
Constitutional economics is the “.. research program in economics and constitutionalism by applying tools of economics to constitutional matters. It studies the compatibility of effective economic decisions with the existing constitutional framework and the limitations or the favorable conditions created by that framework”. The canonical definition; can be simplified as studying the rule formulation process for group decision-making through an economic lens. Most people may find the term constitutional confusing and assume that this school of the political economy only explores the decision-making processes of government institutions. This inference is false. The principles of Constitutional economics apply to a wide range of informal governance structures, for example, homeowners’ associations, biker gangs, prison gangs, and even the “codes of piracy” (p.601). This validates the famous quote from Aristotle identifying people as a “political animal”. This quote is open to interpretation; civilization requires cooperation and coordination. The Calculus of Consent (1962), addresses the conflict of cooperation and coordination by defining constitutional decision-making. Constitutional rule promulgation entails any system where a set of rules (two or more) govern the decision-making process. Structurally chartered bylaws are not limited to formally codified laws; such guidelines can be only be applied to a single person [1] to be constitutional.
Given the findings of Public choice and Constitutional economics, it is not outlandish to apply the concept of political decision-making to the rule promulgation process within the Catholic church. This is salient in the sphere of regulating the validation of religious rites. Some shrewd observers may point out that the Catholic Church has similar features to formal government. There is some veracity to this claim. The Vatican does operate like a city-state. However, to what extent does papal authority have much impact have on Americans outside of the church? Virtually none. For the context of this brief essay, the Catholic church is a non-governmental institution.
The author views the rules of religious rites and ceremonies within Catholicism as being stringent. For example, the Catholic church does not recognize divorce. The conservatism of Catholicism is a matter of individual perception. Catholicism is far from being the strictest religious tradition on Earth. Like any other variant organized religion, the Catholic church has several ornate and intricate procedures guiding the officiation of religious rites (often referred to as sacraments). The complex array of rules governing the process of validating sacraments leaves open a large margin for error. This is true of individuals in leadership who opt to inflexible enforce Church directives. The most salient example in the headlines of this problem is the controversy that has emerged in the Catholic Diocese of Phoenix.
For many years, Fr. Andres Arango has officiated many religious rite ceremonies that have now been deemed invalid. The reasoning? Fr. Arango did not use the precise wording required by the Vatican to validate a Baptism. He utilized the phrasing “…we baptize you in the Name of the Father and the Son and of the Holy Spirit..” instead of “… I baptize you..”. Purportedly, he has used this incorrect wording since he has entered the priesthood in 1995. Purists and the most devout Catholics may perceive uttering “we” instead of “I” as being a matter worthy of splitting hairs, but it also could be possible for the pope to pardon this minor transgression. The magnitude of this error in judgment is minuscule after being compared to some of the darker and more pervasive scandals, whose ugly specter has been haunting the church for decades (molestation scandals).
Unfortunately, due to this scandal Fr. Arango has since resigned, leaving one to speculate why the church could not forgive such a small mistake. However, in terms of these governance decisions, it is clear that the potential of Bootleggers and Baptists’ (1983) dynamics are present in the Baptism scandal. The undeniable dynamic of strict rule enforcement and the need to obscure more egregious scandals creates opportunity coalitions. In this case, this coalition where sub-factions are distinguished membership to various tiers within the Catholic organization. We must consider the principles of methodological individualism. Because some members of the Catholic Church are acting as Baptists while others are the Bootleggers. The prima facie impression of the careless observer would be that such a coalition would be a paradox, as they are all members of the same organization. Such an erroneous observation treats the church as a solitary unit, ignoring the preferences and incentives of various actors within the organization.
The individuals advocating for strict adherence to procedural requirements would be Baptists. The majority of the moralistic arguments are somewhat tautological, but a rule is a rule. Regardless of whether the enforceable edict is irrational or even unjust, there are consequences for violating formal decrees of institutional fiat. There is relatively little to gain from rigidly adhering to tradition for its own sake, feasibly making this a moral purity argument. From an administrative standpoint, if all priests follow standard procedures, it is easier to validate the ceremonies. The author is not well versed in the logic behind the specific wording requirement for Baptisms; any further commentary would merely be armchair speculation.
“It is not the community that baptizes a person and incorporates them into the Church of Christ; rather, it is Christ, and Christ alone, who presides at all sacraments; therefore, it is Christ who baptizes,” it said. “If you were baptized using the wrong words, that means your baptism is invalid, and you are not baptized.”
https://www.npr.org/2022/02/15/1080829813/priest-resigns-baptisms
The Bootleggers in this scenario are not quite as evident as the Baptists. In terms of determining the Bootleggers; it is imperative to consider the individuals that stand to benefit from the “Baptism Scandal”. Several sub-factions comprise the beneficiary coalition, which silently allows this minor controversy to hit the headlines. Temporarily feels the relief of being out of the spotlight. It is common knowledge that the Catholic church attempted to cover up incidences of sexual abuse around the globe. High-ranking administrators at the Vatican; would welcome any distraction from this hideous fact. Although, it must be a legal and publicity nightmare navigating such treacherous waters, especially when the optics are not in your favor. A more insidious subset of this coalition, callously gaining from the inadvertent distraction campaign, priests guilty of sexual misconduct, hoping that the current controversy will delay further investigations into new allegations.
Footnotes:
- Elucidated in James Buchanan’s Limits of Liberty (1975), as mentioned by Horwitz (RIP) & Skwire(2021) (p. 350).