Category: News and Events

This week’s Acton Commentary from Rev. Gregory Jensen, “Finding the Balance: Privacy and the Civil Society,” is a thoughtful reflection on the place of privacy in our modern life.

I have recently made the claim that public persons, such as police officers and politicians, have a somewhat different claim to privacy than private persons.

This was especially in the context of controversy over the legality of videorecording police officers while on the job. Gizmodo follows up on a previous item (discussed here) with another one, linking to a Popular Mechanics article in which “Glenn Harlan Reynolds notes that mall cops may have a legal basis for asking you to put your camera away, public property (such as any sidewalk, street, or municipal area) is always fair game.”

The current situation is, apart from the special kinds of state-level legislation discussed in the previous post, that “Legally, it’s pretty much always okay to take photos in a public place as long as you’re not physically interfering with traffic or police operations.”

Thomas Jefferson’s long-forgotten theory of state nullification may have  found an ideal time for a resurgence, as the Tea Party and other groups advocate limited government as a solution to many of our current problems in health care, the economic crisis, our broken educational system, and the relentless expansion of government. The concept of nullification is simple, yet powerful: That individual states can and should refuse to enforce unconstitutional federal laws; and that the states, not the federal government, should have the final word on constitutional interpretation. The return of this “forbidden idea” (as its contemporary advocates sometimes describe it) represents not only an opportunity for small-government groups like the Tea Party to enact substantial change, but it also provides a unique opportunity those who are serious about a Christian social witness in public life to implement the principle of subsidiarity.

It is in this spirit that Dr. Thomas E. Woods, Jr. writes his newest book, Nullification: How to Resist Federal Tyranny in the 21st Century. Dr. Woods, who has authored two publications for the Acton Institute (the award-winning The Church and the Market and the monograph Beyond Distributism), as well as two New York Times bestsellers, now brings back the tradition of nullification into the public eye.

The seemingly radical idea of nullification flies in the face of nearly everything we have learned about the federal government and the Constitution: that federal authority always supersedes that of the states, that the Supreme Court has the final say on interpreting the Constitution, and that the only way to get rid of undesirable federal laws is to either have Congress repeal them or the Supreme Court overturn them.

However, Thomas Jefferson was convinced that if the federal government had a monopoly on interpreting the meaning of the Constitution, then there would be no certain way to constrain an unconstitutional expansion of its power. What if the constitutional system of checks and balances were to fail? What if, counter to the wishes of James Madison, ambition fails to counteract ambition, and the different branches of the federal government are able to cooperate in increasing the central government’s reach? Rather than wait two, four, or six years until the next election cycle, Jefferson thought, a more “rightful remedy” would be for states to simply declare that the laws in question violated the Constitution, and would not be enforced in said states.

He was not alone in this belief, as one can find the practice of nullification in the earliest years of the Republic. Kentucky and Virginia famously nullified the Alien and Sedition Acts of 1798. During Jefferson’s own presidency, northern states employed nullification against the total trade embargo imposed by the federal government. During the War of 1812, northern states once more passed resolutions nullifying any potential federal conscription acts. South Carolina passed resolutions nullifying the 1832 “tariff of abominations.” And in the 1850’s, free states frequently invoked nullification in an effort to combat unconstitutional aspects of the fugitive slave laws. Also interesting to note is that southern states did not invoke nullification to defend slavery.

To some extent, this practice continues today. As the Tenth Amendment Center thoroughly documents, dozens of states seek to propose legislation that would prohibit the federal government from enacting health insurance mandates, enforcing some federal gun lawsabusing the interstate commerce clause, and imposing cap-and-trade regulations, among other things. And though these efforts are still underway, supporters of nullification can already point to one success story: over two dozen states openly defied the Real ID Act of 2005, which imposed federal standards on state drivers’ licenses. Though the law is still “on the books,” so to speak, the federal government has given up on enforcement, due to the widespread and extremely overt opposition.

But what does all of this have to do with subsidiarity? At their core, the ideas of nullification and federalism that Dr. Woods invokes echo many of the same concerns that the Church raises in speaking of subsidiarity and the role of the state in society: that there needs to be a just division of responsibilities between different social orders. Social problems should be addressed at their lowest possible level. An unnecessary usurpation of power by, for example, the federal government, undermines the role that state governments should play in resolving some of their own domestic problems.

