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Washington D.C., Nov 1, 2018 / 04:44 pm (CNA/EWTN News).- A plan floated by President Donald Trump to end “birthright citizenship” through an executive order is likely unconstitutional, according to a law professor at The Catholic University of America.

“This idea that you can pass this kind of a fundamental change to the Constitution through the signing of a pen…does not comport with the Constitution,” CUA law professor Stacy Brustin told CNA.

In a recent interview with news site Axios, Trump said that the U.S. is “the only country in the world where a person comes in and has a baby, and the baby is essentially a citizen of the United States,” according to an Oct. 30 Axios report.

“It’s ridiculous. It’s ridiculous. And it has to end,” Trump added.

The president reportedly said that he would soon end “birthright citizenship” through an executive order.

The Fourteenth Amendment to the U.S. Constitution is generally understood to establish that citizenship is conferred upon all children born in the United States, regardless of the legal status or citizenship of their parents.

Brustin told CNA that the president is not empowered to change the Constitution through an executive order.

“There are two very clear and established ways of changing the Constitution that are actually articulated in the Constitution,” she explained.

“Either two-thirds of both houses of Congress have to pass a proposed amendment, and then send that amendment to the states for ratification by three-quarters of the states,” or else a Constitutional convention must be held. Typically, the Congressional route has been used for the passage of previous amendments.

If Trump were to pursue an amendment to change the practice of birthright citizenship, Brustin said, it would likely be “extremely difficult,” pointing to the failed attempts at passing other amendments, such as the unratified Equal Rights Amendment.  

The practice of jus soli, or “birthright” citizenship is fairly common throughout North and South America, while no European country grants immediate citizenship to all those born on its soil. In most European countries, the conferral of citizenship depends upon the legal status of a child’s parents, regardless of where the child happens to be born. Some countries permit citizenship to be granted after a child has resided in the country for a set number of years, but this practice varies widely.

The Fourteenth Amendment was passed shortly after the Civil War, to ensure that former slaves could not be denied citizenship. The amendment says that “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

Trump’s remarks appeared to endorsing a minority perspective on the amendment centered around the phrase “subject to the jurisdiction thereof.” While some argue that this phrase is meant to exclude people who are in the country illegally, Brustin disagreed.

“’Subject to the jurisdiction’ has been interpreted by our court as meaning ‘present in the United States,’” explained Brustin, with the sole exception being the children born to diplomats.

“But otherwise, those who are physically present are subject to the laws of the United States. That’s generally that’s what that means,” she said.

In addition to her work in the classroom, Bustin is the director of CUA’s Immigrant and Refugee Advocacy Clinic. Brustin said that the president’s words have created fear among the immigrant community she works with at the clinic.

“Whether the law is changed or not, there will be fear among those in the immigrant community that children born in the United States to immigrant parents will not be able to become citizens,” she said.

[…]

Orange, Calif., Nov 1, 2018 / 04:16 pm (CNA/EWTN News).- On any typical weekend, the white cassock-clad priests of the Norbertine order from St. Michael’s Abbey in southern California preach in about 35 parishes, sharing the fruits of their contemplative and communal life with the Church.

As canons regular, they are religious priests who live in community and share a charism and common life of prayer. During the week, they are teachers and preachers in area schools, colleges, and catechetical programs.

But the order felt called to bring their preaching and formation beyond the bounds of their abbey and apostolates in the Orange County and Los Angeles areas, and so on All Saints’ Day they launched a digital library called “The Abbot’s Circle” which will provide video, audio, and written resources on the Catholic faith.

“Many people, after they’ve gone through Catechism or Catholic school, they lack further formation in their faith,” Father Justin Ramos, O.Praem., a priest of the order and a Latin teacher, told CNA.

“The Abbot’s Circle is really a great means for people to be able to hear homilies during the week, not just on Sunday, or read reflections and learn about their faith in the various ways in which we offer it.”

The Abbot’s Circle website includes video, podcasts and written reflections, as well as chant recordings and audio lectures and a documentary on the fathers called “City of Saints.”

The digital library, which is free for the first two weeks of its launch, will be a subscription service that donors will be able to access for a monthly donation of $10 a month or more.

Shane Giblin, chief advancement officer for the Norbertine Fathers at St. Michael’s, said the platform was a way to thank and spiritually feed the order’s benefactors, while contributing to the day-to-day costs of running the abbey.

“The guy in the pew on Sunday who’s just trying to make his life work, we want to reach that person and help him make sense of his life and help him grow spiritually,” Giblin told CNA.

“The beauty of the Norbertines is watching them meet people where they’re at…whether they’re highly engaged Catholics, or just very eager to learn more about the faith, or whether they’re just new to their faith and wanting to learn more, they’re able to reach them in a very unique way,” he said.

