The Long Road To Papal Self Destruction

The legal back-and-forth over the Vatican’s position on the sexual abuse revelations seems to Americans bizarre. While certainly the Catholic Church has a large contingent, we are a traditionally Protestant nation and after ditching the Anglican’s after the Revolution, the whole question of a Church being able to deny the right of civil authority to prosecute one of its representatives for criminal acts was swallowed up in the strident secularism that, despite the current revisionist rhetoric of a very loud activist minority, characterized the first century of the Republic. Even American Catholics may be a be fuzzy on how the Vatican can try to assert diplomatic immunity for the Pope in order to block prosecutorial efforts. But the fact is, the Vatican is a State, just like Italy, Switzerland, Germany, or the United States. The Pope is the head of a political entity (technically, the Holy See, but for convenience I use the more inclusive term Vatican), with all the rights and privileges implied. The Vatican has embassies. They have not quite come out to assert that priests, being officials (and perhaps officers) of that state, have diplomatic immunity, but they have certainly acted that way for the past few decades as this scandal has percolated through the halls of St. Peter. It would be an interesting test if they did, to in fact allow that attorneys generals, D.A.s, and other law enforcement agencies have absolutely no legal grounds on which to prosecute priests. To date, the Vatican has not gone there. So what is the political relationship between, say, the Vatican and the United States? From 1797 to 1870, the United States maintained consular relations with the Papal States. We maintained diplomatic relations with the Pope as head of the Papal States from 1848 to 1868, though not at the ambassadorial level. With the loss of the Papal States in 1870, these relationships ended until 1984, although beginning in 1939 a number of presidents sent personal envoys to the Holy See for specific talks on various humanitarian issues. Diplomatic relations resumed January 10, 1984. On March 7, 1984, the Senate confirmed William A. Wilson, who had served as President Reagan’s personal envoy from 1981, as the first U.S. ambassador to the Holy See. The Holy See in turn named Archbishop Pio Laghi as the first Apostolic Nuncio (equivalent to ambassador) of the Holy See to the U.S. The Pope, as head of the governmental body—the Holy See—has the status of head of state. Arresting the Pope—even issuing a subpoena—is a problematic question under these circumstances, as he would technically enjoy immunity stemming from his position. The question, however, more to the point is the overall relationship of the global Church to the Vatican and the prerogatives the Pope and the Holy See seem to believe they possess in the matter of criminal actions and prosecutions of individual priests, bishops, even archbishops. That requires going back a long time. At one time, the Holy Roman Church held secular power and controlled its own territories, known as the Papal States. When this “country” was established is the subject of academic study, but a clear marker is the so-called Donation of Pepin. The Duchy of Rome was threatened materially by invading Lombards, which the Frankish ruler Pepin the Short ended around 751 C.E.

Continue ReadingThe Long Road To Papal Self Destruction

We need a monarch.

I hate to sound like a Tea-Party nutbag, but I really love the United States' Constitution. As I've mentioned before, I'm a free-speech fanatic. I love the Constitution's sharp focus on individual liberties, its emphasis on the rights of the accused, and that grade-school-civics favorite, the checks and balances of power. I despair when these ideals meet real-life sacrifices, especially glaring ones like, oh, the utter lack of Congressional declarations of war since WWII. I also don't like to sully the document's purity with excessive amendments, interpretations and adaptations. No Defense of Marriage Amendment, please, but while you're at it, no marriage at all (it violates the establishment clause, you see). But don't call me a Scalia-esque strict constructionist. If I could, I would copy-edit the otherwise brilliant Constitution and correct a centuries-old omission with no qualms: I would give the United States a monarch. It probably seems unamerican, undemocratic and all-around anti-freedom-y to propose that we foist an unquestioned figure to the crown of government. It probably sounds old-fashioned, all uppity and needlessly symbolic and European. I know it does. It's exactly my point.

Continue ReadingWe need a monarch.

Problems with heavily monied judge elections

At Raw Story, Adam Skaggs warns that bigger money than ever will be pouring into judicial elections in light of the recent U.S. Supreme Court ruling of Citizens United. He also offers some good suggestions:

[S]tates should adopt public financing systems for judicial elections (something West Virginia, North Carolina, New Mexico, and Wisconsin have already done). Public financing gets judges out of the unseemly business of dialing for dollars to make sure they win. States also need to adopt stricter disclosure rules, so the public knows which individuals and groups are spending in judicial campaigns. And states should institute new disqualification regulations to ensure that, if a judge is assigned to hear the case of a major campaign supporter, he or she must step aside and let a wholly impartial judge preside.

Continue ReadingProblems with heavily monied judge elections

Five minutes is all it takes to help cap Missouri payday loans at 36%

As I indicated here, Missouri is considering a 36% rate cap for payday loans. Currently, payday lenders often charge 400% and 500% interest on such loans that are financially devastating to the poor and the working poor (Missouri’s 9% “usury” cap does not apply to payday loans). Bill 2116 is now pending before The House Committee on Financial Institutions, which is chaired by Republican State Representative Mike Cunningham. This important bill will not get a hearing unless Mr. Cunningham decides to grant a hearing, at his discretion. This single bill, HB 2116, “combines two bills filed by Representative Mary Still in January into one bill dealing with both annual percentage rates (APR) caps and restrictions of nursing homes offering payday services to employees.” Here’s how you can help. Please consider writing to Mr. Cunningham today, requesting him to hold a hearing regarding Bill 2116, to consider capping Missouri payday loans at 36% interest. Your letter can be two sentences, or you can spell out your reasons in more detail. Mr. Cunningham can be reached at mike.cunningham@house.mo.gov . His snail mail address is:

Representative Mike Cunningham 201 West Capitol Avenue, Room 411-2 Jefferson City MO 65101 Office Phone: 573-751-3819 Fax: 573-526-1888 Even a small number of emails, faxes or letters will make a big difference. If you want to be part of a citizens’ movement cap interest rates of payday loans at 36%, please take a moment to write to Mr. Cunningham. I can’t emphasize enough that your single email, fax or letter could be the difference between this bill getting a hearing, or nothing being done. As for the detailed reasons for imposing a rate cap, see my earlier post on the proposed legislation. I have also inserted (below) a letter written by John Campbell (an attorney with whom I work). Thank you so very much for considering this. Please do consider sending me a copy of any emails you send to Mr. Cunningham. [Letter from John Campbell to Mr. Cunningham]

Representative Cunningham:

I am writing to request that the House Committee on Financial Institutions grant a hearing on Bill 2116, a bill to limit the interest rate on payday loans to 36%.

I have extensive personal experience with payday loans. I am an attorney, and I spend much of my time representing consumers. In the course of my practice, I have talked with dozens of payday loan borrowers. Their stories are remarkably similar. Payday loan borrowers are generally low wage earners with high school degrees or less, and they are typically in desperate situations when they go to a payday lender. In my experience, payday loans lead to create a debt cycle that is difficult for most borrowers to escape.

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Continue ReadingFive minutes is all it takes to help cap Missouri payday loans at 36%