Birthright Citizenship and the American Bishops

 As usual, I largely sympathize with the moral view of the bishops on this issue but think they err in advocating. They are "out of their lane"...as usual.

Their concern is that children will be vulnerable to "statelessness." This is a strong moral argument. But it is not an absolute. It is a prudential judgment that must weigh other concerns into a political policy. But the bishops enjoy no authority in regard to policy. In this case, it is not even a political problem, but a very specific legal, constitutional issue. The bishops surely enjoy no authority in that.

Most of the nations, even Catholic ones, do not provide birthrate citizenship. We do not see the Vatican or some synod of bishops crusading for it as they often do against controlled borders, global warming, or the prudential use of lethal force in capital punishment and warfare. Clearly, this is not some Catholic moral absolute.

The judges themselves will not rule on the moral goodness (protect children) or even the political wisdom of the policy, but upon its constitutionality. The conservative judges generally know their role: to umpire policies according to precedent and the Constitution. It is not for them to autocratically decide what is best for children, or the poor, or the nation.

The liberal political conscience does not know boundaries, form, or order. It's raging indignation explodes into sports, the Oscars, and the Church. And so, we are subject to political harassment in every arena as liberal justices themselves determine for us major issues like abortion, gay marriage, death penalty and others. 

The birthright constitutional clause and precedent is so strong and clear that it is highly unlikely the justices will side with Trump. Some may very well sympathize with his political reasoning about the risks to our nation in light of the recent flood of illegal immigration under Biden. But they know that is not their task. This issue is not up to the Executive, even with the Judicial, to determine. It is a complicated political question that should go through democratic and legislative processes. I would not be surprised if there is a unanimous decision against Trump.

The bishops forfeit their political authority when they step beyond their mission. It is not for the Church to dictate political policy to the nations. Outside of clear moral absolutes (abortion) practical policy is complex and contentious. It is properly the competence of the laity: politicians, governors, activists, social scientists, and such. The bishops need not concern themselves with this. They have enough to do with worship, reception of the Word, proclamation of the Gospel, Church governance, dogma and morals.

Their propensity to dictate political policy unveils an arrogant clericalism: a sense that they must teach the ignorant laity the right things to do in policy. Actually, the "right things to do" are not revealed in Scripture or Tradition or to the Magisterium. They are often confusing. They must be worked out, often in culture war, among various factions.

By advocating specific policies, the hierarchical Church polarizes us further and needlessly alienates those of us who come to opposing prudential decisions. 

We can trust that the Supreme Court justices, especially the conservative Catholic ones, know their lane. The bishops can learn from them.