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To: wagglebee
The head of the highest court in the Vatican has given an interview with a Roman magazine in which he notes that when dealing with pro-abortion Catholic politicians, "the minister of the Eucharist has the obligation to deny It (Communion) to him."

And we all know how that's turned out for pro-abortion Catholic politicians...

6 posted on 08/19/2008 4:12:08 PM PDT by Alex Murphy (What can I say? It's a gift. And I didn't get a receipt, so I can't exchange it.)
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To: Alex Murphy

I think a big difference here is that Cardinal Burke is an America and he is far more likely to pressure bishops to enforce it.

10 posted on 08/19/2008 4:17:58 PM PDT by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
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To: Alex Murphy; wagglebee; narses; Salvation; livius; Tzimisce; Conservativegreatgrandma; Ransomed; ...
And we all know how that's turned out for pro-abortion Catholic politicians...

Of course, you have heard many of us bemoan Archbishop Wuerl of DC. The best thing to say about him is that he is not Cardinal McCarrick.

Archbishop Burke is intimately familiar with the

rchbishop of St. Louis. As it stands, he was in the minority (unfortunately) among the bishops of the US.

This is not to say that the majority of bishops were pro-abortion, but they do not act with as much fortitude as is needed to really make the point with CINO politicians

What makes this really critical is that as the Prefect of the Apostolic Signature he has important duties that give him, after a fashion, the authority to deal with bishops who are not doing their jobs. His job is defined in the Apostolic Constitution, Pastor Bonus, Articles 121-125:

Art. 121 — The Apostolic Signatura functions as the supreme tribunal and also ensures that justice in the Church is correctly administered.

Art. 122 — This Tribunal adjudicates:

1. complaints of nullity and petitions for total reinstatement against sentences of the Roman Rota;

2. in cases concerning the status of persons, recourses when the Roman Rota has denied a new examination of the case;

3. exceptions of suspicion and other proceedings against judges of the Roman Rota arising from the exercise of their functions;

4. conflicts of competence between tribunals which are not subject to the same appellate tribunal.

Art. 123 — § 1. The Signatura adjudicates recourses lodged within the peremptory limit of thirty canonical days against singular administrative acts whether issued by the dicasteries of the Roman Curia or approved by them, whenever it is contended that the impugned act violated some law either in the decision-making process or in the procedure used.

§ 2. In these cases, in addition to the judgement regarding illegality of the act, it can also adjudicate, at the request of the plaintiff, the reparation of damages incurred through the unlawful act.

§ 3. The Signatura also adjudicates other administrative controversies referred to it by the Roman Pontiff or by dicasteries of the Roman Curia, as well as conflicts of competence between these dicasteries.

Art. 124 — The Signatura also has the responsibility:

1. to exercise vigilance over the correct administration of justice, and, if need be, to censure advocates and procurators;

2. to deal with petitions presented to the Apostolic See for obtaining the commission of a case to the Roman Rota or some other favour relative to the administration of justice;

3. to extend the competence of lower tribunals;

4. to grant its approval to tribunals for appeals reserved to the Holy See, and to promote and approve the erection of interdiocesan tribunals.

Art. 125 — The Apostolic Signatura is governed by its own law.

Please pay particular attention to Art. 124 § 2. Burke, who has made his feelings well known, has the competence to refer petitions for trial by the Rota. Now I'm not a canon lawyer, but it seems that if there is a bishop somewhere who is not doing his job of enforcing ecclesial law, a group of faithful might be able to get a sharp canon lawyer to put together a petition to the Apostolic See asking them to review the bishop's conduct. And Burke is the one to approve the peitition and refer the case or to disapprove the case.

Now, if my reading of Pastor Bonus is correct, it seems that the US bishops may pay him considerable heed. At worst, there might be exactly one case referred to the Rota for adjudication. And then the remainder of them would likely quickly figure it out.

(For those complaining about Burke's departure from the US, you should keep the above in mind!!)

16 posted on 08/19/2008 6:43:24 PM PDT by markomalley (Extra ecclesiam nulla salus)
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