"For we are not contending against flesh
and blood, but against the principlalities, against the powers, against the world rulers of the present darkness, against
the spiritual hosts of wickedness in the heavenly places." Ephesians
6:12
"They
have not known nor understood: for he hath shut their eyes that they cannot see; and their hearts that they cannot understand."
Isaiah,44
"Render unto Caesar the things that are
Caesar's, and unto God the things that are God's." Matt:22:21
"And who beholdest thou the mote that is
in thy brother's eyes, but perceivest not the beam that is in thine own eye?" Luke 6:41
"...he that is without sin
among you, let him cast the first stone." John 8:7
"The mediating attention of the heart is spontaneously
activated in man in the state of profound self-questioning, a state that is almost always inaccurately recognized and wrongly
valued in everyday experience. 'God can only speak to the soul,' Father Sylvan writes, 'and only when the soul exists.'
Jacob Needleman: Lost Christianity: A Journey of
Rediscovery to the Centre of Christian Experience
"...I realized how difficult it is for
me to be ever to be wholly in one camp. In all that I love and consider mine -- the church, religion, the world where I grew
up and to which I belong, I often see deficiencies and lack of truth. In all that I do not like -- radical ideas and
convictions -- I see what is right, even if relatively right. Within religion I feel stifled, and I feel myself a radical
'challenger.' But among challengers I feel myself a conservative and a traditionalist. I cannot identify with any complete
system with an integral view of the world or an ideology. It seems to me that anything finished, complete, and not open to
another dimension is heavy and self-destructive. I see the error of any dialectics that proceed with thesis, antithesis, and
synthesis, removing possible contradictions. I think that openness must always remain; it is faith, in it God is found, who
is not a 'synthesis,' but life and fullness." The Journals of Father Alexander Schmemann, 1973-1983[St. Vladimir's
Seminary, New York: 2000. September 20, 1974, entry]
Last night I attended a lecture given by Judge
Robert Bork at the International Institute for Culture http://www.iiculture.org/in Overbrook. The Institute is a Catholic organization formed in response
to Pope John Paul's call for evangelization. The Institute offers courses, lectures, and musical programs on a high cultural
and intellectual level -- often followed by elegant receptions with plentiful food and drink, offering occasions for conversation
and for meeting new friends. The Institute thus exemplifies the best of the ancient cultural, thoughtful Christian and Catholic
tradition -- a tradition that has often proved difficult to transplant on this more rugged and divisive American soil. Though
not wholly impossible -- as witnessed by the existence of this Institute and by the many examples of Catholic architecture,
community, scholarship and social work and activity here in the city of Philadelphia.
Because more than 300 people were expected to attend,
the lecture was held not in Ivy Hall, the Institute's building, but in the nearby basement sanctuary of Our Lady of Lourdes
Church.
I have long taken a deep interest in the thinking and
career of Judge Robert Bork, commencing from the days of his nomination to the Supreme Court by President Ronald Reagan. On
my energy website I made an entry in my Thought Diary-- prompted
when I learned of the excessive and pompous obsequies carried out in Washington, D.C. for the former President -- in which
I wrote of my feelings, current and previous, concerning Robert Bork. I had been a strong supporter of his candidacy, and
my editorial, "Committee decision not to support Bork nomination lacked reason," was published in The Birmingham News on the very day he conceded defeat -- October 9, 1987.
The substance of my editorial concerned by fears of
the obliteration of any understanding in American public life regarding the role of reason and the moral value of thinking.
When reason is banished in human affairs, all that is left is the bully: the doctrine of Might Equals Right. I believed Bork
to be a thinking man, and the vicious campaign mounted against him was essentially the galvanic activation of mob rule.
I wrote a second and much longer article, never published,
called "A Modern Mystery Drama: The Trial of Robert H. Bork," in which I argued that the focus of "original intent" (Judge
Bork had claimed that judges should not make the law, but interpret it according to the original intent of the Constitution)
obscured the purpose for which the Framers had established an independent judiciary. It was not "original intent" that was
sacred. "Original intent" is a marker, it is an "icon" for a realm in which it is possible to maintain a distinction between
the "Good" and the "True."
