediary groups, etc. rather than calling for public mandates or legal regulation of any kind.)  For some things, such as national defense, "big government" appears to be the best solution, or at least is inevitable.  For other "big" things, such as interstate highways and government buildings, government is a necessary part of the partnership, in terms of planning and funding, but the actual construction is better accomplished through contracts with private enterprises rather than creating government construction companies staffed by government construction workers.  For social welfare programs, again, the right mix is one that deserves thoughtful debate, with those on both sides still being comfortably under the big tent of Catholic social teaching.

I do want to submit, however, that all things being equal (in terms of quality solutions to social problems, effectiveness in administration, cost, etc.), we should presume against "big government" solutions and prefer partnerships with private enterprise and voucher-type programs.  And we should do so not only for the most nitty-gritty of practical reasons but as a matter of moral principle.  Let me identify five reasons why I think this is right:

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Two Cheers for Bart Stupak

Departing for a moment from my series of posts on the health care reform legislation, I wanted to add a word of support for Michigan Congressman Bart Stupak, even though I think he stumbled at the finish line.

I do think he made an error in judgment in accepting President Obama's dubious executive order as justifying withdrawal of his objection to the inadequate abortion language in the Senate version of the health care reform legislation and agreeing to cast his vote for the bill. But, while mistaken in my judgment, he made a call on the fly, his heart was always in the right place, and he has a solid record of principled support for the sanctity of human life. His ultimate vote for the health care legislation is not an act of deliberate betrayal, as he had always been on record as supporting the merits of that proposal. And, for that matter, the Obama executive order may prove to have some value, as it at least puts this White House on the record about use of federal funds, even indirectly, for abortion and about the need for a conscience clause for medical providers opposed to abortion.

Would it have been better if he had stood firm, even to the bitter end? Yes, which is why he gets two cheers and not three from me. But as far as I am concerned, and even with my disagreement over the wisdom of bargain with the White House, Rep. Stupak remains a member in good standing of our diverse pro-life community. At any dinner of pro-life leaders, I would be proud to have Rep. Stupak at my table.

Greg Sisk    

Wednesday, March 24, 2010

Health Care Reform (2): Yes, Virginia, This Really is the Gateway to a Government Take-over of Health Care

[This is the second post in a series.  The first post is here.]

Among other defenses of the health care legislation and responses to supposed exaggerations by its opponents, President Obama and the Democratic leadership in Congress insist that the now-enacted plan is not radical, not “socialistic,” not the introduction to a new era of big government.  They emphasize that the bill not only does not create a single-payer government system for all, but that the final version does not even include the controversial public option of a government-created insurance company to compete with private health insurers.

On closer examination of the Patient Protection and Affordable Care Act of 2010, however, President Obama and the Democratic leadership have greatly expanded the size and power of the government, turned aside alternatives measures that would have harnessed the private sector and limited government, and implemented a heavy-handed and bureaucratic regulatory regime that pushes the country well down the slippery slope toward that all-government plan.

Consider four prominent elements of the 2010 health care legislation that take a major step in the direction of a government take-over of more than 17 percent of our national economy:

Government Coverage of the Uninsured:  Of the 32 million more Americans to be covered under this legislation, the assumption is that well more than half of them (which is probably a gross under-estimate) will be folded into the already out-of-control Medicaid program.  Now Medicaid (a financial partnership between the federal government and the states) is a government-run health program, no ifs, and, or buts about it.  Thus, deliberate expansion of Medicaid rather than greater use of market incentives and tax cuts unavoidably counts as a “big government” initiative.

Government Mandate of Individual Purchase of Insurance:  The Democratic health insurance legislation requires every adult American to purchase health insurance, starting in 2014, whether he or she wants to or not.  In and of itself, this government command is a heavy-handed intrusion of government into our private lives.  Not incidentally, this part of the law is to be enforced by the hiring of tens of thousands more Internal Revenue Service agents.  I don’t want to overstate the coercive nature of the individual mandate provision, because I’ll describe tomorrow how soft and vulnerable it is which thus makes it highly unlikely to achieve the economic benefits assumed by the bill drafters.  Nonetheless, the growth in government employment accompanying this measure is manifestly a boost in the size of the federal government.

