The Knight in Black: Justice Alito's Knighthood, Explained
If you know U.S. Supreme Court Justice Samuel Alito, you’ll know he’s not shy about advertising his Catholic faith. His religious beliefs often come up in discussions about his judicial philosophy and decisions, particularly in cases involving religious liberties and moral issues. Many weren’t surprised when he authored the majority opinion for Dobbs, the case that overturned Roe v. Wade and undid American women’s right to abortion.
But did you know Justice Alito was a knight? Well, nominally, anyway. A rather long time ago, he got the honorary title, not from the Queen, but from a Catholic order. It wasn’t publicized back then, but this summer, the order published the photo of Alito’s investiture on the front page. Since then, some legal experts have been wondering if it’s legal.
Knight Time
The process of becoming a knight has changed significantly throughout history and varied depending on the country or even the specific ruler. Knighthoods originated in medieval Europe as a military honor for mounted warriors. Initially, knights were skilled horsemen who served feudal lords in battle. Over time, knighthood evolved into a social rank associated with chivalry, honor, and nobility. The concept spread across Europe, with various orders of knighthood established by monarchs and the Church.
The kind of knighthood you’re probably most familiar with is typically conferred by the monarch of the United Kingdom. In the UK, the process is overseen by the Honors and Appointments Secretariat, which is part of the Cabinet Office. Recommendations for knighthoods can come from the public or government departments and they are reviewed by honors committees before being approved by the Prime Minister and the monarch. The monarch then officially bestows the honor during an investiture ceremony.
But Justice Alito’s type of knighthood had nothing to do with British royalty. It was all about his religion.
Catholic Knighthood
In Alito’s case, the knighthood was granted by the Sacred Military Constantinian Order of St. George, which is a Roman Catholic order of knighthood – and, despite its name, is not directly associated with any modern military organization. It’s a dynastic order of knighthood that claims to trace its origins back to the Byzantine Empire and Constantine the Great in the 4th century — though its documented history is more recent and its current form is linked to the House of Bourbon-Two Sicilies. This cadet branch of the famous House of Bourbon (of Louis the XIV fame) ruled a kingdom in Italy in the 18th and 19th centuries.
Note the Sacred Military Constantinian Order of St. George is a dynastic order, meaning that it is directly associated with a European monarch. This makes it different than some other Orders in the Catholic Church, such as the Knights of Columbus. However, Italy ceased legally recognizing royal monarchies in 1946 (unlike some other European countries). Titles are still used as a social courtesy, but the families have no power, ceremonial or otherwise, in official state business.
Instead, the Order is a charitable organization, although one with the specific purpose of promoting Catholicism and its associated values. The Order describes itself as committed to the glorification of the Holy Cross, the defense and propagation of the Catholic Faith, and charitable works. Its website explains that membership is a serious commitment, requiring daily prayer and an annual oblation to support the Order's missions. Admission is by nomination, not solicitation (which is, again, unlike the Knights of Columbus) and candidates must be practicing adult Catholics in good standing with the Church, living according to its teachings and moral laws. They cannot belong to organizations contrary to Catholic principles. Married candidates must have a Church-recognized sacramental marriage.
After initial approval, candidates become postulants, engaging in a period of deeper faith study and practice before being invested as knights or dames. Members undertake specific spiritual practices, including daily prayers, attending Masses, and supporting charitable endeavors. Wearing the Constantinian Cross and reciting devotions is encouraged, reflecting the Order's ancient customs.
Order in the Court
Seven years ago, a new kind of Order came to the highest court in the land. In 2017, in what was apparently a little-reported event, Justice Alito had his investiture ceremony in D.C.’s St. Matthews Cathedral in Washington, D.C., where he pledged an oath to uphold the values of the order. The Constantinian Order bestowed the judge with the title of Knight Grand Cross of Merit, the highest rank available to non-nobles.
There are a few other Americans who hold membership to the Constantinian Order, and they all lean politically conservative. Among them are Laura Bush’s former chief of staff, Anita McBride, and the vice president of the Catholic Media Association (who happens to be the brother of Trump’s campaign manager), Michael La Civita. These two Republicans have also been granted dame and knight titles, respectively. To reiterate, however, these are generally honorary titles and don't carry the same meaning or privileges as historical knighthoods granted by monarchs.
Why did Justice Alito get selected for knighthood? Historian Enrico Dal Lago suggests that the decision may be influenced by his familial connections. Alito’s father hails from Calabria and his grandparents from Basilicata, regions in Southern Italy with a strong legacy of pro-Bourbonism. The Constantinian Order and its religio-political ties have significant influence on people of Southern Italian ancestry in the United States, so Alito's heritage (an addition to his Catholic faith, of course) could be an unofficial reason for his selection.
But whatever the reason may be, the fact is that one of the most important government officeholders in America received a title from a foreign organization. Some experts have been claiming that doing so violates a rather dusty provision of the federal Constitution: the Foreign Emoluments Clause.
The Foreign Emoluments Clause
The Foreign Emoluments Clause, found in Article I, Section 9, Clause 8, states: "No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State."
The Clause applies to all persons holding “offices of profit or trust” under the United States, which includes federal judges. This means that federal judges, like other federal officials, are prohibited from accepting gifts, payments, or other benefits from foreign governments without congressional approval. This part of the Constitution reflects the Founding Fathers' concern about foreign interference in American politics and their desire to maintain the young nation's sovereignty and independence.
In case the Foreign Emoluments Clause didn’t make things clear, in 1966, Congress passed the Foreign Gifts and Decorations Act. Like the Clause, this law aims to regulate the acceptance of gifts, decorations, and other things of value by U.S. government employees, including elected officials, from foreign governments. Since this law was rooted in the Foreign Emoluments Clause, its purposes are similar: to prevent undue influence (or the appearance of undue influence) by foreign powers on U.S. officials.
Is It Legal?
Both pieces of law help ensure that U.S. officials make decisions based on national interests rather than personal gain or foreign influence. In the case of judges, it is especially important to maintain citizens' confidence in the integrity and impartiality of the country’s most important arbiters of justice.
Are the specific facts of Alito’s case covered by one or both laws? The Constantinian Order, although recognized by the Vatican, is administered by the Bourbon–Two Sicilies family, a foreign entity. However, as noted, the Bourbon-Two Sicilies family isn’t exactly a “King, Prince, or foreign State" — at least not any longer. If Alito had instead been knighted by Prince Hans-Adam II of Liechtenstein, or was receiving money or other gifts from the Bourbon-Two Sicilies family, it might be different.
Justice Alito has not responded to inquiries for comment on the matter.
Related Resources:
- The Worst Supreme Court Decisions of All Time (FindLaw's Federal Courts)
- Upcoming SCOTUS Term has Impactful Cases for America's Youth (FindLaw's Federal Courts)
- Bribery (FindLaw's Learn About the Law)
