When Donald Trump and other prominent Republicans following him articulated an essentially states-rights’ position on the matter of abortion, many Catholics defended him on the basis of the principle of subsidiarity, which is an important concept in law.
Others defended it from a constitutional, states-rights perspective, which is, of course, constitutes a concrete, American application of the broader concept of subsidiarity.
As a Catholic and a Southerner, I have a high regard for the principle of subsidiarity in general and of its application to states rights in particular.
But is this a viable defense of Trump’s position? Should it be absolutely forbidden, on the grounds of the principle of subsidiarity, to pursue a federal ban on abortion?
These questions were taken up and admirably answered by the Catholic philosopher, Dr. Edward Feser, in his piece, “Abortion and Subsidiarity.” I believe that Dr. Feser has presented a good case to reply in the negative to both of the questions above.
Here is a brief summary of Dr. Feser’s argument:
- The article critiques the argument that a federal abortion ban would violate the principle of subsidiarity, which emphasizes local governance over central authority.
- It references Pope Pius XI’s encyclical Quadragesimo Anno, which outlines that the state should allow smaller institutions to handle local matters but recognizes that central governments must address issues that local institutions cannot manage effectively.
- Abortion is framed as a moral and legal issue that necessitates federal intervention if states fail to protect the rights of the unborn, as it directly contradicts the right to life.
- Dr. Feser argues that the Church’s teachings, including the Catechism, affirm the need for laws protecting the unborn, asserting that central authorities should act when local authorities are inadequate.
- Historical Church practices regarding abortion penalties illustrate that abortion is not merely a local issue but one deserving of a response from central governance.
- The article concludes that invoking subsidiarity to justify political positions on abortion is unfounded in natural law or Catholic moral theology, especially in the context of Mr. Trump’s stance.