Let me explain. I was discussing, in my paper, the axiom
of contemporary liberalism, which is the proposition that an increase of rights for some will automatically increase the rights
for all. Judge Bork challenged this view, and thus "brought down upon his head the wrath and incomprehension of minds unaccustomed
to examining ideas purely on their own grounds." I continued: "Even Senator Arlen Specter... misunderstood Judge Bork on this
point. In his editorial [Specter had published an editorial in the New York Times Sen. Specter wrote: "I was further
troubled by his writings and testimony that expanding rights to minorities reduced the rights of majorities. While perhaps
arithmetically sound, it seemed to me morally wrong."
In answer to this, I wrote the following: "But Judge
Bork was not saying that he believed this idea was good; he merely said he believed it to be true.If an idea
is true, it does not demand from us, initially at least, that we take a moral position about it. It only demands that we acknowledge
it and take account of it. The moral position implicit in our acknowledgement of an idea is not whether or not we agree with
it, but whether it becomes part of our view of reality. Morality thus arises out of whether our view of reality is more comprehensive,
or less so: which is to say, in essence, that morality arises out of thinking.[See note 1 below]
It was this realm of perspective which, I believe, the
Framers wishes to keep above the fray of ideological passion. This realm has to do with the capacity for thought and with
the development of the capacity for thoughtfulness in the soul -- the ability to receive ideas and perceptions without immediate
reaction of self-identification or opposition. One may not have achieved the divine impartiality of the New Testament expression
-- "the rain falls on the just and on the unjust" -- but the ability to think implies the recognition of the sphere of divine
and impartial justice.
It is this sphere which is sacred. Thus it is not "original
intent" which is in itself sacred. That would mean to make an idolatry of the Founders. But it was unfortunate that Judge
Bork was unable to articulate this crucial, if subtle, distinction -- although, given the viciousness of his attackers, this
failure was very understandable.
Well... Bork was defeated, and he retired to lick his
wounds at the American Enterprise Institute. A few years later he published a book called Slouching to Gomorroh and
this book was the fundamental text of his speech last night at the International Institute for Culture. In my June 8, 2004,
web diary posting I commented on this book, which I said distressed me even though everything he said in it was mostly true.
"What was needed was not another diatribe, not another pointing the finger at someone, but a 'going into the silence,' a purification
through suffering. But modern man has lost the ability to suffer fruitfully. Even a man capable of independent thinking, like
Bork, was unable to go the final mile.
At the lecture last night Judge Bork brought news from
battles that were fought years ago. It was the agenda of cultural conservatism, which I have always supported -- issues concerning
abortion, school prayer, homosexual marriage, etc. I have always sided with the conservative position on these issues, believing
that the agenda of autonomy favored by the liberals contributed to the disintegration of social bonds, ultimately increasing
State power.
This was something Bork did not mention. He charged
the "olympian" culture (i.e. the liberal elites) with extreme sexual permissiveness, and said that the mood of radical personal
autonomy has grown stronger as the moral order has weakened. This much, surely, is obvious. The weakening of the moral order
was the avowed intention of radical autonomy, and Judge Bork's point only acknowledged that the autonomists succeeded in accomplishing
what they avowedly set out to do.
But forces and their interaction are always going on,
and what may seem to be a victory in one sphere will invariably seek compensatory weight in another. The dismantling of all
sources of moral authority plus the enormous accession of State and corporate power welded together -- all of this has resulted
in an enormous increase in government bureaucracy. But Mr. Bork's
speech last night consisted only in a diatribe against liberalism. He discussed Max Weber's well-known point that the loss
of religious allegiance in society tends to leave a moral vacuum which, for many, became filled by socialism. But with the
demise of socialism all that is left is anger: "The rhetoric of hatred in the last election surpasses anything we've seen."
Presumably Bork was referring to the Democrats and other guilty liberals; he did not refer to the Republicans, Rush Limbaugh,
Ann Coulter, Jonah Goldberg, Karl Rove -- these people too seem quite capable of discharging volleys of hatred.
A second point he made was the intense hostility to
religion shown by the liberal elites. the Jeffersonian "wall of separation" between religion and government has been carried
too far in this country, and should never have been taken to mean an absolute breach. As one long critical of the Jeffersonian
notion and the zeal with which it has been embraced by the ACLU and other organizations of the Left, I certainly take his
point. And yet again, in today's world, it is one-sided. It is a slander against the Christian religion because it fails to
note that the distinction between the worldly and the spiritual was made by Jesus Christ himself. The dynamic tension between
the church and the state has been a signal aspect of Western history for the last two thousand years. Not to have mentioned
this seemed to me a glaring omission and distortion of the facts.