New content will be added to the platform will be added every week, Giblin said, and will answer such questions about the Catholic faith as: How do we attain salvation? Why do we pray to the saints? What role does Mary play in the life of a priest?

Giblin said the website allows users to submit their questions and prayer intentions, and the frequency of new content allows the priests to respond to the needs of the people using the platform.

The Norbertines also believe The Abbot’s Circle is one way their order is called to respond to the current crisis of abuse scandals in the Church.

“St. Norbert, a Catholic reformer, founded the Norbertines to lift up a demoralized clergy, preach to the lay faithful, and so renew the Church in difficult times,” Fr. Chrysostom Baer, prior of St. Michael’s Abbey, said in a statement about The Abbot’s Circle.

“We are fulfilling this very same mission today, in a time when both laity and clergy are demoralized by scandal, by using new media to connect with the faithful and offer support and guidance. While atypical for religious priests to use digital media in this way, we believe in the power of new media to reach out to the faithful and support them in their faith lives.”

Ramos said he thinks the digital library will offer Catholics hope at a dark time in the Church, particularly in knowing that there are orders of priests striving to live holy lives and to teach the faith in line with tradition and the magisterium of the Church.

“The message that we want to convey to people is that there is hope, and part of that hope is to know your faith well and to be able to live it out well, and it empowers the layperson to understand more about their faith and defend it,” he said.

“Our faith is always tried when things like this happen, and to strengthen it, it’s just one way to help,” he added.

Fr. Ambrose Criste, O.Praem., who serves as novice master and director of vocations and formation for the order, told CNA he thinks The Abbot’s Circle responds to Catholics who are “hungry” for good formation.

“They’re hungry for clear doctrine – what does the Church teach and what does the Church believe? I think there’s so much confusion that comes from the world and the mainstream media, and from to be honest from much of the Catholic media,” Criste told CNA.

“And so clarity of doctrine is something that the faithful really want. They also want priests and consecrated religious who are striving for holiness and who aren’t afraid to talk about it, because otherwise I think what the faithful hear is the spirit of the world, and how that has infected even people in the Church.”

Ramos said The Abbot’s Circle is an “ingenious” way to live out the charism of the Norbertine order and to share the fruits of their contemplation, prayer, and community.

“What takes us away from prayer is our apostolic work, when we have to go into the parishes and we can’t be with the community. But now that we have this means to communicate and to proclaim the truth of our faith…and I think it reinforces our way of life because we don’t have to do as much exiting from the monastery as we would otherwise have to do in order to reach a greater audience.”

The launch of The Abbot’s Circle follows the end of a successful $120 million capital campaign by St. Michael’s Abbey to support the building of a new abbey, as the order is running out of space for its new members. It also follows a documentary series on the order called “City of Saints”, which was released last year.

“Holiness is attractive, young men don’t want to live their lives by halves,” Giblin said. “They want what the Norbertines at St. Michael’s have, and because of that we ran out of room.”

The abbey currently supports 38 seminarians, with three aspirants on a waitlist. Giblin said the community has become the “unsung heroes” of the Church in southern California, where they are renowned for their holiness, service and preaching, and that the new platform is another way to share their gifts with the world.

“Holiness is attractive, and people are looking for that in the modern world, and they invest money in it because they crave it, they want more of it,” Giblin said. “And we hope The Abbot Circle website is a larger platform to showcase the holiness of the men here, and I think the world is very much hungry for that.”

[…]

Washington D.C., Nov 1, 2018 / 02:15 pm (CNA).- Nov. 13 will mark sixteen years since Cardinal Bernard Law and then-Cardinal Theodore McCarrick addressed the U.S. bishops’ conference on the topic of sexual abuse. As it happens, on that day this y… […]

Denver, Colo., Nov 1, 2018 / 04:00 am (CNA).- Catholic agencies along the U.S.-Mexico border are bolstering refugee aid efforts as thousands of people in multiple migrant caravans continue to trek north through Mexico to the border.

Thousands of migra… […]

Washington D.C., Oct 31, 2018 / 04:00 pm (CNA).- The issue of abortion has played a surprisingly limited role in campaigns for midterm and gubernatorial elections, this despite predictions by pro-abortion advocates that the Supreme Court could be poised to revisit the landmark decision of Roe v. Wade.

But while the issue has had a low profile in national campaigning, there have been several notable exceptions in individual races.

