[Congressional Record Volume 149, Number 158 (Tuesday, November 4, 2003)]
[Extensions of Remarks]
[Pages E2207-E2208]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      HOMILY OF CARDINAL AVERY DULLES AT THE 50th ANNUAL RED MASS

                                 ______
                                 

                           HON. HENRY J. HYDE

                              of illinois

                    in the house of representatives

                       Tuesday, November 4, 2003

  Mr. HYDE. Mr. Speaker, I would like to call attention to the remarks 
given by Cardinal Avery Dulles during his homily for the 50th Annual 
Red Mass at St. Matthews Cathedral in Washington, D.C. The Red Mass--
named for the red vestments worn by the celebrants and the color of 
fire, symbolizing the Holy Spirit--is celebrated annually in Washington 
the Sunday before the new U.S. Supreme Court session begins. This 
liturgy invokes guidance and wisdom on judges, attorneys, government 
officials and Supreme Court justices in their administration of 
justice. The Red Mass is sponsored by the John Carroll Society, a 
Washington area organization of lay professionals. This year marks the 
50th Anniversary of the Red Mass.
  Cardinal Dulles is an internationally-recognized theologian and is 
one of the leading thinkers of the American Catholic Church. He was 
born in New York in 1918 to John Foster Dulles, Secretary of State 
under President Dwight Eisenhower, and Janet Pomeroy Avery Dulles, and 
was ordained a Jesuit priest in 1956. Cardinal Dulles has written over 
700 articles and 22 books on Catholic theology and has served on the 
faculty of Woodstock College and the Catholic University of America. 
Currently, he is the Laurence J. McGinley Professor of Religion and 
Society at Fordham University. He was elevated to the College of 
Cardinals in February 2001.
  During his homily, Cardinal Dulles spoke on the subject of law and 
spirit. He said that law and spirit are ``inextricably conjoined'' and 
that laws are unsustainable without a moral and spiritual foundation. 
He also talked about our overly litigious society and the dangers of an 
obsessive legalism in the absence of virtue and grace. To sustain law 
and to enhance the relationship between spirit and law, Cardinal Dulles 
emphasized families, schools and churches as the primary agents for 
transmitting moral values and principles. He stated that ``the family, 
as the nucleus where life is born and where coming generations are 
formed, is today under severe pressure'', and that it needs to be 
protected.
  Mr. Speaker, I would like to submit the remarks of Cardinal Dulles 
for the Record:

   Law and Spirit 50th Annual Red Mass, Avery Cardinal Dulles, S.J., 
       Cathedral of St. Matthew, Washington, DC, October 5, 2003

           (Readings: Jer 31:31-34; 2 Cor 3:1-6; Jn 14:15-17)

       All three of the readings for this Mass deal with the same 
     two themes: law and spirit. Ezekiel prophesies a time when 
     the law will be inscribed by the Spirit on the hearts of the 
     people. Paul says that the Christians of Corinth have in 
     their hearts a law written by the Spirit of the living God. 
     And in the Gospel reading from John, Jesus speaks of the 
     indwelling Spirit who will prompt his disciples to keep his 
     commandments.
       Many of you who are present for this Mass are in one way or 
     another connected with the law, whether as legislators, as 
     advocates, as administrators, or as judges. You therefore 
     have to face the question, how is the law related to things 
     of the spirit? In biblical history the two are neither 
     separable nor antithetical but are inextricably conjoined. 
     The Spirit of God inspires those who make the laws and gives 
     the people the capacity to observe those same laws. Is the 
     same true, at least analogously, for civil society? Do the 
     making of laws, their interpretation, and their observance 
     require spiritual qualifications?
       The French political philosopher Montesquieu, in a work 
     that profoundly influenced the framers of the United States

[[Page E2208]]