This principle is often invoked in religious discussion of public policy. The Catholic Church places such great emphasis on the principle of subsidiarity that the Compendium of the Social Doctrine of the Church lists subsidiarity as one of the four foundational principles of social teaching. The Church not only exhorts us to respect human dignity, respect the common good, and have solidarity with the poor, but also teaches that we should pursue these social goals in the proper context of subsidiarity:

It is impossible to promote the dignity of the person without showing concern for the family, groups, associations, local territorial realities; in short, for that aggregate of economic, social, cultural, sports-oriented, recreational, professional, and political expressions to which people spontaneously give life and which make it possible for them to achieve effective social growth [....]

On the basis of this principle, all societies of a superior order must adopt attitudes of help (“subsidium”) – therefore of support, promotion, development – with respect to lower-order societies. In this way, intermediate social entities can properly perform the functions that fall to them without being required to hand them over unjustly to other social entities of a higher level, by which they would end up being absorbed and substituted, in the end seeing themselves denied their dignity and essential place. (185-186)

One can certainly see a similar spirit in the intentions of the framers of the Constitution: the purpose of this founding document was not to provide a new kind of all-powerful entity lording over the states; rather, the states created the federal government in order to serve them as an instrument for promoting the common good – as the Compendium says, to provide “support, promotion, and development.” To discover this, one need look no further than the preamble of the Constitution:

“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

In the same way, subsidiarity dictates that higher orders (e.g. the federal government) exist to promote and assist lower orders (e.g. states) in developing and protecting the common good. But a political system in keeping with the principle of subsidiarity should have appropriate mechanisms to ensure that the abuse and usurpation of power does not take place. This makes the need for a revival of nullification all the more urgent.

Today’s Tea Party-ers eye with skepticism the intrusions of the federal government into all sorts of matters: guns, education, charity, health care, business regulation, etc. They clamor for change, and will certainly have a substantial impact on the coming electoral cycle. But advocates of limited government should also reflect on which strategies are most effective at introducing real and substantial change. Both Thomas Woods and Thomas Jefferson contend that waiting for a benevolent Supreme Court, President, or Congress is not the right way. States cannot trust the federal government to police itself. They must take a direct role in reeling back federal power. Nullification is the best way to concretely implement the principle of subsidiarity, restore true federalism, and strengthen a truly Constitutional rule of law.

His Eminence George Cardinal Pell, the Archbishop of Sydney, who delivered the keynote address at Acton’s 2004 annual dinner (full text here), has recently produced two notable commentaries: the first on global warming, the second on the Christian foundations of modern Western Civilization.

George Cardinal Pell, Archbishop of Sydney, Australia

First, the Cardinal responds to critics of his view that the frenzy over the magnitude of man-made climate change is overblown:

Vanishing Challenge

By + Cardinal George Pell
Archbishop of Sydney
18 July 2010

Humanly induced climate change was once “the greatest moral challenge of our age”.  No longer.  The hullaballoo is much less.

A politician referred my February article on global warming to the Bureau of Meteorology for comment. In a roundabout way they conceded the truth of most of my factual statements, but ducked the issue of Roman warming and claimed that “all available hemispheric to global scale analyses” suggest recent decades have been warmer than in the Middle Ages.  This is misleading.

Professor Ian Plimer, in Heaven and Earth: Global Warming the Missing Science (Connorcourt, 2009) cites the scientific evidence from pollen studies, drill cores and lake sediments to show that temperatures were 2 to 6°C warmer around the world in the period from 250BC to 450AD (the Roman Warming). Records from the time report citrus trees and grapes being grown in England as far north as Hadrian’s Wall, and olive groves on the Rhine. It was wetter and warmer, but sea levels were also lower. Areas which are now either forests (because it is cooler) or deserts (because it is drier – for example, the Roman provinces of North Africa) were growing crops.