Government Regulation of Employers:  By 2014, every employer with more than 50 employees must offer health insurance or pay penalties.  Rather than looking for a private market mechanism, combined with tax credits and incentives, to free health care provision from a connection with employment and give all us portable coverage, President Obama and the Democratic leadership preferred to impose the burden through greater mandates on and regulation of private employers.  Even aside from the likely slow down in hiring as employers worry about the costs of providing health care coverage (even with partial tax credits to certain employer), this provision also requires new troops of government employees to monitor employer’s provision of health care, evaluate whether the coverage meets guidelines, and mete out penalties.

Government Regulation of Insurance:  While public attention primarily has been drawn to those provisions that regulate health insurance providers by requiring coverage of preexisting conditions or allowing adult children to remain on parents’ coverage until age 26, the legislation imposes a far more pervasive regulatory scheme than is generally realized.  Under the health care legislation, health insurance providers that participate in the planned “exchanges” as a one-stop shopping center for consumers will be required to satisfy certain federal law standards for platinum, gold, silver, and bronze packages, thus greatly restricting the diversity of coverage options now available to consumers and likely increasing premiums as well.  Here too, greater government oversight means more federal government operations.

This regulatory scheme will foster the growth of government in two ways, one immediate and the other likely in the future:  First, as noted, regulation requires regulators, which again means hiring more federal government employees.

Second, because of the increase in expensive requirements for health insurance coverage in health care, as in the rest of economic life, there is no such thing as a free lunch and the failure of the bill to include meaningful health care cost containment measures, private insurance carriers may be pushed to the breaking point.  While President Obama and the Democratic leadership demonized the insurance companies for cynical political gain during this debate, the reality is that most health insurance companies realize a profit margin under five percent (here and here).  That’s not an unhealthy margin (I know, it’s a pun), but neither is it a margin that can sustain major additional burdens without a reversal.

Especially if the mandate for every individual to buy insurance and thus expand the insurance pool proves inadequate (a point I’ll address tomorrow), the 2010 health insurance coverage may force private health insurance companies out of business or necessitate that they hike premiums.  The public reaction may be to call for a government-run plan as a more palatable alternative.  And I don’t believe for a moment that the negative incentives of the legislation that would prompt a future push toward a government system went unnoticed by President Obama and the Democratic leadership in crafting this particular legislation.

My opposition to the unwarranted emphasis on big government solutions in the 2010 health care legislation goes beyond prudential concerns about efficiency and cost to the public, although those factors obviously are important and contribute to the lack of economic viability for the plan (as I’ll discuss tomorrow).  As a matter of principle, grounded in Catholic teaching about liberty, human dignity, and human thriving, I regard this plan as dangerously fostering dependency on government, as suppressing our liberties in making economic and health care choices independent of government guidelines, and as enhancing the power of government employee unions that convert government itself into a special interest contrary to the common good.

Those who dismiss complaints about a loss of liberty through a new government initiative often assume such objections are nothing more than the tired repetition of the old Barry Goldwater aphorism:  “The Government that big enough to give you everything you want is also big enough to take it all away.”  While one ought be cautious before assuming that expansion of government power never creates risks of tyranny, my fears are more pragmatic and cultural in nature.  Rather than a reign of terror by a totalitarian regime enforced by secret police, I fear instead that our economic prosperity and individual liberty may be smothered under a suffocating blanket of law, regulation, and bureaucratic oversight.

Nonetheless, the objection still might be raised to my complaints, whatever the health care legislation may mean with respect to the growth of government and bureaucracy, it simply did not impose a national government-run health system or public option insurance plan.  But that this health care legislation could have been even worse is not a point in its favor.

A disabling blow to the body may not always be exhibited by a gaping wound and a hemorrhagic rush of blood.  When I worry about the injury to the body politic posed by the health care bill expansion of government, I am reminded of Mercutio’s dying words in Shakespeare’s Romeo and Juliet:  “No, ‘tis not so deep as a well, nor so wide as a church-door; but ‘tis enough,’twill serve.”

[Tomorrow:  Fantasies about government spending, revenues, and economic forecasts]

Greg Sisk  

   


Tuesday, March 23, 2010

Health Care Reform: Not the Time for a Victory Lap

President Obama, Speaker Pelosi, the Democratic Party, and our friends on the left side of the Mirror of Justice community understandably are in a celebratory mood.  I wish that I could join them.  As the House of Representatives enacted his health care agenda by a thin margin, President Obama said:  “In the end, what this day represents is another stone firmly laid in the foundation of the American dream.”  Oh, would that it were so!

