
“So, the Pope doesn’t take sides. Prevost has another opinion, but we won’t do that now.”
That funny quip from Pope Leo XIV (born Robert Prevost) referred to the historic game in Rome when the Villanova and Notre Dame basketball teams play each other.
However, a story this week raised a different question of when the Pope, as opposed to Prevost, can “take sides.”
This month, American-born Pope Leo XIV became the first pope ever to vote in a U.S. election.
A longtime Chicago native, the Pope mailed an absentee ballot to Will County, and the clerk’s office confirmed to Fox News Digital that “Robert Prevost is on the list of individuals who requested a Vote by Mail ballot.” There is no question that the Pope can vote in the Holy See. Indeed, he is the ultimate and final vote in the Vatican, but can he actually vote in Illinois races (including the governor’s race involving incumbent Democrat J.B. Pritzker)? The answer appears to be yes, but it raises some novel questions.
Now, as a threshold matter, I want to shed some bias. I was raised Catholic in Chicago. No, that is not the bias. There is that lingering conflict with the Pope coming out as a White Sox fan. Many of us on the North Side hoped for a conversion to restore our faith in papal infallibility. However, he has remained entrenched in his South Side allegiance.
This column rises above that historic rivalry and does not suggest that White Sox fans can be challenged at the polls. (Besides, I previously explained that the Pope is a Cubs fan without knowing it.)
Rather, what surprised me was that the head of a foreign state could vote in U.S. elections. The Vatican is a distinct nation with a diplomatic corps, a court system, a local government, and even a military in the form of the legendary Swiss Guards.
The Holy See Press Office declared, “Pope Leo XIV has exercised his right to vote as a United States citizen whenever he was eligible to do so. The Holy See Press Office confirms that, in keeping with this long-standing practice of civic participation, he has submitted his mail-in ballot in Chicago.”
The Holy See maintains that Pope Leo retains his status as a U.S. citizen while serving as the head of a foreign nation. There is support for this position.
The State Department has maintained that dual citizens do not have to choose between their countries, though it does not expect them to serve as the head of another country.
“U.S. dual nationals owe allegiance to both the United States and the foreign country (or countries, if they are nationals of more than one). They are required to obey the laws of both countries, and either country has the right to enforce its laws. Claims of other countries upon U.S. dual-nationals may result in conflicting obligations under the laws of each country. U.S. dual nationals may also face restrictions in the U.S. consular protections available to U.S. nationals abroad, particularly in the country of their other nationality.”
Notably, the State Department requires dual citizens to use a U.S. passport to enter the country. Does that mean that, when traveling as head of state, Pope Leo has to use a U.S. passport? Unlikely, but intriguing.
It strikes me as odd that a person can lead another country and still vote in U.S. elections. With all of those worried about Russian interference in elections, imagine if Putin could actually vote in U.S. elections. Obviously, Pope Leo is greatly loved and represents someone whose values are aligned with this country. Yet, he is also the head of state of a foreign nation.
Under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), military personnel and citizens abroad are allowed to vote in U.S. elections. It is no longer considered an absentee vote requiring an excuse but simply a mail-in ballot.
The question is whether this right should be suspended when you assume a position in a foreign nation, let alone the head of such a nation. Dual citizenship has long been debated over the difficult questions raised by nations with opposing values and interests. However, being the head of a foreign government with potentially opposing interests and actions to the United States creates a curious status.
It turns out that when Gov. Pritzker met with the Pope last year, he was actually meeting with a constituent and voter.
I am most surprised that the Vatican does not have a policy against such voting, though this is admittedly unprecedented. I would think that the head of the Catholic faith and the head of a foreign government would have a single national citizenship for the Holy See. All popes are selected from the global faithful by the College of Cardinals and thus have national citizenship with other countries.
In assuming their positions, the cardinals “pledge and swear, as individuals and as a group, to observe faithfully and scrupulously the prescriptions contained in the Apostolic Constitution.” They also reaffirm that they are not subject to countervailing allegiances or pressures from outside of the College: “And never to lend support or favour to any interference, opposition or any other form of intervention, whereby secular authorities of whatever order and degree or any group of people or individuals might wish to intervene in the election of the Roman Pontiff.”
