Aruging About Who Decides That Which Is Beyond Humans To Decide

This is part one of a three-part series on the decision of the Supreme Court of the United States of America in the case of Obergefell v. Hodges, June 26, 2015.

Part one is an overview of the problems that arise when competing sets of legal positivists argue in naturalistic terms by showing complete jurisprudential indifference to the binding precepts of the Divine Positive Law and the Natural Law.

Part two will provide a detailed dissection of various excerpts from Associate Justice Anthony McLeod Kennedy’s majority opinion in the case of Obergefell v. Hodges from a constitutional perspective.

Part three will discuss the political ramifications, although these are touched upon at the end of today’s initial installment.

I thank you for your patience. I will return to Laudato Si and to the matter of the “working document” for Jorge’s upcoming “synod of bishops” in due course. There is much, however, that Jorge’s work has in common with the decision rendered by Anthony McLeod Kennedy, a consistent supporter of the chemical and surgical execution of the innocent preborn in their mother’s womb as each is a product of revolutionary ideologies that make “man” the master of all things.

Our Lady of Perpetual Help, pray for us.

Saint John the Baptist, pray for us.

Saints Peter and Paul, pray for us.

Saint Irenaeus, pray for us.

As the end of another day has arrived without being able to complete all of the writing that I am undertaking at this time, something that is the consequence mostly of having to deal yesterday with the aftermath of the flat tire that occurred on Wednesday, June 24, 2015, the Feast of the Nativity of Saint John the Baptist, I am taking a few moments to remind this website's few remaining readers of an article that was published on June 29, 2012, the Solemnity of Saints Peter and Paul, the day after the decision of the Supreme Court of the United States of America in the cases of  National Federation of Independent Business, et al. v. Kathleen Sebelius, Secretary of Health and Human Services, et al. and Department of Health and Human Services, et al. v. Florida, et al. The so-called Patient Protection and Affordable Care Act is Here To Stay. The Court's decision in the case of King v. Burwell, which was rendered yesterday, June 25, 2015, the Feast of Saint William the Abbot within the Octave of the Nativity of Saint John the Baptist makes it eminently clear that ObamaDeathCare is here to stay no matter what the hapless naturalists of the false opposite of the "right" say or do.

I will elaborate on these points in a fuller commentary to be posted by Sunday (we have much driving to do today, Friday, June 26, 2015, the Feast of Saints John and Paul within the Octave of the Nativity of Saint John the Baptist). For the time being, though, I believe that the following passags from Here To Stay are as relevant now as they were when written almost exactly three years ago now:

Although I had thought that the "swing" vote in the combined cases of National Federation of Independent Business, et al. v. Kathleen Sebelius, Secretary of Health and Human Services, et al. and Department of Health and Human Services, et al. v. Florida, et al. yesterday would be the Supreme Court's senior Associate Justice, Anthony Kennedy, an appointee of President Ronald Wilson Reagan who had voted in the plurality in the case of Planned Parenthood of Southeastern Pennsylvania v. Casey, June 29, 1992 (that's right, twenty years ago today), to uphold the essence of the Court's decision in the case of Roe v. Wade, January 22, 1973, while also upholding key provisions g a Pennsylvania law requiring "informed consent" and "parental notification" as not to place a "restriction" or "undue burden" on "access" to surgical baby-killing, the actual "swing" vote was that of Chief Justice John Roberts, an appointee of President George Walker Bush.

Roberts essentially rewrote ObamaCare to make it constitutional, doing so in the name of "due deference" to the "will" of the legislative branch while finding that the "individual mandate" is a valid exercise of Congressional taxing power and not as, United States Solicitor General Donald Verrilli claimed in oral argumentation on Monday, March 26, 2012. an exercise of the commerce power as found in Subsection Eight of Section 8 of Article I of the United States Constitution, even though, as noted before, Congress itself referred to the fine imposed upon those of us who do not have an will not purchase health insurance as being a "penalty" and not a tax. Concurring justices Ruth Bader Ginsburg, Sonia Sotomayor, Stephen Breyer and Elena Kagan agreed with the outcome but said that they did find justification for the "individual mandate" in in the commerce clause.

This is what Associate Justice Anthony Kennedy, joined by Associate Justices Antonin Scalia, Clarence Thomas and Samuel Alito, wrote by way of a concluding evisceration of the totality of Roberts's sixty-five page Court opinion (see Text of Full Opinion):

The Court today decides to save a statute Congress did not write. It rules that what the statute declares to be a requirement with a penalty is instead an option subject to a tax. And it changes the intentionally coercive sanction of a total cut-off of Medicaid funds to a supposedly noncoercive cut-off of only the incremental funds that the Act makes available.