I instead find myself deeply depressed about the lost opportunity to establish access to quality health care on a stable foundation, about the considered drag on a weakened economy imposed by a government- and regulatory-heavy bill, about the huge debt burden that will be left to our children by a fiscally reckless approach, about the impoverished economic opportunities and the decline in health care choices that will be available to my daughter and future generations of Americans, and about the uncertain future for genuine health care reform.

For those who have supported this legislation on the Mirror of Justice, I recognize that they admirably see in it the promise of greater access to health care for millions of Americans presently unable to afford health insurance and greater security in health care coverage for those who presently have health insurance.  With our shared Catholic commitment to the human dignity of every person as created in the image of God, we all earnestly hope for the availability of quality health care for everyone in our society.

But, sadly, I conclude that the flawed and precarious legislation enacted this past weekend turns the promise of quality health care for all into a hollow hope.  I fear that the prospect for sustainable health care reform is even more fragile than it was last week.  My hope now is that, as the weaknesses in this bill become manifest over the next few years and as the reckless risks taken by this irresponsible approach begin to be realized, we will find a way to salvage the promise of genuine health care reform.  My fear is that we are more likely to simply abandon the effort out of exhaustion.

After staying up past midnight on Sunday to hear some of the debate and watch the final vote tallies in the House of Representatives) , I confess to feeling fatigued and saddened (and not just because it was past my bed-time on a school night).

I was astounded that the party which calls itself “Democratic” was so intent, indeed openly proud, to ram through a narrow partisan approach to a major social problem without any hesitation or reconsideration and over the opposition of nearly 60 percent of Americans (CNN poll pdf here).

I was disappointed that President Obama and Speaker Pelosi made the audacious determination to enact the most liberal (that is, the biggest government) health care bill for which they could assemble a slender majority through party pressure, cajoling, and back-room deals (here and here).  In so doing, President Obama squandered the unusual opportunity offered by the political upset in the Massachusetts Senate race to instead frame a stable, fiscally responsible, and politically inclusive set of policies with a better chance to succeed in the long-run.

Over the past few weeks, we have had a robust debate on the Mirror of Justice about the meaning of the health care legislation for the sanctity of unborn human life.  In my view, aside from the doubtful protection against use of taxpayer funds directly or indirectly for abortion, there is only one other thing wrong with the Democratic health care legislation — just about everything else in the bill.

To continue this debate, to ward off the fatigue, and to invite responses arguing that I am wrong, I plan to offer a series of posts over the new few days, with comments turned on starting with tomorrow’s dispatch.  In these posts, I will submit that the enactment of Obamacare by the Democratic majority in Congress was not a promising beginning to health care reform.

Having said that, I understand the reaction of many readers of Mirror of Justice exclaims:  “Arghh!!!  What do you mean by the ‘beginning’ for health care reform?”  Aren’t we finally at the end of the partisan wrangling, procedural gamesmanship, and mind-numbing debate?  Can’t we finally move on to other public business?

To be sure, President Obama and Speaker Pelosi triumphantly announced Sunday’s vote in the House of Representative as culmination of a century of efforts to enshrine quality health care coverage as a basic right for all Americans.  In his typically self-reverential and rhetorical excess, President Obama declared last September to a joint session of Congress:  “I am not the first president to take up [the health care] cause, but I am determined to be the last.”

What nonsense.  There never was any chance that the complex and constantly evolving set of policy, political, economic, and technical issues surrounding access to health care could be magically resolved for all time by a single piece of legislation enacted by any political party in any particular year.  In fact, the legislation enacted by the Democratic Congress on Sunday and signed into law today by President Obama is so defective that it guarantees that the health care mess will be passed on to the next Congress and the next President and the next generation (here).

Speaker Pelosi admonished the American people that “ we have to pass the bill so you can find out what is in it” (video here)  We have arrived at that day.  And, as the attentive knew in advance, the most significant elements of this legislation do not take effect for months or years and remain contingent on a series of future actions (read:  yet more political votes) by Congress over the next several years.

Consider just a couple of examples:  The extension of government-run health care to millions more Americans does not go into effect until 2013 and assumes that future Congresses facing unpredictable political and economic circumstances will carry through on appropriations bills to fund the program.  Likewise, the half-a-trillion dollars in cuts from Medicare that are to be used to subsidize universal health care coverage will have to be sustained by future Congresses, a prospect that is dicey at best.

