Bishop Vincent Gasser refuted this egregious misrepresentation at the Deputation de fide where he addressed the approach of emphasizing solemnity of form as the innovation that it is. He specifically told the Council fathers "most eminent and reverent Fathers this simply will NOT do because we are not dealing with anything new here. Already thousands and thousands of dogmatic judgments have gone forth from the Apostolic See and where was the form that was attached to these judgments???" Granted this was a bit of hyperbole being used by the bishop but it was to make a point that needs to be made: definitive papal judgments are not a new concept. They are not something that the Church just pulled from thin air but to some extent the range of this charism was not known from the very beginning. It was acted on in the early and later Medieval Church with an uncertainty as to how far it really went. There was seldom ever a time when the Pope used any formula that would be discernable to those who promote the ‘solemnity of form equals infallibility’ position. Therefore, the form or relative level of solemnity employed cannot be germane to the infallibility of a given judgment. Solemnity certainly has its place concerning outlining the types of truths being discussed but it has NOTHING to do with whether or not a given teaching is or is not infallible.
The linchpin of the entire decree of VC I is the key word ‘defines’. For infallibility to be a factor concerning teaching doctrine (excluding the areas of dogmatic facts and secondary truths of a universal scope,) the teaching must be addressed either explicitly or by implication to the Universal Church. This is what Vatican I meant about the Pope ‘exercising his office as shepherd and teacher of all Christians’. Furthermore, the Pope must be intending to make the teaching definitive in a manner that makes this intention known. If this criterion is met then the teaching is infallibly rendered. What is the sense that the word "defines" was to specify (and in what sense did the Council Fathers vote on the decree)??? Here are the words of Bishop Gasser from the Deputation on the matter:
"Now I shall explain in a very few words how this word ‘defines’ is to be understood according to the deputation De Fide. Indeed, the deputation de fide IS NOT OF THE MIND THAT THIS WORD SHOULD BE UNDERSTOOD IN A JURIDICAL SENSE (lat. In sensu forensi) so that it only signifies putting an end to controversy that has arisen in respect to heresy or doctrine which is properly speaking de fide. Rather, the word ‘defines’ signifies that the pope directly and conclusively pronounces his sentence about a doctrine which concerns matters of faith or morals and does so in such a way that each one of the faithful can be certain of the mind of the Apostolic See, of the mind of the Roman Pontiff; in such a way, indeed, that he or she knows for certain that such and such a doctrine is held to be heretical, proximate to heresy, certain or erroneous, etc., by the Roman Pontiff. Such is the meaning of the word ‘defines’." [77]
As Bishop Gasser noted earlier, this was by no means a new teaching and what is outlined in fact perfectly corresponds to the function of the Apostolic See historically with regards to conclusive judgments on doctrines concerning faith and morals. In fact, in the words set in bold print Bishop Gasser specifically refutes the common notion espoused by many Catholics (including many apologists and even some theologians) with regards to papal infallibility.
The pope in ‘defining’ a doctrine is not only declaring a doctrine as an article of faith (de fide). This was the second position rejected by the Council but by a strange twist of irony, most lay Catholics believe this is what the Council taught. Even the authors of the generally very-reliable Catholic Encyclopedia of 1913 make this error in a few spots. The problem was addressed by Pope Pius XII in 1950 when (because of the Modernist movement’s influence) there were many people (particularly Modernist theologians) trying to dismiss the Ordinary Universal Magisterium and claim that only ‘ex cathedra’ teachings understood in the sense of solemn definitions were infallible or irreformable. This was coupled with the claim that a teaching that was not infallible could be dissented from in good conscience. As Bishop Gasser noted, the word ‘defines’ encompasses not only positive teachings but also doctrinal/theological condemnations involving secondary truths connected with Revelation.
However, infallibility also covers dogmatic facts — an area not addressed in the dogmatic decree. The decree itself addresses only what is to be believed de fide with regards to infallibility. It did NOT address other areas where the pope is infallible that are not divinely revealed but still areas where infallibility is necessary by implication if the Deposit of Faith is to be effectively safeguarded. In speaking of the degree of assent owed to the Magisterium of the Church, Pope Pius XII made the following clarifications on the matter:
"[It must not] be thought that what is expounded in Encyclical Letters does not of itself demand consent, since in writing such Letters the Popes do not exercise the supreme power of their Teaching Authority. For these matters are taught with the ordinary teaching authority, of which it is true to say: ‘He who hears you, hears me’; [Luke 10:16] and generally what is expounded and inculcated in Encyclical Letters already for other reasons appertains to Catholic doctrine. But if the Supreme Pontiffs in their official documents purposely pass judgment on a matter up to that time under dispute, it is obvious that that matter, according to the mind and will of the Pontiffs, cannot be any longer considered a question open to discussion among theologians." (My emphasis)[78]
Pope Pius XII noted that the Pope passing judgment on a previously disputed matter in his official documents (such as in an Encyclical) is enough to remove that issue from being one open to debate. This is infallibility in short: the Pope declaring a position to be either certain or in error (in varying degrees). The same principle by extension applies to a General Council ratified by the Pope. Much as with the Pope a General Council passing judgment on disputed issues in its official documents settles them definitively without resorting to the solemn language that generally accompanies a definition of dogma. It is not possible for a doctrinal error to one day be not in error or for a teaching that is ‘certain’ today to be in error tomorrow. Therefore, in Humani Generis 20, Pope Pius XII had to be referring to the Pope making a final decision that is not ex cathedra. The reason is that the context of the paragraph is the authority of the Ordinary Magisterium and the Pope passing judgment on a controverted point. Therefore, this cannot be a reference to the solemn (or Extraordinary) Magisterium but instead would be a reference to the Supreme Ordinary Magisterium – which is just as infallible but not as solemn or precise in form. The Supreme Ordinary Magisterium (also known as the Ordinary Universal Magisterium) is a theological convention used to emphasize truths of Catholic doctrine, which are definitive (infallible) but are not de fide. The degree of assent owed is the same but the canonical penalty for illful rejection differs between the two for they highlight different levels of truths. (Credenda in the case of dogma and tenenda in the case of doctrine.)
