[sinkspur]

Whoever has legislative power can also make penal laws.

This is Bruskewitz' justification? I'd like to see more substantiation that this empowers him to apply excommunication, willy-nilly.

[gbcdoj]

Can. 1318 A legislator is not to threaten latae sententiae penalties, except perhaps for some outstanding and malicious offences which may be either more grave by reason of scandal or such that they cannot be effectively punished by ferendae sententiae penalties. He is not, however, to constitute censures, especially excommunication, except with the greatest moderation, and only for the more grave offences.

Obviously this doesn't just refer to the Pope, so it's clear that a bishop can constitute censures of even excommunication.

[ninenot]

If a universal law threatens an undetermined penalty or a discretionary penalty, a particular law can establish in its place a determined or an obligatory penalty.

Nope, Sinky, THIS is his justification.