On Halloween, as parents/kids return home to enjoy the evening together, this is the mail piece that my opponent’s campaign & @nydems thought was most fitting to greet them in their mailbox. It’s the most disgusting mail piece I’ve ever seen in any campaign I have been a part of. pic.twitter.com/c3XPdKSmbB

— Lee Zeldin (@leezeldin) October 31, 2018

Incumbent Congressman Lee Zeldin (R-NY), who represents New York’s 1st district, was the subject of an especially pointed political attack for his pro-life views. The New York State Democratic Committee sent out a mailer containing a picture of a wire hanger, labeled as “Lee Zeldin’s plan for women’s healthcare.”

Zeldin called the campaign “the most disgusting mail piece I’ve ever seen in any campaign that I have been a part of.”

The second-term congressman has a pro-life record over his time in the House of Representatives, and responded angrily in a tweet.

Polls have shown Zeldin with a narrow lead over Democratic candidate Perry Gershon.

In New Hampshire, in a congressional debate for the state’s 2nd district, Republican challenger Steve Negron confronted incumbent Rep. Ann McLane Kuster (D) about her pro-abortion views. Negron describes himself as pro-life without exceptions, and refused to say if he would permit an abortion to save the life of the mother.

Negron said that advances in prenatal care make it so that these situations are rare, and that “right now, we don’t get to this point where it’s so draconian that we have to make a decision that it’s the life of a mother or the life of a child.”

Kuster defended the legality of abortion by saying that she did not feel it was something for the government to decide, and that it was “one of the most personal decisions” someone could make. Kuster, who worked for over two decades as an adoption attorney, said that she had worked with more than 300 women facing unplanned pregnancies, said that “it’s not the government’s choice whether they would carry a baby to term, whether they would terminate a pregnancy or whether they would place a baby for adoption.”

Kuster is expected to be reelected for her fourth term in Congress, and is polling well above Negron and Libertarian candidate Justin O’Donnell.

Two Senate candidates in Indiana, incumbent Sen. Joe Donnelly (D) and Republican Mike Braun, clashed over abortion during an Oct. 30 debate in which both tried to paint their opponent as inconsistent in their opposition to abortion.

Both are running as pro-life candidates, with Donnelly one of the few-remaining pro-life Democrats in Congress. Donnelly was endorsed by Democrats for Life of America, but the National Right to Life Committee gave him a score of just 40 percent in their 2018 Senatorial scorecard.

In Donnelly’s last Senate election in 2012, his opponent, Richard Mourdock, sparked a national controversy after he said that a woman who became pregnant from rape was “carrying a gift from God.” That debate was widely credited with cemeting Donnelly’s election.

The latest polling indicates that Braun has a slim lead over Donnelly ahead of the election next week.  

[…]

Washington D.C., Oct 31, 2018 / 03:29 pm (CNA/EWTN News).- The Trump administration is modifying religious exemptions and accommodations against mandatory employer health care coverage of contraception, after federal judges blocked the administrations rules in December.

“The United States has a long history of providing conscience protections in the regulation of health care for entities and individuals with objections based on religious beliefs and moral convictions,” the Office of Management and Budget said. “These final rules expand exemptions to protect religious beliefs for certain entities and individuals whose health plans are subject to a mandate of contraceptive coverage through guidance issued pursuant to the Patient Protection and Affordable Care Act.”

It added that the rules “leave the accommodation process in place as an optional process for certain exempt entities that wish to use it voluntarily.”

The New York Times reported Oct. 30 that the revised rules will be issued by the departments of Health and Human Services, Labor, and the Treasury.

Judge Wendy Beetlestone of the Federal District Court in Philadelphia issued a preliminary injunction against the Trump administration’s initial rules Dec. 15, 2017.

She said Pennsylvania could suffer “serious and irreparable harm” from the rules, because a lack of cost-effective contraception would mean that women would either forgo contraception or choose less effective methods and result in “individual choices which will result in an increase in unintended pregnancies.” This would create economic harm for the state because “unintended pregnancies are more likely to impose additional costs on Pennsylvania’s state-funded health programs.”

Shortly after Beetlestone’s ruling, Judge Haywood Gilliam Jr. of the Federal District Court in Oakland also blocked the Trump administration’s rules, saying they would “transform contraceptive coverage from a legal entitlement to an essentially gratuitous benefit wholly subject to their employer’s discretion.”

Under Trump, the Justice Department has argued that “a woman who loses coverage of her chosen contraceptive method through her employer may still have access to such coverage through a spouse’s plan … or she may otherwise be able to pay out of pocket for contraceptive services.”

The 2010 Affordable Care Act, and resulting rules issued by the Obama administration’s Department of Health and Human Services mandated that employer health plans cover sterilization and contraception, including drugs that can cause abortion. The mandate drew opposition from Catholics and others.

The Trump administration established new rules in October 2017 allowing companies with religious or moral objections to contraception to opt out of the mandate.