Vatican II (VC II) reaffirmed the dogma of papal infallibility and properly nuanced it. However there was still the problem of the 1917 Code of Canon Law being in place the wording of which was probably a major reason for the mistaken notion that infallibility was contingent on solemnity. It also did not help that there were a slew of theology sources such as the following one written for parents and teachers (and an otherwise excellent little booklet) making errors such as the following one:
"The pope must fulfill exacting conditions in order to make an infallible pronouncement. He must speak on a matter which, of its very nature, vitally affects the life and faith of the Church. He must address his statement to all members of the Church. Finally, he must openly declare that he is teaching infallibly. These conditions must all be taken seriously. Unless all are met the pope is not teaching infallibly. In the past hundred years there were but two instances where infallibly was exercised." [79]
As has already been noted in detail, most of this statement is nowhere near accurate as the word ‘defines’ encompasses not only positive teachings but also doctrinal/theological condemnations involving secondary truths connected with Revelation. It is true that the Pope must speak on a matter of faith and morals but the matter does not have to affect the ‘vital life of the Church’. (After all, how does the Assumption qualify as vital???) It is true that the Pope must be addressing the whole Church but he need not explicitly state this. However, it must be implied in some manner either by the formulation of the words used or another means — such as in a document addressed to the whole Church — where this intention is manifested. The condemnation of a doctrinal, or theological error as heretical, proximate to heresy, or erroneous applies to the entire Church by implication. When teaching a given doctrine as ‘certain’, the intention to bind the faithful must be more explicitly stated. However, if the pope has to openly declare that he is teaching infallibly then there are almost no examples which would qualify historically. Therefore unless VC I was proposing a new concept, this commonly espoused interpretation of the decree is clearly in error and the words of Bishop Gasser to the Council Fathers before they voted on the decree specifically refuted this erroneous conception. VC II in the Dogmatic Constitution Lumen Gentium reaffirmed the dogma of VC I properly nuancing it (in the manner as espoused earlier by Bishop Gasser and Pope Pius XII) as well as relaying the full scope of infallibility as it is properly understood:
"This infallibility, however, with which the divine redeemer wished to endow his Church in defining doctrine pertaining to faith and morals, is co-extensive with the deposit of revelation, which must be religiously guarded and loyally and courageously expounded. The Roman Pontiff, head of the college of bishops, enjoys this infallibility in virtue of his office, when, as supreme pastor and teacher of all the faithful--who confirms his brethren in the faith (cf. Lk. 22:32)--he proclaims in an absolute decision a doctrine pertaining to faith or morals." [80]
No mention of the word ‘defines’ here but instead the words ‘proclaims in an absolute decision’ which is precisely what Pope Pius XII and Bishop Gasser noted on the matter (as did Bro. Alexis Bugnolo earlier). Vatican II’s Dogmatic Constitution Lumen Gentium (paragraph 25) in emphasizing the extent of the deposit of revelation as the criteria of infallibility settled the question with regards to dogmatic facts and secondary truths which are not de fide but still requiring of the same degree of full assent as they are areas of ecclesiastical faith (fides ecclesiastica or faith in God’s protection of the Church). The degree of assent owed in these areas is equal to that of a solemn definition differing only in the type of truth outlined. Solemn definitions (or properly called dogmas) fall under the censure of heresy for disbelief (as being divinely revealed). Truths of doctrine (definitive non-solemn teachings) or secondary truths do not incur the censure of heresy for dissent but instead they vary in their theological qualification from erroneous to proximate to heresy depending on how close of a connection they have with Divine Revelation.
As Fr. Brian W. Harrison has noted on this issue: "The Vatican I definition has to do only with ‘doctrine concerning faith and morals’, whether this doctrine be promulgated by the Pope alone or by the Church as a whole. IN OTHER WORDS, THE TRADITIONAL TEACHING THAT THE POPE ALSO SPEAKS INFALLIBLY IN CANONIZING SAINTS, APPROVING RELIGIOUS ORDERS, AND IN DEFINING DOGMATIC FACTS, IS SIMPLY LEFT UNTOUCHED BY THE 1870 DECREE…Before Vatican I the great majority of Catholic bishops and theologians who already believed that the Pope is infallible in defining ‘doctrine’ seem to have believed that he is infallible in these other areas as well…[All Catholics] were obliged by [the definition] to believe that the Pope is infallible in defining not only dogmas of faith, but also the secondary truths, denial of which would be ‘proximate to heresy’ or ‘erroneous, etc.,’ as Bishop Gasser explained." [81]
The Pope, in both the Encyclical E.V. and The Catholic Catechism has defined the nature of Capital Punishment. I don't see where Scalia, or Frances Quisling, or the SSPX, or McBrien, or anyone else, gets the authority to oppose Divinely-constituted authority.
Does the Pope have to appear before Scalia to argue his case? Just who the hell has the authority?