Moreover, public opposition to this health care legislation — which was at a two-to-one margin on the day of enactment — is likely to grow as the regulatory impact of the bill begins to hit home with increased premiums for health insurance, as employment numbers continue to be sluggish because employers are worried about the additional costs of new government edicts, as higher taxes on investment slow the economic recovery, and as the specter unfolds in the news media of tens of thousands of newly-hired Internal Revenue Service investigators trying to impose thousands of dollars in fines on mostly young adults who fail to obey the federal mandate to buy health insurance.  As the outcry rises, elected politicians are likely to respond by trimming back, postponing, creating exemptions, etc.

And thus the house-of-cards known as Obamacare may collapse.

So, yes, we are at the beginning of health care reform, and the time for a victory lap is not yet arrived. Sadly, I believe this beginning step was so poorly-designed and economically and politically unrealistic that genuine health care reform may be smothered by future events and contingencies.

As I’ll suggest in a series of posts over the next few days , I submit there are three basic and fatal flaws in the Obamacare legislation:

First, the program and policy choices made by President Obama and the Democratic majority in Congress, focused as they are on government as the primary actor to offer and manage health care and failing as they do to address the most pressing problem of rising costs, were foolish, slanted, and imprudent.

Second, because the fiscal implications of the health care legislation depend on future difficult actions that Congress is unlikely to take and because the legislation recklessly and needlessly sinks the nation deeper into national debt, the legislation will not prove economically viable.

Third, because President Obama and the Democratic leadership forced their preferred legislative vehicle through on a party-line vote and over the opposition of a majority of citizens, the health care legislation will not be politically sustainable in the difficult years to come.

For this exchange, I'll turn on the comments.  At the least, through this exchange, maybe we'll all be better informed about why we celebrate or mourn.  And maybe I’m wrong so that other members of the Mirror of Justice or readers will give me reason to turn my frown into a smile.

As Ross Douthat writes in the New York Times (here):

[The liberals who supported this bill make] an assumption straight out of the golden age of ’60’s liberalism — that a bill this costly, this complicated and this risky can be made to work, so long as the right people are in charge of implementing it.

As a conservative, I suspect they’re wrong. But now that the bill has passed, as a citizen of the United States, I dearly hope they’re right. Indeed, I hope that 20 years from now, in an America that’s healthier, richer and more solvent than today, a liberal can brandish this column and say “I told you so.” Because the alternative would mean that we’re all about to be very sorry, and for a very long time to come.

“Experience keeps a dear school,” Ben Franklin said, “but fools will learn in no other.” Whether liberals or conservatives are the fools in this story remains to be seen. But school will be in session soon enough.

Greg Sisk 

Thursday, March 4, 2010

Bill Stuntz: "You Will Call, I Will Answer"

Bill Stuntz, Harvard law professor, nationally recognized scholar, devout Christian, and friend to many in the Mirror of Justice community, is interviewed on the Patheos web site.  As another friend of Mirror of Justice said in passing this link on to me, this is a moving and inspiring account of a faithful and faith-filled person who is openly facing the end of his life.  Rather than attempt to provide a synopsis or excerpts below, I encourage everyone to read the full interview here.

Wednesday, December 30, 2009

Reflecting on Church, State, Politics, Trends, and Values at St. John Lateran

Today was the last of our ten days in Rome with our extended Sisk and Gilchrist families, which we concluded with a visit to the Basilica of St. John Lateran. We thereby completed our pilgrimage to all four of the major basilicas in Rome (the others being St. Peter's, St. Mary Major, and St. Paul Outside the Walls). I am grateful for being able to spend this time in Rome, attending the Christmas Eve Mass in St. Peter's with thousands of the faithful from all over the world, visiting the four major basilicas, and seeing again many of the other churches and holy places in Rome that I have cherished (such as Santa Maria Trastevere and Santa Maria Sopra Minerva).

And I have been reminded at nearly every holy place that the Catholic Church has always struggled with its proper place in worldly society while also seeking to transcend time and place and point the faithful to the higher things.  Although I am very tired as we pack late in the evening for an early morning departure, and so I apologize if this post is poorly worded, I thought I would share these thoughts while they were fresh in my mind.

In each of the past twenty centuries, the Church has had the mission of being fully engaged with the particular society of a time and place by being a locus of coherent and integrated values, while always holding fast to the Deposit of Faith and passing on that tradition and revealed teaching through the Apostolic Succession. As sons and daughters of the Church, we on the Mirror of Justice also are confronted with the difficult task of upholding the continuing relevance of Catholic teaching for the peculiar problems arising in this particular time and place, while needing to remain sufficiently independent from political, cultural, and academic movements to be led by our faith rather than by our preferences or aspirations. Along with St. Paul, we seek “unity in faith and knowledge of the Son of God,” and want to avoid being “tossed one way and another, and carried hither and thither by every new gust of teaching (Eph 4:11-15).”