The administration has appealed the rulings by Beetlestone and Gilliam, and other judges have issued rulings favorable to exemptions and accommodations to the contraception mandate.

In April, District Court Judge David Russell issued a permanent injunction and declaratory relief against the mandate for members of the Catholic Benefits Association.

Russell also ruled that the mandate violates the Religious Freedom Restoration Act by attempting to force employers to provide contraception and sterilization in violation of their sincerely held religious beliefs.

[…]

Buffalo, N.Y., Oct 31, 2018 / 12:40 pm (CNA).- The Diocese of Buffalo has issued a response to a whistleblower who called for Bishop Richard Malone to resign, after he was publicly accused of allowing priests credibly accused of sexual abuse to remain in ministry.

The diocese released a statement late Tuesday night, after Siobhan O’Connor, a former diocesan employee, said on “60 Minutes” Sunday that the diocese had knowingly omitted some priests from a list it published in March of clergy credibly accused of sexual abuse.

The list included 42 names; documents leaked by O’Connor included 118 priests credibly accused of misconduct.

The Oct. 30 diocesan statement said that Malone was “stunned and dismayed” by comments O’Connor delivered at a local press conference held that day. The diocese called her remarks “plainly and embarrassingly contradictory.”

At the press conference O’Connor reiterated her earlier claims, and called for “a complete change in leadership here,” calling for the resignation of Malone, and urging the intervention of Pope Francis, “because it’s just not going to get better.”

The diocese said that “her comments directly contradict her comments to him while she worked at the Chancery and even after she left. In fact, her prior, written communications to the Bishop demonstrate her complete admiration for the Bishop and his efforts to lead the Diocese.”

The statement did not directly address the veracity of O’Connor’s claim that Malone worked with diocesan lawyers to parse down the list of accused priests published by the diocese.

The list, released March 20, “identifies diocesan priests who were removed from ministry, were retired, or left ministry after allegations of sexual abuse of a minor,” according to the diocese. It “also includes deceased priests with more than one allegation made against them.”

“It was a very carefully curated list,” O’Connor said.

“To my mind the overarching attitude seemed to be to protect the Church’s reputation and her assets,” she added.

The Oct. 30 diocesan statement included a release of emails sent from O’Connor to Bishop Malone and her former diocesan co-workers, including one sent Aug. 9, 2018.

“Thank you, Bishop, for all of the opportunities I’ve had and lessons I’ve learned while working for and with you,” the email read in part.

“You have my heartfelt gratitude. I will always pray for you and your Chancery staff as I know so well the burdens you carry!”

In an email dated Aug. 21, O’Connor wrote: “I will always be deeply grateful to have worked with you Bishop…in truly countless ways you have inspired and edified me.”

During her “60 Minutes” interview, O’Connor said she loved Malone as her bishop and as her boss, and that her decision to leak documents was not motivated by personal animus for him.

“The reality of what I saw really left me with no other option,” she said. “Because at the end of my life I’m not going to answer to Bishop Malone, I’m going to answer to God.”

Malone has issued three public apologies and has offered to sell his residence to help to compensate abuse victims.

Malone declined to be interviewed by “60 Minutes,” saying in part: “it is clear to me and my staff that your roster of interviews did not include those who are aware of the full extent of the efforts of our Diocese to combat child abuse. Nor does it include those who urge me every day to stay the course and restore the confidence of our faithful.”

The Buffalo diocese was issued a subpoena in June as part of a federal investigation into clerical sexual abuse.

Fr. Robert Zilliox, an abuse victim himself, lamented on “60 Minutes” that it seemed the diocese and the bishop were not being transparent and holding abusive priests accountable.

“It’s beyond troubling. That’s not the Church. The Church is holy. Those are individuals in the Church who are weak, and who have made very bad decisions. And because of that, they need to be held accountable for what they’ve done,” Father Zilliox said.

[…]

New York City, N.Y., Oct 31, 2018 / 10:31 am (CNA).- A New York auxiliary bishop has been credibly accused of sexual abuse, the Archdiocese of New York has reported. The bishop maintains his innocence.

Cardinal Timothy Dolan announced in an Oct. 29 le… […]

Santa Fe, N.M., Oct 31, 2018 / 04:00 am (CNA).- A political group was wrong to use a letter from the New Mexico bishops for a newspaper ad backing a gubernatorial candidate in the upcoming election, the state’s Catholic bishops have said.
 
… […]

Los Angeles, Calif., Oct 31, 2018 / 12:00 am (CNA).- Aid agencies for the homeless often face what they call the NIMBY- “not in my backyard”- problem; the challenge that even those who support the homeless don’t want shelters in their… […]