Angelus, we don't seem to agree on my fundamental point and that is this:
The public sin of manifest formal heresy is the efficient cause of changing a member of the Church into a non-member of the Church.
When the above point is applied to a pope (hypothetically assuming that a pope could become a heretic), this sin itself would make him change from a member to a non-member. Being a non-member, he cannot have the papal munus. You were not sure of this.
In your line of reasoning, however, you are not agreeing that the sin itself causes a loss of membership (and loss of the papal munus). Rather, to you non-membership really occurs when the Church makes the final judgment.
This is what I understand of the distinction between our two positions.
You do not understand what I am saying. See the part I have bolded above. I agree 100% with that statement. You are incorrect that I am "not sure of this."
But you are throwing the word "formal" in there unnecessarily. I am saying the canonical standard is actually lower for the initial "loss" of papal office, power, jurisdiction, and legitimacy, according to Canon Law. The Pope doesn't need to be proven to be a "formal" (i.e., pertinacious) heretic in order to lose those things. The proof of pertinacity comes after the repeated "warnings" by a competent authority. But no warnings are necessary for the initial "loss" of office (Canon 188.4).
We, you and I, agree that we must act
as if Bergoglio not the Pope. We must act
as if he has "lost membership in the Church," even if the competent authority has not yet ruled on the finality if that statement. Why must we act this way? Because Canon Law tells us we must act this way. It is not a theological opinion that we can take or leave. We are bound to follow Canon Law.
P.S. What I am saying agrees with these general principles discussed by John Lane. The only thing, I don't agree with him on is his
indicia of heresy and his application of it to certain Popes. On that point, I agree with Fr. Kramer.
http://www.the-pope.com/contra_objections.html