Professor Plimer also cites scientific evidence from the Middle Ages.  Tree rings, boreholes, sediment cores from oceans and flood plains, pollen studies, peat bogs, ice cores, fossils and carbon chemistry show that temperatures were warmer throughout the world during 900-1300AD than they are now, by 1-2.5°C in different places. The amount of land used for agriculture increased. In Greenland, cattle and sheep were run and crops like barley were grown. Grapevines were grown in Newfoundland, and vineyards in Germany were grown 220 metres higher than the maximum altitude today. Roots and stumps in the Polar Urals suggesting the tree line there was 30 metres higher in 1000AD. The North Atlantic was free of ice, allowing the Vikings to travel to North America.

Warmer temperatures and higher rainfall during the Medieval Warming enabled societies and economic life to flourish. In Europe it saw the growth of cities, the establishment of universities, and a boom in cathedral building. China’s population doubled in the course of a century and records from China and Japan also indicate that they experienced warmer temperatures. The Medieval Warming also brought higher levels of water in lakes and rivers.

There was no industry in Roman or Medieval times.

Why were the temperatures higher?  What were the causes then and now?

Next are remarks delivered at a recent program of the Institute of Public Affairs, a prominent Australian think tank. Here, Cardinal Pell reminds us that the heritage of Western Civilization comes from its uniquely Christian character:

The Heritage of Western Civilization

Remarks at the launch of the Institute of Public Affairs’
Foundations of Western Civilisation Program
Stonington Mansion, Melbourne

By + Cardinal George Pell
Archbishop of Sydney

It is a privilege to speak at the launch of the IPA’s Foundations of Western Civilisation Program tonight, and I propose to begin my few words on “The Heritage of Western Civilization” by speaking about China. This is not because I believe that China must achieve economic supremacy (twenty years ago we were ascribing that honour to Japan) but because China is a radically different culture, nourished for two thousand years by the teachings of Buddha and Confucius before the destructive barbarism of Mao and the Red Guards; a nation which is now searching for the secrets of Western vitality and for a code or codes to provide decency and social cohesion that is compatible with economic development.

Let me give two examples, admittedly only two straws in an vast cyclone. (more…)

In the background of this month’s 11th General Assembly of the Lutheran World Federation, it’s important to recall the recent history of global Lutheranism.

The basic context is that Lutheranism has been self-understood as historically associated with social quietism, particularly as expressed in the church’s impotency in the face of the Nazi menace. One approach in answer to this has been to become correspondingly active in social causes.

This is, at least in part, we see such an emphasis on social justice issues at Lutheran ecumenical gatherings over the last few decades. This current gathering, for instance, is committed to focusing on hunger issues.

As the introductory ENI story relates, this move from social quietism to social activism is constitutive of the Lutheran ecumenical movement’s self-understanding.

German finance minister Wolfgang Schäuble said in Stuttgart yesterday, “It has been observed that the Lutheran heritage in Germany has tended to encourage individuals to be obedient subjects rather than active citizens.”

“Germans had to learn through a painful history that good government is the responsibility of all citizens. Protestant Germans in their majority took a long time to understand that this was also what their Christian faith demanded of them,” Schäuble told a 1200-strong ecumenical congregation.

Dietrich Bonhoeffer

Dietrich Bonhoeffer (1906-1945)

The ENI piece specifically cites Dietrich Bonhoeffer and his involvement in the Abwehr conspiracy, whose climax was reached in the Stauffenberg assassination attempt of July 20, 1944. Bonhoeffer certainly does have a great deal to teach us about social engagement, as his deep reflections on the nature of social life, from his first theological dissertation (Sanctorum Communio), to his reflections on communal life together at the theological seminary in Finkenwalde, to his Ethics.

What we see in Bonhoeffer, and what I try to communicate in my use of his work in the concluding sections of Ecumenical Babel, is a balanced approach that does not allow for secularization between church life and work life, for instance. But neither does it allow for the opposite error, the substitution of social activism for the Gospel proclamation itself.

This is the risk that Lutheran social engagement has faced over the last few decades, and the trap into which the LWF has often fallen. I pray that the invocation of the prayer for our “daily bread” at this gathering in Stuttgart will take up a balanced approach to work and wealth. But as I show in Ecumenical Babel, there is little precedent in recent history to suggest such balance.