The Court regards its strained statutory interpretationas judicial modesty. It is not. It amounts instead to a vast judicial overreaching. It creates a debilitated, inoperable version of health-care regulation that Congress did not enact and the public does not expect. It makes enactment of sensible health-care regulation more difficult, since Congress cannot start afresh but must take as its point of departure a jumble of now senseless provisions, provisions that certain interests favored under the Court’s new design will struggle to retain. And it leaves the public and the States to expend vast sums of money on requirements that may or may not survive the necessary congressional revision.

The Court’s disposition, invented and atextual as it is,does not even have the merit of avoiding constitutional difficulties. It creates them. The holding that the Individual Mandate is a tax raises a difficult constitutional question (what is a direct tax?) that the Court resolves with inadequate deliberation. And the judgment on the Medicaid Expansion issue ushers in new federalism concerns and places an unaccustomed strain upon the Union. Those States that decline the Medicaid Expansion must subsidize, by the federal tax dollars taken from their citizens, vast grants to the States that accept the Medicaid Expansion. If that destabilizing political dynamic, so antagonistic to a harmonious Union, is to be introduced at all, it should be by Congress, not by the Judiciary.

The values that should have determined our course today are caution, minimalism, and the understanding that the Federal Government is one of limited powers. But the Court’s ruling undermines those values at every turn. In the name of restraint, it overreaches. In the name of constitutional avoidance, it creates new constitutional questions. In the name of cooperative federalism, it undermines state sovereignty.

The Constitution, though it dates from the founding oft he Republic, has powerful meaning and vital relevance to our own times. The constitutional protections that this case involves are protections of structure. Structural protections—notably, the restraints imposed by federalism and separation of powers—are less romantic and have less obvious a connection to personal freedom than the provisions of the Bill of Rights or the Civil War Amendments. Hence they tend to be undervalued or even forgotten by our citizens. It should be the responsibility of the Court tote a ch otherwise, to remind our people that the Framers considered structural protections of freedom the most important ones, for which reason they alone were embodied in the original Constitution and not left to later amendment. The fragmentation of power produced by the structure of our Government is central to liberty, and when we destroy it, we place liberty at peril. Today’s decision should have vindicated, should have taught, this truth; instead, our judgment today has disregarded it.

For the reasons here stated, we would find the Act invalid in its entirety. We respectfully dissent. (Minority Opinion, at pages 64-65 of opinion, page 190-191 of the full .pdf.)

Even though dissenting justices "got it right" insofar as constitutional interpretation is concerned, they do not realize that a written document that admits of no higher authority than the text of its own words, which are as easily susceptible to deconstructionism (that is, being emptied of their true meaning and filled with false meanings to suit various perceived utilitarian"needs)  in the hands of judicial positivists (those who believe the law is what they say it is regardless of moral truth and/or the plain meaning of words) as Sacred Scripture is in the hands of Protestants of any variety and of Modernist Catholics, many of whom, such as Joseph Ratzinger/Benedict XVI, make advertence to philosophically absurd and dogmatically condemned propositions claiming that dogmatic pronouncements are conditioned by the historical circumstances in which they were formulated. Nothing based upon these slender threads can hold up over the weight of time. Fabric sewn together with slender threads must come apart and disintegrate into bits of  useless rags.

I have made this point repeatedly on this site. Repeatedly. I have made it in a sustained manner in  Conversion in Reverse: How the Ethos of Americanism Converted Catholics (Volume 1). Principles of right, limited governance can be maintained only when supported by the truths of the Holy Faith. Absent that, of course, documents such as the Constitution of the United States of America are utterly defenseless against their own deconstruction and thus degeneration into meaninglessness over time. Yesterday's decision is not unsurprising. Anything is possible in a world that is founded on false anti-Incarnational principles. Do not be surprised if the Supreme Court of the United States of America decides ultimately to uphold "gay marriage" as a matter of "states' rights" and/or "personal privacy."

National security? Protecting the borders? The same man who wrote the principal dissenting opinion in the combined cases of National Federation of Independent Business, et al. v. Kathleen Sebelius, Secretary of Health and Human Services, et al. and Department of Health and Human Services, et al. v. Florida, et al. yesterday, Anthony Kennedy, wrote the opinion of the Court in the case of Arizona, et al. v. United States on Monday, June 26, 2012, that upheld one key provision of the Arizona immigration law while declaring other parts as being a usurpation of the authority of the Federal government. Kennedy was joined with three of consistently "liberal" justices (Sonya Sotomayor, Stephen Breyer and Ruth Bader Ginsburg) by none other than Chief Justice John Roberts.