One of the things apparently discussed in the neoconservative
and Zionist circles with which Mr. Bork now consorts is how to inaugurate a moral revival of society. In his book he mentions
four things that could do it: war, depression, and religious revival (there was a fourth but I can't remember what it was.)
He did admit that "the war we are fighting now doesn't seem to be producing a revival... there's a great deal of anti-Americanism..."
Notice how this admission deflects any possible question
concerning the justice of the American war on Iraq. There was no attempt on Judge Bork's part to encourage self-reflection
in Americans, or to suggest the taking of a little humility, or to develop a capacity to see ourselves as others see us. There
was nothing from the realm of thinking in that sense -- which in its genuine operation reflects a little of the realm of divine
transcendence. It was all condemnation, all pointing the finger at someone else: "you, you, you..." The liberals, the leftists,
the olympians, the evil ones. The mote of the liberals was certainly placed well in view.
I did, at the end, get up and ask my question. I prefaced
it by saying that I had long been a supporter of his, mentioning my 1987 editorial, and decrying the feminist-abortion-lobby
campaign against him. But then I said I thought this war on Iraq was "evil, wicked, brutal" -- and I was cut off by the director
of the Institute, who made the glib assertion that "all wars are brutal" -- and by Bork himself, who stated that he believed
the war was right. Followed by applause -- from about half the audience.
Be it said that the Director's dismissal underscored
the very point I had been trying to make concerning the moral value of thinking and why I believed that the defeat of Judge
Bork's nomination to the Supreme Court boded ill for this country. To refuse to think is to refuse to make distinctions. To
say that "All wars are brutal" is not to make any distinction; it is only to put forward a definition or a characterization.
It is also a crude dismissal of centuries of Catholic thought devoted to the problem of just wars. Granted the situation last
Friday night was not favorable to a more nuanced discussion of the issue. Nevertheless, I believe I was justified in raising
an objection to this war -- an objection which the Holy Father, Pope John Paul II, has also made. A more gracious dismissal
of my objection could have been made by the Director and by Mr. Bork himself through a simple acknowledgement of this. But
Leftists are not the only olympians in our midst. The Left is not the only source of the stranglehold on debate in this country.
Everything I feared in 1987 has come to pass: mob rule
and Caesarism. The Iraq War is a naked exhibition of Caesarism, and most people of goodwill who have not been lured into the
neocon smug-trap can see it. And everything I wrote in my of June 8 -- "Reflections on Spiritual Evil" -- has come to pass.
The evil of autonomous liberalism has now become compounded by its inverse, a deification of State power disguised as Christianity.
For it is not so much that what Judge Bork said last
night was untrue. Every charge he made against autonomous liberalism was true. But it was what he did not say that was so
momentous. He did not mention how the neocon foreign policy is inspired and directed by people who espouse the interests of
Israel. [See note 2, below] Judge Bork thus spoke as a neocon while pretending to be a conservative -- and this was what was
so odious and dishonest.
The ability of atheists, autonomists, and apostles of
sexual permissiveness to wreak damage is great, but it is trifling beside the spiritual iniquity of those who claim the Gospel
for the sake of carrying our their agendas and furthering their avarice. Judge Bork thus offers no alternative to autonomous
liberalism -- as if being smug is better than being wrong. Sadly, what has happened seems to be that the American public,
sick and disgusted with the 75% error foisted upon them by autonomous liberalism, decided to go all out for the 200% error
foisted upon them by the neocons. To see the neocon standard being
raised and applauded in a Catholic sanctuary was to be present at the consummation of a spiritual evil of which the stupid,
short-sighted and self-destructive liberals can have no idea.
Notes
1. "The longer one listened to him, the more obvious
it became that his inability to speak was closely connected with an inability to think,namely, to think from the standpoint
of somebody else." Hannah Arendt, Eichmann in Jerusalem p. 49. Ms. Arendt asks in her later book on philosophy a question
-- "Might our ability to tell right from wrong be connected with our capacity to think?" Unfortunately her philosophy fell
short of giving a satisfactory answer to this question -- which may be the essential question of modernity.