Blog author: jcouretas
Tuesday, July 20, 2010
By

The birth of a new genre: econo-psychobilly bouzouki music. Opa, you all! For more great Merle Hazard tunes, check out his website. They don’t call him “The Man in Beige” for nothing. PBS NewsHour has more on the Nashville crooner. (HT: Calculated Risk)

Today marks the opening of the 11th General Assembly of the Lutheran World Federation, held this time in Stuttgart. Today is also the 66th anniversary of the failed Stauffenberg assassination attempt on the life of Adolf Hitler.

There will be much more on the LWF assembly and it social witness in the coming days. The assembly’s theme is, “Give us today our daily bread,” and the meeting promises to focus on hunger issues. I’ll be paying special attention to the engagement of Dietrich Bonhoeffer, the German theologian who was involved in the Stauffenberg plot, with the ecumenical movement in the 1930s and what we can learn about it today.

Follow along here on the PowerBlog. But for a basic primer on recent LWF pronouncements, in the context of the broader ecumenical witness, be sure to check out my new book, Ecumenical Babel: Confusing Economic Ideology and the Church’s Social Witness. Read an ENI piece on the opening of the assembly after the break.
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The extent and persistence of the global economic and financial crisis has caused many people to start asking if there is any alternative to the current monetary system of fiat money overseen by central banks which enjoy varying — and apparently diminishing — degrees of independence from politicians who seem unable to resist meddling with monetary policy in pursuit of short-term goals (such as their reelection).

Most arguments about the respective merits of fiat money, private money, or the gold standard are couched almost entirely in terms of economic efficiency. Over at Public Discourse, however, Acton’s Research Director Samuel Gregg has penned an article outlining the principled case for a return to the classical gold standard. Gregg draws upon economic history and ethical analysis to argue that there is a strong more-than-economic case for the classical gold standard that rarely receives much attention. As Gregg writes:

There were several economic advantages to the gold standard. . . . A number of principled considerations were, however, also operative. The gold standard placed a high premium on economic security by reducing the uncertainty and risk that flows from fluctuations in the value of money that have nothing to do with the relative valuation of different goods and services. . . .

Another commitment at stake was the conviction that stable money meant greater economic prosperity for increasing numbers of people. Greater monetary certainty spurred productivity and investment, not least because many long-term contracts benefited from a confidence that prices would remain relatively constant over time. Then there were the ways in which the gold standard bolstered the economic well-being of particular marginalized groups. Monetary stability helps, for example, those who lack the financial sophistication to navigate the shoals of inflation, or who are on fixed incomes (e.g., the elderly and disabled).

At the same time the gold standard also encouraged governments to promote the common good instead of narrow sectional interests. Within nation-states, for instance, the gold standard diminished opportunities for the state to manipulate monetary policy in order to favor those with an interest in inflationist policies.

Likewise, the gold standard also generated a commitment on the part of governments to promoting the international common good. As the German economist Wilhelm Röpke once wrote, the gold standard relied upon the unwritten agreement of central banks and governments “to behave in matters of monetary and credit policy in such a way that this fixed and free coupling remained an undisputed permanent institution, irrespective of trade fluctuations”. This required central banks and governments to prioritize the global economy’s long-terms needs over the short-term exigencies of national economies. It also entailed a willingness to resist popular pressures to revert to a type of monetary nationalism in the face of the fluctuations in employment and growth sometimes generated by the gold standard’s adjustment mechanisms.

There is, Gregg notes, bound to be considerable opposition to any move away from fiat money. It’s hard to imagine, for instance, politicians, central banks, or Keynesian-inclined economists being very willing to give up a tool that — or so they believe — is a vital element of macroeconomic management. Gregg points out that there are also plenty of groups with a vested interest in the type of easy money policies (what’s euphemistically called “quantitative easing” these days) which are always an option under fiat money regimes.

Despite this opposition, Gregg says that going back to gold is certainly worth a second look — if only because no one seems especially satisfied with the present system.

For more from Gregg on this subject, see The Gold Standard: A Principled Case.

In Somewhere More Holy, Tony Woodlief offers a serious account about tragedy, God, family, and grace. He also spins a great spiritual yarn which can move you from laughing to tears in mere moments. One of the strengths of this book is that it is not another bland self help book that promises “Your Best Life Now.” I’ve always wondered anyways about Christians who do not even realize their best life is in Glory. This is a very honest confessional book that really contrasts itself with the prosperity gospel and the kind of superficial Christianity that eschews a theology of suffering.