It is no wonder, therefore, that Associate Justice Antonin Scalia wrote a scathing dissent of Kennedy's opinion. Here is a brief excerpt:

As is often the case, discussion of the dry legalities that are the proper object of our attention suppresses the very human realities that gave rise to the suit. Arizona bears the brunt of the country’s illegal immigration problem. Its citizens feel themselves under siege by large numbers of illegal immigrants who invade their property, strain their social services, and even place their lives in jeopardy. Federal officials have been unable to remedy the problem, and indeed have recently shown that they are unwilling to do so. Thousands of Arizona’s estimated 400,000 illegal immigrants—including not just children but men and women under 30—are now assured immunity from enforcement, and will be able to compete openly with Arizona citizens for employment.

Arizona has moved to protect its sovereignty—not in contradiction of federal law, but in complete compliance with it. The laws under challenge here do not extend or revise federal immigration restrictions, but merely enforce those restrictions more effectively. If securing its territory in this fashion is not within the power of Arizona, we should cease referring to it as a sovereign State. I dissent. (Associate Justice Antonin Scalia, Dissenting Opinion, at page 22 of opinion. page 51 of the document.)

It is rare for a justice of the Supreme Court of the United States of America to take extra-judicial notice of events that are not brought forth in the briefs submitted to the Court and during oral arguments. That Scalia did so was an indication of his frustration about the decision in the Arizona case as well as the then forthcoming decision in the ObamaCare case that was announced yesterday.

Alas, Scalia is himself a legal positivist who does not believe that the Natural Law has any application in American judicial decision-making. That he has found his revered constitution in such disrepair is the direct result of what must happen in nations that do not subordinate themselves in all things that pertain to the good of souls to the authority of the Catholic Church in her exercise, only as a last resort after exhausting all efforts of exhortation and admonition, of the Social Reign of Christ the King. (From Here To Stay.)

What I wrote about National Federation of Independent Business, et al. v. Kathleen Sebelius, Secretary of Health and Human Services, et al. and Department of Health and Human Services, et al. v. Florida, et al. is as applicable now in the aftermath of King v. Burwell, something that I will elaborate on by Sunday if, as I anticipate, most of the day Saturday, June 27, 2015, Our Lady's Saturday and the Commemoration of Our Lady of Perpetual Help and the transferred Vigil of the Solemnity of Saints Peter and Paul, can be spent in writing. And, yes, I am still working on the next part of the series on Laudato Si, facing also a new "working document" to provide the roadmap charted by Antichrist Himself in advance of Jorge Mario Bergoglio's upcoming synod of apostates, heretics, fools, scoundrels, and miscerants.

Thanks for your patience. My time is simply not my own, and I am still facing some limitations of physical strength that manifest themselves more often than I would like. Such limitations are frustrating. However, each is tremendous gift from the good God by which I can seek to give Him honor and glory as the consecrated slave of His Divine Son, Our Blessed Lord and Saviour Jesus Christ, through the Sorrowful and Immaculate Heart of Mary, keeping ever close to Our Lady through her Most Holy Rosary.

Vivat Christus Rex! Viva Cristo Rey!

Our Lady of the Rosary, us.

Saint Joseph, pray for us. 

Saints Peter and Paul, pray for us.

Saint John the Baptist, pray for us.

Saint John the Evangelist, pray for us.

Saint Michael the Archangel, pray for us.

Saint Gabriel the Archangel, pray for us.

Saint Raphael the Archangel, pray for us.

Saints Joachim and Anne, pray for us.

Saints Caspar, Melchior, and Balthasar, pray for us.

Saints John and Paul, pray for us.


Saint John the Baptist: Everything That Jorge Mario Bergoglio Is Not

Obstacles keep arising to delay the completion of the next part in my series about Laudato Si, Jorge Mario Bergoglio’s “red is green” manifesto. The obstacle presented yesterday, June 24, 2015, the Feast of the Nativity of Saint John the Baptist, was in the form of a new tire, purchased three weeks ago now, that went flat while was driving. This delayed the performance of errands for the family and thus my return home. Penance is better than ever in 2015! All to thee Blessed Mother, all to thy Sorrowful and Immaculate Heart. Jesus, Mary, and Joseph, we love you. Save souls!

What I have done, however, is to elaborate a bit on yesterday’s revised reflection, "He Shall Be Called John." This very brief follow-up is based on prayers found in The Raccolta in honor of Saint John the Baptist, the last of the Old Testament Prophets. Readers will see that these beautiful prayers explain the holy mission of Our Blessed Lord and Saviour’s Precursor and Cousin and explain everything that Jorge Mario Bergoglio, an Anti-Saint John the Baptist, if you will, is not.