2.See Juan Cole's site, "Informed Comment," (http://www.juancole.com/)Dec.
12, 2004 posting concerning the FBI's investigation of AIPAC [American Israeli Public Affairs Committee]: "AIPAC is so successful
that virtually no speeches critical of Israeli policy are ever given in Congress, even though such speeches are given in most
democratic parliaments of the world, and representatives and congressmen are afraid to sign letters in support of the Palestinians
or even of a genuine peace process. In fact, AIPAC can arrange for representatives and ]senators to sign the most outrageous
and one-sided letters to the president demanding support for virtually all Israeli military and foreign policy goals. That
is how a boycott of Syria, a country that has been extremely valuable to the US in the war on terror, was passed...This level
of control of Congress by what is essentially the agent of a foreign government has deeply distorted US foreign policy and
made the US a dishonest broker..." Needless to say, the Israeli- neoconservative link was not something Judge Bork owned up
to.
Additional Note: I wish Judge Bork the joy of his recent
conversion to the Catholic faith. But I hope he will remember the words of Jesus: "God is a Spirit: and they that worship
him must worship him in spirit and in truth" (John 4:24).
___________________________________________________________________
"Committee decision not to support Bork nomination lacked reason"
The
Birmingham News, Friday, October 9, 1987
What is the difference between ideology and reason?
This is the question we should be examining in the matter of the controversy surrounding the
nomination of Judge Robert Bork to the Supreme Court. Yet it is a complex, many-sided and difficult quetion, demanding much
time and careful attention to words -- a task not likely to win much support in a time when public passions have been aroused
to the extent that they have been. This is because reason always appears weak when confronted by its counterfeit. Yet how
essential to know the false from the true! Nothing less than the future of the community of freedom depends upon it.
Bork is controversial because he is reasonable
Judge Bork is controversial because he is reasonable. That is to say, his position transcends
altogether the categories of ideological argument. For he says that a careful attention to the Constitution will sometimes
result in decisions that will please the liberals, and at other times it will result in decisions pleasing to conservatives.
This is not the voice of an ideologue speaking. But it suits the purposes of Judge Bork's opponents to say that he has an
"ideology." Watch that. These people are saying that in effect there is no difference between ideology and reason -- which
is a cardinal tenet of a shopworn Marxism.
The opponents next take a different tack. They say that careful attention to the Constitution
is all well and good, but that social conditions have changed, and that reason alone is not sufficient. hence follows the
second great devaluation of reason: words like "compassion" and "sensitivity" are hurled at Judge Bork like clubs, as if he
were some sort of cold intellectual. That is another point to watch. Reason is not cold calculating intellect. Nor is it sentimentality.
The Constitution is the most unsentimental document in the world, yet it breathes with warmth and life. That is because true
reason already contains feeling and warmth within it: it is, in the words of one writer, "dignified by a concern for value."
This is what distinguishes it from mere mechanical aptitude -- such as the adding machine or the computer.
Well, then, say the opponents, marshalling for yet another attack, there is no such thing as
reason free from bias. Since reason and values are subjective, why should a man like Judge Bork have the final word? What
makes his reasoning something we can trust? On this argument the opponents of Judge Bork admittedly have the upper hand. Everything
in modern culture seems to support their contention: for everything in modern culture is bent upon destroying the idea that
there are truths -- moral truths, if you will -- which have the same order of certitude as the proposition that 2 plus 2 equals
4. What person could write these words today -- "We hold these truths to be self-evident..."? It could not be done.
And this brings us back to Judge Bork. It is the idea of truth which, in our time, is so at
odds with the idea of truth that prevailed at the time of the writing of the Constitution. Modern culture has all but lost
the idea that truth functions as a corrective to human egotism. And having lost the idea of truth, it has lost the sense for
the moral value of reason. But Judge Bork echoes the older idea of truth when he says that the only real limitation upon the
power of judges is their own self-restraint. It is truth itself which restrains: moral reasoning already contains within itself
a principle of limitation.
The same cannot be said of ideology or doctrinaire thinking. How little restraint the opponents
of Judge Bork have demonstrated is evidenced by the slanderous distortions and venomous lies which they have circulated against
him. They say he is against the right of privacy. It is true that Judge Bork has disagreed with the reasoning that brought
us this supposed right, and he is right. The reasoning used to deduce this right is unintelligible, and therefore it is irresponsible.