Of course, the Church has not always succeeded in every era in rising above temporal trends and temptations. From the Bronze Doors taken from the Roman Senate (Curia) in the Imperial Forum to symbolize the Church's political reign over Rome to the large statute of Constantine in the portico, the Basilica of St. John Lateran amply illustrates that the Church at times has been too willing to seek to exercise direct political power.  We should learn from the Church's failures as well as its successes.

We have the opportunity on this jewel of a web site to find a way toward a uniquely Catholic common-ground in which we resist accommodation to academic or political trends of every nature and ideology and seek instead to find and apply those more transcendent values that have carried the Church through twenty centuries.  Without becoming isolated from our communities and while being open to new insights into human nature and experience, we also need to remember – as one finds in the most moving and powerful of the icons and imagery and stories found in the holy places of Rome – that the Church typically is at its most effective as a counter-cultural witness for values.

As I sat today meditating in the Basilica of St. John Lateran, I found my eyes constantly returning to the statue of the basilica's namesake.  As rendered in the statute, St. John the Evangelist holds his quill with a waiting hand away from the book as he looks above and listens for the voice of God.  While I do not expect that any of our writing, either in academic venues or on the Mirror of Justice, will reflect the immediate revelation experienced by St. John, we too must remind ourselves to pause regularly and listen for the voice of God. We should never presume that what we say proceeds from the mouth of God, but neither should we ever write on matters of values and faith without opening our ears to that quiet and powerful voice.

Greg Sisk

Johannes_San_Giovanni_in_Laterano_2006-09-07 

 Statue of St. John at Basilica of St. John Lateran (photo by Marie-Lan Nguyen) 

Friday, December 25, 2009

Christmas Eve Mass in St. Peter's Basilica

Our family is spending this Christmas season in Rome, as a tribute to our parents, both my mother, Roberta Sisk, and Mindy's parents, Delbert and Theresia Gilchrist, who are celebrating their fiftieth wedding anniversary this year.

Yesterday, we all were privileged to attend the Papal Mass on Christmas Eve in St. Peter's Basilica (for which we express our appreciation to Father Peter Laird, the new Vicar General of the Archdiocese of St. Paul-Minneapolis, who requested tickets from the Vatican on our behalf).

By now, nearly every reader of the Mirror of Justice is aware that the Holy Father was knocked down by a mentally unstable woman as he proceeded up the aisle at the beginning of the Mass. The incident took place only about ten yards away from where we were sitting, although none of us were able to see what had occurred other than my daughter, Katie, who could see security gathering around and then a man being carried out of the basilica (who turned out to be Cardinal Roger Etchegaray who suffered a broken hip when knocked to the marble floor with the Pope.) I'm glad that I didn't see the security guards with their hands on their guns moving down the aisle, as that would have made me more apprehensive about what might be unfolding.

What may not have been fully conveyed by the news media is the remarkable reaction and response of the congregation as this episode unfolded, as well as the beauty and serenity of the rest of the Mass, despite the unsettling beginning. As the young woman vaulted over the rail and lunged at the Pope, those in the immediate area naturally gasped in surprise. But then complete silence fell over the entire basilica. We all remarked afterward how the reaction was so different than one usually experiences when something occurs in a crowd, typically a loud buzzing moving through the crowd as people describe what they had seen and discuss what it means and what may happen next. Instead, other than some whispering, everyone was prayerful and quiet, waiting for what seemed like a considerable time but instead proved to be only a couple of minutes. Cheers then rang out when he resumed his entrance.

When the Pope continued up the aisle, passing by our row, he did not look to be greatly shaken and returned to nodding and smiling at the worshipers gathered. The rest of the service was so beautiful and meaningful that we had nearly forgotten the interruption at the beginning by the time the Mass ended. The Holy Father recessed down the aisle, stopping to greet children in the congregation, before proceeding to the manger scene for the placement of the baby Jesus. While the eight of us will always remember that we happened to be there for the unfortunate incident, the focus of our conversation and attention afterward was on the Mass and the meaning of Christmas.

If there is a silver lining to the small cloud that overshadowed the beginning of the Mass, it may be that the news media has given more attention as well than usual to Pope Benedict's Christmas message, a call to turn away from selfishness and self-absorption and find spiritual fulfillment in God.

Greg Sisk