Our Lady of the Rosary, pray for us.

Saint William the Abbot, pray for us.

Saint John the Baptist, pray for us.

He Shall Be Called John

This is a substantially revised and enlarged reflection about today's feast, the Nativity of Saint John the Baptist.

Work continues on the next installment of my series about Laudato Si. It is my hope to have it completed this evening for posting by tomorrow morning.

A blessed Feast of the Nativity of Saint John the Baptist to you all!

Our Lady of the Rosary, pray for us.

Saint John the Baptist, pray for us.

Our Dear Saint Aloysius, Help Us To Be As Pure As Thee

Although work continues on the next installment in my commentary on Laudato Si, the first two commentaries, having been completed at 4:30 a.m. on the days they were posted, have taken their toll. Each subsequent installment will appear when it is ready to be published. Intervening articles, however, such as one about the massacre in Charleston, South Carolina, and on expected decisions of the Supreme Court of the United States of America this week and next, will be written as necessary.

Today's republished article is but a brief reflection on the short but extraordinary life of sanctity lived by Saint Aloysius Gonzaga, a great lover of the Our Blessed Lord and Saviour Jesus Christ in His Real Presence in the Most Blessed Sacrament and of Our Lady. Saint Aloysius was intensely united to the sufferings that Our Lord endured in His Passion and Death, offering up his own sufferings prior to death, sufferings that he contracted as a result of helping a man with the plague in Rome, in union with that of Our Lord's own Passion and Death. Saint Aloysius was also devoted to the angels, which makes sense as he had an angelic purity of his own. We need to invoke his holy intercession to help us to have as a pure a heart as he did as we attempt to make reparation to the Most Sacred Heart of Jesus through the Sorrowful and Immaculate Heart of Mary for our own sins, especially any and all against Holy Purity.

As it was at Saint Aloysius School in Great Neck, New York, where I learned the truths of the Catholic Faith as they were taught with clarity by the Reverend Sisters of Mercy (and one lay teacher, Miss Greta McCarthy, a young Irish immigrant who knew the Holy Faith very well, who became Mrs. Greta Foley after the end of the 1961-1962 school year), I owe Saint Aloysius so very much. I have been devoted to him from the time that I entered Kindergarten in September of 1956.

Saint Aloysius Gonzaga, pray for us.

Dance, Dance, Eco Jorge, part two

This is part two of my overview of Laudato Si.

The section-by-section analysis of this ideological document be published in segments. Given the late/early hour of the posting of this relatively brief overview, the first such segment may not appear until Sunday, although I will resume writing later today, Friday, June 15, 2015, the Octave Day of the Feast of the Most Sacred Heart of Jesus and the Commemoration of Saint Juliana Falconieri, who was the foundress of the Religious Sisters of the Third Order of Servites.

Most Sacred Heart of Jesus, have mercy on us.

Sorrowful and Immaculate Heart of Mary, pray for us now, and at the hour of our death.

Saint Juliana Falconieri, pray for us.

Dance, Dance, Eco Jorge, part one

A late/early hour. Part two of this overview to Laudato Si will be posted tomorrow if all goes well.

It is nowt a later or earlier hour, well after four o'clock in the morning. An article in today's edition of The New York Times amplifies a point I made early in this commentary. It has been added to the text of the commentary.

Now, to sleep. Maybe!

Our Lady of the Rosary, pray for us.

"Perhaps You Have Not Met A Catholic Bishop Before"

This is the Third Sunday after Pentecost, that is, Sunday within the Octave of the Feast of Most Sacred Heart of Jesus. The Feast of Saint Basil the Great, the fearless foe of Arianism, is commemorated today.

Today's republished article, which was written five years ago now and revised a little last night after it became clear that the next original article on this site was not going to be completed for posting this morning (there are only so many hours in the day, and staying up late, which I do on occasion, is beyond my ability to do on a regular basis any longer), attempts to draw comparisons between Saint Basil the Great's battles with the Arians and our own battles with the lords of the counterfeit church of conciliarism and their apologists. I had forgotten, prior to re-reading the article, just how many little nuggets from Dom Prosper Gueranger's The Liturgical Year are contained in its text. Here is one just nugget:

"Peace is just what Basil desired as much as anybody; but the peace for which he would give his life could be only that true peace left to the Church by our Lord. What he so vigorously exacted on the grounds of faith proceeded solely from his very love of peace. And therefore, as he himself tells us, he absolutely refused to enter into communion with those narrow-minded men who dread nothing so much as a clear, precise expression of dogma; in his eyes their captious formulas and ungraspable shiftings were but the action of hypocrites, in whose company he would scorn to approach God's altar. As to those miserably misled, 'Let the faith of our fathers be proposed to them with all tenderness and charity; if they will assent thereunto, let us receive them into our midst; in other cases, let us dwell with ourselves alone, regardless of numbers; and let us keep aloof from equivocating souls, who are not possessed of that simplicity without guile, indispensably required in the early days of the Gospel from all who would approach to the the faith. The believers, so it is written, had but one heart and one soul. Let those, therefore, who would reproach us for not desiring pacification, mark well who are the real authors of the disturbance and so not point the question of reconciliation on our side any more.'"(Dom Prosper Gueranger, O.S.B., The Liturgical Year.)

The authors of disturbance today are not those of us who point out the errors and blasphemes and sacrileges of the conciliar "popes," including Jorge Mario Bergoglio/Francis, but those who are silent about and/or enable these offenses, a silence that prevails these days among so many "conservative" and "traditionally-minded" priests and presbyters in the structures of the counterfeit church of conciliarism.

By the way, I will be writing a series of commentaries on Jorge's forthcoming pantheism ecocyclical. The series will take as long as is necessary to complete. The first part will provide an overview, and will be followed by relatively short commentaries on the ecocyclical's text. This is not a project that I look forward to undertaking. Quite the contrary is true. It is something that I dread. However, penance is what I need, and Jorge is an instrument to provide me with penance by which I can seek to make more reparation for my sins as the consecrated slave of Our Blessed Lord and Saviour Jesus Christ through the Sorrowful and Immaculate Heart of Mary.

The next article, though, deals with a theme that I have repeated on this site endlessly while angering so many Catholics all across the vast spectrum of the ecclesiatical divide: the American political system is a complete and total farce of Protestantism and Judeo-Masonry. "Left" or "right" makes no difference as to what gets done in the artificial city built on a swamp and designed to conform to a Masonic grid, Washington, District of Columbia. The Congressional leadership of the organized crime family of the false opposite of the naturalist "right" have promised to bail out ObamaDeathCare if the Supreme Court of the United States of America rules against subsidies that are not authorized by the Patient Protection and Affordable Care Act of 2010. These same reprobates are also trying to help Barack Hussein Obama/Barry Soetoro give away more and more of American national sovereignty in the name of creating a "Pacific Union," thus helping to solidify One World Governance in fact if not in name. Ah, Jorge's name for One World Governance is "globality solidarity," and you will be hearing utter that phrase a lot in the coming weeks and months. This is the time of Antichrist, and if anyone thinks he is going to "vote" his way out of this mess, well, all I can do is continue being the "ant" at the picnic as things are going to worse and worse, not better, until there is the Triumph of the Immaculate Heart of Mary, and that will not come about at the ballot box, I can assure you.

Our Lady of the Rosary, pray for us.

Saint Basil the Great, pray for us.

Saint Anthony, Hammer of Heretics, Help Us To Find Our Way Home to Heaven

This my republished reflection on the life and the work of our dear Saint Anthony, the hammer of heretics who desired to die a martyr's death in an effort to convert Mohammedans following his transfer from the Order of Saint Augustine to the Order of Friars Minor. It was not God's Holy Will for Saint Anthony to die a martyr's death as he became ill upon arriving in Morocco and was then led as a result of shipwreck away from his native Portugal to Sicily, and from there to Italy, where his fame as a preacher and miracle worker began.

Saint Anthony lived for only thirty-six years, teaching us that it is not the length of the years that matter. No, what matters to God is how we use the time given to us this very day, which could be our own last day on the face of this earth before our Particular Judgment, to know, love, and serve Him as He has revealed Himself to us exclusively through the Catholic Church. God is merciful to those of us who have sinned much by giving us length of years so that we might use our time well to make much reparation to the Most Sacred Heart of Jesus through the Sorrowful and Immaculate Heart of Mary for our sins. Saint Anthony's work on earth was done when he was just thirty-six years old, whereupon his work for us in Heaven commenced.

Dear, dear Saint Anthony, help us to find our way to Heaven, especially by being as devoted to the Most Blessed Sacrament and to the Mother of God as you were here on earth.

Work on the next original article has begun. Look for it tomorrow, Sunday, June 14, 2015, the Third Sunday after Pentecost within the Octave of the Most Sacred Heart of Jesus and the Commemoration of Saint Basil the Great.

A blessed feast of Saint Anthony to you all!

Most Pure Heart of Mary, pray for us.

Saint Anthony of Padua, pray for us.


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