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Earlier this fall there was a very entertaining and thought-provoking dialogue on the First Things blog. Fr. Richard John Neuhaus, editor of FT, made a very respectful but important point distinguishing the competence of bishops when it comes to matters of public policy.

I am reminded of this when I see that Dr. Daniel C. Maguire, professor of moral theology here at Marquette University, has recently delivered a speech calling for the impeachment of President Bush.

The remarks, delivered at an impeachment rally at Milwaukee City Hall last week, was addressed to the U.S. Congress, which he accused of a “cover-up” of these offenses by failing to open an impeachment inquiry. Labeling the Administration “the worst president and vice president in the history of the United States,” Dr. Maguire laid out 15 points that he believes “reek to the high heavens of ‘high crimes and misdemeanors.’”

These 15 points include a number of terribly bad statements, the choicest of which I give you here:
“I am old enough to remember the last time we obeyed the Constitution in going to war in 1941.” Channelling Ron Paul, apparently, Dr. Maguire is willing to label our actions in Korea and Vietnam, and Clinton in Kosovo presumably, as unconstitutional, impeachable offenses.

“Not since Adolph Hitler has a country felt it can go around the world invading other countries vigilante style.” Apparently Saddam Hussein’s invasion of Kuwait in 1990 does not count.

“This administration has established a private mercenary army, a heavily armed fifth column of Blackwater type firms that operate outside the law at the whim of the despotic president.” Despotic - really? I would think of Kim Jung Il or Saddam as despotic. If Bush were a despot, you would have disappeared from your home in the middle of the night for giving this speech, Professor.

“This Administration has trashed laws made by congress…, using signing statements that place the president above the law.” According to the American Presidency Project at UC-Santa Barbara, the history of presidential signing statements can be traced back to James Monroe. Clinton issued far more signing statements than Bush - perhaps that should have been the Fifth Article before the House.

The final statement gets me to my real point, though. As off-base as his rhetoric is, I find it much more ironic that it is Professor Maguire making these statements.

As you may know, Pope John Paul II’s apostolic constitution higher education, Ex Corde Ecclessiae, called for all theologians at Catholic universities to receive a mandate to teach from the local bishop. Professor Maguire led the charge against the requirement.

He wrote to Milwaukee Archbishop Weakland: “To expect bishops or popes who are not professional theologians to stand in judgment on theologians while the bishops rely not on study or expertise but on the alleged assistance of God, tempts God and violates a healthy Catholic understanding of responsible conduct.” Here and elsewhere, he insisted that the bishops “respect his competence” by not imposing an outside mandate. The bishops are not theologians, he says, but “pastors and administrators” and are thus not qualified to pass judgment on theologians.

So I guess I’m wondering when Professor Maguire became a lawyer. Or a professor of political science.

You would think that someone who insists so vigorously on recognizing and respecting the appropriate zones of academic disciplines would stick to his own. Because up until he “turn to theological language” to label Congress’ inaction as “Goddamnably bad,” he is certainly acting outside him “academic competence” as a theologian.

I have no particular objection to theologians talking about matters of law, or lawyers who study such things in their free time talking about theology. Heck, read this blog for a week. However, I think Professor Maguire might be in a bit of a pickle for applying a standard against his critics that he is not willing to follow himself.

Photo from the blog Blue Racine.

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