Soon after Woodlief and his wife’s conversion to Christianity, their three year old daughter Caroline is diagnosed with a brain tumor. She was soon dead. The author offers a lot of emotional devastating details of the heartbreak of losing their first child along with the tragic details of physically watching their little girl waste away. “God never promised everything will work out okay in your lifetime, and that each trouble you face will yield a blessing out of all proportion to the pain,” says Woodlief. The story goes on. Woodlief talks about how he drifted apart from his wife and family and was even unfaithful. His home was breaking apart and he was too angry with God and his circumstances to care. He plotted to leave his wife. But he came to a realization that he really had nowhere to go and everything he cared about was right at home.

He seems to profoundly recognize that his wife extended immense grace in his situation and he is now happy he has a front door to enter. He praises his wife for not giving him over to destruction. He offers an exceptional thought from a Greek Orthodox Priest named Aimilianos of Simonopetra, who says “It is an adulteration of marriage for us to think that it is a road to happiness, as if it were a denial of the cross.” And while the priest and the Church understand the joy of marriage and its level of suffering, much of our society sadly views marriage as a means of self-fulfillment and an arrangement rather than a sacrament.

Woodlief has four boys now and he takes us on a spiritual journey through the rooms in his house explaining how the grace of God abounds. He weaves together devotional thoughts about the power of the incarnation within the stories of his family. He understands that through the incarnation we do not just receive a glimpse of God, but can better understand ourselves. It was Martin Luther who said the angels are envious of humanity, “They worship Christ, who has become our Brother, our flesh and blood.” Woodlief says of helping his young sons clean themselves in the bathroom:

Dad, does this look clean?. . . Cleanliness is next to godliness, I think to myself in these moments of degradation. And if God can see me in these moments, perhaps he will forgive all the times I supposed I was better than anyone else.

The author offers some beautiful thoughts on a theology of death too. Towards the closing he admits, from the experience of losing a child, “If you love anything, you must live with the reality that you may one day lose it.”

This is an impressive account because it does not pretend to have easy answers for life’s tragedies, heartbreak, and shame. It only offers up the ancient truths of grace, incarnation, resurrection, and divine love. It is a deep contrast with the spiritual glibness that many in today’s culture and churches encounter. It is confessional and authentic and I think by allowing himself to be vulnerable readers will easily relate to his story.

The book reminds me a little of Treasure in an Oatmeal Box which I read long ago when I was younger. Both books see the beauty in children and understand they offer a lot of spiritual insight. Both authors are excellent at telling a story and capturing the greater purpose and value of life. They also both deal with heartbreak, tragedy, and perseverance. I am sure fathers and mothers of children will receive a lot of insight and will have a lot to ponder with this account. But this book is really for anybody who has felt heartbroken, betrayed, or separated from God. The beauty of the cross of course is just how much triumph and victory can come out of the deepest depths of evil, and how the world is transformed because of it. American slave culture and the Appalachian people always possessed a strong theology of death and resurrection because of the immense trials and suffering that surrounded those communities. I always like to listen to Appalachian bluegrass and gospel music because it doesn’t pretend to soften the blows and pain of human suffering but deals with it head on. And it always struggles to deal with pain and tragedy with the redeemer in mind. Woodlief says of his daughter Caroline, and of that day when he will wake to sleep no more:

I believe in a God who loves even the likes of me, and so I believe I will wake once more after my body betrays me, to the sound of singing. I am sure the songs of angels must be beautiful, but it will be the warbling of a little girl that my ear searches out. It has been so long since I have heard her voice. It has been so long, but I needn’t wait forever. Spring is coming, a spring with unfolding colors, enduring warmth, life that doesn’t mourn its own passing.