     Constitution, held that each major form of polity is animated 
     by a distinct spirit, which he called, in the title of his 
     classic work, ``The Spirit of the Laws.'' In a monarchy, he 
     said, the dominant spirit is honor; in a despotism, it is 
     fear, and in a republic the spirit must be virtue.
       The founding fathers of our nation agreed. Our first three 
     presidents, Washington, Jefferson, and John Adams, spoke 
     eloquently of the necessity for civic virtue to undergird the 
     health of our republic. Our fourth president, James Madison, 
     wrote to the same effect: ``To suppose any form of government 
     will secure liberty or happiness without any virtue in the 
     people is a chimerical idea.''
       Civic virtue, of course, is not a substitute for law. In a 
     complex society such as ours, many laws are needed to 
     coordinate social relationships. We justly pride ourselves in 
     having a government of laws that prevents tyranny and 
     capriciousness. But it is possible, in the absence of 
     virtue, to put too much stock on law. Alexis de 
     Tocqueville, a keen observer of the American scene, said 
     that the Europeans of his day gave too much emphasis to 
     laws and too little to mores. In the United States, he 
     contended, customs and religious beliefs pervaded social 
     life so thoroughly that the laws could be less onerous.
       Where virtue prevails, laws will be framed with a view to 
     the common good, not private self-interest. The laws, 
     perceived as agreeing with the norms of justice, will carry 
     moral authority. A virtuous people will feel obliged in 
     conscience to obey them. But if laws are framed to satisfy 
     the interests of particular groups, they will lose their 
     moral authority, and the citizens will feel entitled to 
     disobey, provided they do not get caught. Vice and 
     criminality will proliferate.
       Civilization depends on habits of the heart. It requires 
     citizens who can trust one another to be honest, considerate, 
     and truthful. When trust evaporates, the law has to assume a 
     coercive function, compelling people to obey against their 
     will. Elaborate mechanisms of surveillance, prosecution, and 
     punishment must be erected. An army of auditors, detectives, 
     police, attorneys, trial judges, and prison guards strives in 
     vain to secure the order that responsible freedom would 
     achieve. Free society gradually transforms itself into a 
     police state.
       In our litigious society, thirst for gain almost eclipses 
     the passion for justice. Friends and family members readily 
     take each other to court. Malpractice suits and the cost of 
     insurance are forcing doctors and other professionals to 
     abandon their practice. The courts are congested with heavy 
     backlogs. We build more and larger prisons, which prove only 
     to be schools of crime.
       As men and women of the law, you know well that virtue 
     cannot be legislated. But your concern for the law itself 
     must give you a sense of the importance of moral convictions 
     and moral training for the health of our society.
       In our American tradition, great reliance has been placed 
     on private institutions that directly inculcate virtue. 
     Families, schools, and churches are among the primary agents 
     for transmitting sound moral values.
       The family, as the nucleus where life is born and where 
     coming generations are formed, is today under severe 
     pressure. It needs to be protected so that children can be 
     raised in a stable and healthy environment. Broken homes and 
     dysfunctional families are breeding-grounds of crime.
       Schools extend the pedagogical functions of the family. To 
     the degree that public education fails to instill moral 
     convictions and behavior, this task will fall more heavily on 
     private institutions, especially those conducted under 
     religious auspices. Schools of this character fill the void 
     left by value-free institutions that limit themselves to 
     factual information and technical skills.
       Religious institutions are of inestimable importance for 
     transmitting moral probity. Perceiving this, John Adams 
     declared: ``Our Constitution was made only for a moral and 
     religious people. It is wholly inadequate for the government 
     of any other.'' George Washington said much the same: 
     ``Reason and experience both forbid us to expect that 
     national morality can prevail to the exclusion of religious 
     principle.'' The government cannot establish in this country 
     any given religion, but it can protect and support religion 
     as an aid to civic virtue.
       Law and spirit belong together. They are as inseparable as 
     body and soul. Law, at least civil law, is a human 
     achievement, but the spirit, if it is to be upright, depends 
     chiefly upon the grace of God, who can transform our hearts 
     and fill them with his love. May God forgive us for having so 
     often tried to do without him! In prayer and worship we 
     beseech him to impart a generous measure of his Spirit on our 
     nation, its governors, and those who frame, interpret, and 
     apply its laws.

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