But Judge Bork's position on this point has been so clouded by the abortion issue that it has not even been addressed. he
speaks, here, for the idea that "the intelligible is the source of the responsible" (W. Walsh) -- he speaks, in other words,
for reason in human affairs. Responsibility at this level is far greater, and more accountable, than all the professions of
do-goodism by small minds. But Judge Bork refused to play to small minds. He was asked, Why do you want to sit on the Supreme
Court? And he said, I'd enjoy it. On a public inured to grand schemes of social reform, such a simple honest answer left not
a few jaws hanging.
But people not used to the virtue of reason, must in the end play at being virtuous. The hypocrisy
of virtuous ideologues has made us cynical. So finally Judge Bork was accused of shallow opportunism --(the knife never cuts
the other way, of course). It is wrong, so the opponents say, for a man to desire a job that he has spent his life preparing
for. Or, again they say, he has changed his mind too much. how hard it is, when reason is on trial, to distinguish the false
from the true! A man can change his mind because he wants something, or he can change it because he is something. And
it is this distinction -- so essential to true judgment -- which encompasses the difference between appearance and reality:
all the difference in the world when it concerns the worth of a man.
Constitution will survive without Bork on bench
"O judgment! Thou art fled to brutish beasts. And men have lost their reason." Shakespeare's
words, from Mark Antony's funeral oration in Julius Caesar, offer a sober and timely comment on these events. It is
true that the Constitution will survive not having Judge Bork on the Supreme Court to defend it. But it will not survive the
death of reason.
The fate of the Constitution rests with the fate of reasonable men, and even Judge Bork's thoughtful
opponents -- and there are a few -- have not convinced me that their dedication to the Constitution is anything appropaching
the depth and scope of his. For Judge Bork is one of the Constitution's ablest and most lucid defenders. If he is not confirmed
by the full Senate it will be a great misfortune for the country. But only reason sees what reason defends. And reason, these
days, is in short supply.
____________________________________________________________________
To the Director if the International Institute for Culture, December 11, 2005
Thank you for your good work with the International Institute for Culture. This Institute is
a great contribution, and brings a Christian impulse into society on a cultivated and intellectual level.
I attended the lecture of Judge Robert Bork, and I was the lady in the audience who brought
forward the objection to the Iraq war. I prefaced my remark by saying how I had supported Judge Bork's nomination to the Supreme
Court and had published an editorial to this effect. I believed Judge Bork to be a thinker, and in my view the vicious campaign
mounted against him signified the real end of any understanding in American public life regarding the moral value of thinking.
From then on it would be ideological war, mob rule, Caesarism, symbolism.
Everything I feared in 1987 has come to pass. I indicated in my statement, which was perhaps
a bit too long and too involved for the occasion, that I believed the Iraq war was vile, wicked, evil, and brutal, to which
you responded -- that "all wars are brutal." Surely you are too fine a thinker to be satisfied with your own answer. It is
not the purpose of my letter to detail the lies, incompetence, and brutality of this particular war, conducted against a people
who had never hurt us, and with the most shameless avarice. Your answer only underscored the very point I had been trying
to make. When people refuse to think, they cease to make distinctions.
No, it is not my object to argue the Iraq war with you, although I believe that the Holy Father
himself has condemned it. But I do want to say that Judge Bork tonight put forth neoconservative doctrines in the guise of
conservatism, and I consider this disingenuous if not dishonest. I felt betrayed by this man who was once, to me, almost a
hero.
If Judge Bork had made the faintest indication that what is going on in our government today
is deserving of some attention and scrutiny, if he had indicated that a little humility, a little ability to see ourselves
as others see us, would be desirable for Americans to cultivate - if he had pointed this way, I would have been able to walk
away from that lecture feeling respect for him.
If Christianity does not have anything to do with the act of thinking, it is not a true Christianity.
And if thinking and putting forth ideas and opinions doesn't have to do with integrity, it is not a true thinking but a counterfeit.
If Christianity is dead in this country, it will be the work of Christians - far more than the work of the liberals. And when
it is dead, no legalistic solution will resurrect it.
How I felt the falsehoods accumulating during Judge Bork's lecture. But I just kept my eye on
the crucifix behind him.
Sincerely,[signed] ...