The NYT Freakonomics blog notes that the Fair Trade movement does not exist independently of the laws of economics:

But the problem with Fair Trade coffee is that as the program scales up, the alternative market ethics it wants to sustain collapse. Inevitably, the Fair Trade market becomes subject to the same laws that drive the conventional commodities market. When the price of coffee drops, the appeal of Fair Trade’s price support lures growers into the cooperatives that sell coffee under the Fair Trade label. As poor growers rush into Fair Trade agreements, the supply of Fair Trade coffee rises. Protected by the price floor, the Fair Trade coffee remains inflated despite flagging demand. What Fair Trade importers thus end up doing with the excess Fair Trade coffee is dumping it—upwards of 75 percent of it!—on the conventional market.

This is a huge problem for Fair Trade. Essentially, to be successful, it must, as I have stated in the past, “argue for a complete standardization of its price-fixing methods.”

Fair TradeThis gets at the paradox of religious support for Fair Trade. It makes those who argue so vociferously against “consumption” as an evil, something that feeds the Big Ag “devil” (to use the Freakonomics blog’s terminology), instead rather promote and endorse consumerism of another kind: Fair Trade consumerism.

That’s how you get to the point of mainline denominations pushing Fair Trade commodities (like coffee) in the church narthex and small groups, like moneychangers in the temple courtyard.

The Freakonomics post is lengthy and worthy of attention. But for a more comprehensive discussion of Fair Trade, be sure to check out the new monograph in the Studies in Christian Social Ethics and Economics series, Fair Trade? Its Prospects as a Poverty Solution.

In this book, Henderson State University economics professor Victor Claar examines the case of coffee in particular, and relates that in his

past place of worship, dedicated parishioners freely gave of their time and talents throughout the year to serve the retailing, advertising, and distribution efforts of Equal Exchange. Those parishioners who had taken on the ministry of fair trade coffee advertised frequently in the weekly bulletin and monthly newsletter—at no charge, of course. They also operated a coffee cart that was open for business between and after Sunday services, and they took great care to stock up on extra-special goodies in anticipation of gift-giving occasions such as Christmas and Valentine’s Day. They carefully maintained their inventory on hand, placing
orders with Equal Exchange when stocks were getting low. Of course, Equal Exchange was the only coffee served during coffee hour, where an Equal Exchange sign was prominently displayed to remind everyone that ours was a congregation that cared about the poor.

Claar concludes presciently: “In any other setting but a church, the message would be clear: If you enjoyed today’s free sample, be sure to pick some up on your way out to savor at home all week long.”

Order your copy of Fair Trade? Its Prospects as a Poverty Solution today.

There’s a reason why history is important. History is about knowing the truth about our past and therefore about ourselves. Not surprisingly, those who meddle with it usually do so from less-than-noble motives. In the latest edition of First Things, Princeton University’s McCormick Professor of Jurisprudence Robert P. George suggests that the American Constitution Society for Law and Policy has been the latest to attempt to re-write – or, more accurately, erase – history by reprinting Lincoln’s Gettysburg address and omitted the words “under God” in their reprinting. Professor George observes:

The Gettysburg Address is the set of words actually spoken by Lincoln at Gettysburg. And, as it happens, we know what those words are. (The Bliss copy nearly perfectly reproduces them.) Three entirely independent reporters, including a reporter for the Associated Press, telegraphed their transcriptions of Lincoln’s remarks to their editors immediately after the president spoke. All three transcriptions include the words “under God,” and no contemporaneous report omits them. There isn’t really room for equivocation or evasion: Abraham Lincoln’s Gettysburg Address—one of the founding texts of the American republic—expressly characterizes the United States as a nation under God.

George goes on to ask why an organization such as the American Constitution Society which, presumably, values the American constitution and other important documents in America’s legal and political history would make such an omission. Even diehard atheists, one might add, who purport to believe in truth should be asking what is going on here. It’s one thing to argue about the precise place of religion and religious-informed belief in the public square. It’s quite another, however, to try and ever-so-slightly distort the lens through which we examine the history of these matters.

Professor George, one of the world’s leading natural law theorists and a leading scholar of constitutional interpretation and civil liberties, also appears in Acton’s documentary, The Birth of Freedom, which likewise underscores the historical role played by religion and religious belief in the American Founding and other key events in America’s experiment in ordered liberty. Again, it’s not a question of whether one is a believer, an agnostic, or an atheist. It’s a matter of accurate historical memory. Nations that deceive themselves about their pasts build their present and future upon the shifting sands of lies and half-truths.