However, it is fascinating that, once elected, Popes do not shed that status upon assuming the head of the Holy See.
It is an uncomfortable question since it also raises whether the head of a foreign government should have dual citizenship. Most people were legitimately thrilled (including myself) by the first American Pope and can view this as an unlikely “one-off.” However, it could just as easily happen with another nation and a dual citizen.
At the risk of my own excommunication, it seems a worthy question for discussion, even though I doubt any politicians would relish such a debate. For his part, Pope Leo stated before the Villanova-Notre Dame game that the Pope will not take sides in the U.S. elections, but Robert Prevost will.
Jonathan Turley is a law professor and the New York Times best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”
This is an interesting question Can the head of a foreign state vote in our elections if he or she maintains dual citizenship. I’m surprised that the Vatican allows for its head of state (AKA, the Pope) to hold dual citizenship. I’m not aware of other countries allowing their head of state to hold dual citizenship. As long as Robert Prevost holds his US citizenship, he can vote. I wonder if he gets out of jury duty? Does he have to go back to Illinois to renew his drivers license?
Very apropos of All Saints Day.
“U.S. dual nationals owe allegiance to both the United States and the foreign country.” And just how does one do this?
The three point hitch on Pope Leo’s tractor has the plow raised up. If he retires, what result for Vatican citizenship? Second, a birthright U.S. citizen returns to China and becomes head of state with dual citizenship. That tractor has its plow down working. Article V?
There is no question that this Pope is a left-wing liberal and as such, doesn’t seem to understand the long standing Dem axiom, “the separation of church & state.” Vatican City is an independent country in and of itself. Pope Leo is the elected leader of this country, much in the same way a dictator is elected. He is also the leader of all Catholics. By voting in our election, he is indeed blending ‘church & state’ more so than any American ever has. It is repulsive to know that a foreign leader who also represents a major religion will actually be cancelling someone’s vote, here in America!
@Freddy
I tend to agree. This smacks of another dirty attempt at voter manipulation by the global left. Not being Catholic, I don’t know if Catholics will be so easily swayed, but the compulsion to announce this days become the election stinks to high heaven. These people are soulless.
*before the election
It seems Turley has little to do and must use prior lesson plans to prepare for his classes
Pope Leo is popular with the MSM media because he spoke out against Trump- a mortal sin in my mind-for his prior publication of personal politics (of course, his actual vote remains private). I posted on national media long ago that he needed to stay in his lane. He is not ignorant of the fact that his opinion affects all Catholics, who represent around 20% of the entire U.S. population (69-70 million), including a large percentage of the Hispanic population, who I believe are generallay more amenable and malleable.
AS we approach elections, I am reminded of the persistent efforts of MSM to seek out anyone, especially Republican, who is anti-Trump, then interview that person and broadcast it on national news. Interviewing anyone who favors Trump is always an aside, an anecdote–even though he/she represents the overwhelming majority of Republicans. (I have long-time-ago stated that I disliked Trump’s braggadocio but heavily favored his politics.)
Media knew and knows the effect it has on America’s voters by focusing on the Pope’s personal political views and the manipulative news coverage that has contributed to American sentiment. Commenter whimsicalmama was correct in noting the shame in relying on the gullible American electorate for spreading propaganda. The constant kneading and manipulative influence on public sentiment by the media is inexcusable for me.
https://uslawexplained.com/electorate
(spelling/grammar correction: should read: “population…which I believe is generally more amenable”)
(as I am writing this, ABC’s Martha Raddatz is interviewing an anti-Trump Hispanic female in the Rio Grande Valley (a location identified by media as equivocally susceptible), with leading questions and encouragement of disappointment.)
The comments on this issue of Res Ipsa are worth the subscription. I think citizenship, whether single or multiple, carries with it responsibilities and voting is one of them.
Voting is not a responsibility, it is a privilege, one a person can exercise or refuse.
BTW, the blog is not subscribable.