A Statement of Tolerance for
  Episcopal Structure by LCMS Pastors
  We are in constant dialogue with LCMS pastors who are convinced that
  the following statement is correct when they couldn't be more confused.
  "Polity is not a matter of doctrine. The LCMS could have an Episcopal system or a
  congregational system. That does not matter. The Confessions and Scripture allow for
  either and anything in-between."
  It does indeed matter that LCMS congregations have Voters' Assemblies and not Bishops.
  This openness to Episcopal structure is coming straight from Fort Wayne.
  The LCMS could not have an Episcopal System because then it would not be the LCMS, no
  more than the USA could be the USA if we still had a king. An immigrant can't become a
  naturalized citizen of this country by telling the judge it doesn't matter if America has
  a king, but yet many pastors want to be in the LCMS and still agree to the above
  statement.
  The Bible never said that we "have to have" Voters' Assemblies. The Bible
  also never said there has to be an LCMS that only permits its congregations to call LCMS
  pastors. A congregation can be Lutheran without an LCMS pastor. The Confessions certainly
  allow all Lutheran Congregations to have "Lutheran Pastors" who don't have to be
  LCMS pastors.
  Walther's Defense of
  Voters' Assemblies from the Bible
  The Bible certainly teaches about Voters' Assemblies according to
  Walther in the following statement: "The Congregational Meetings" "Since,
  according to God's WORD, the congregation is the highest court within its circle
  (Matt.18:17; Col. 4:17), and the preacher has church authority only in common with the
  congregation (Matt. 20-25-26; 23:8; 1Peter.5:1-3; 2Cor.8:8), the preacher must be
  concerned that the congregational assembly, both regular and special ones as needed at
  times, be held in Christian order to consider and carry out what is necessary for its
  governing (Matt. 18:17; 1Cor. 5:4; 2Cor.2:6; Acts 6:2; 15:1-4, 30; 21:17-22; 1Tim.
  5:20)."
  "All adult, male members of the congregation have the right to participate
  actively in the discussion, votes, and decisions of the congregation since that is a RIGHT
  OF THE WHOLE CONGREGATION. See Matt. 18:17-18; Acts 1:15, 23-26; 15:5; 12-13, 22-23;
  1Cor.5: 2; 6:2; 10:15; 12:7; 2Cor.2: 6-8; 2Thess. 3:15. Excluded from the exercise of this
  right are the youth (1Pet.5: 5) and the female members of the congregation (Cor.14: 34-35)
  [see also 1Tim.2: 8-15]." (Pastoral Theology by C.F.W. Walther, CN New Haven Mo., 5th
  Edition 1906 page 257)
  Defense of Congregational
  Supremacy and Opposition to the Episcopal System from the Lutheran Confessions
  The Lutheran Confessions certainly tell us that the Congregation is
  Supreme and not the Pastors. They never teach an Episcopal form of church government, in
  fact they condemn the Episcopal system, that many LCMS pastors find so acceptable, in
  paragraph 11 of "The Power and Primacy of the Pope" from the Triglotta as
  follows: (The capitol words in the brackets were added for clarification.)
  "11] V. In 1 Cor. 3, 6, Paul makes ministers equal, and teaches that THE CHURCH
  [THE LOCAL CONGREGATION] IS ABOVE THE MINISTERS. Hence superiority or lordship over the
  Church or the rest of the ministers is not ascribed to Peter [in preference to other
  apostles]. For he says thus: All things are yours, [I.E. THE MEMBERS OF THE LOCAL
  CONGREGATION] whether Paul, or Apollos, or Cephas, i.e., let neither the other ministers
  nor Peter assume for themselves lordship or superiority over the Church; let them not
  burden the Church with traditions; let not the authority of any avail more than the Word
  [of God]; let not the authority of Cephas be opposed to the authority of the other
  apostles, as they reasoned at that time: "Cephas, who is an apostle of higher rank,
  observes this; therefore, both Paul and the rest ought to observe this." Paul removes
  this pretext from Peter, and denies [Not so, says Paul, and makes Peter doff his little
  hat, namely, the claim] that his authority is to be preferred to the rest or to the
  Church."
  Just in case the reader has any doubts about the Confessions teaching supremacy of the
  local congregation over the clergy, please take note in paragraph 24 that the local
  congregation is clearly identified in Matthew 18:17, and not the clergy, as the final
  authority in the Church. The clergy are not the church. The people are the church!
  Therefore the congregation is supreme according to Matthew 18:17 and the Confessions use
  the Word SUPREME. Walther calls the gathering of the Congregation for Church business the
  Voters' Assembly. The Voters' can't change the doctrine but they certainly are the final
  judges of doctrine and all that takes place in the congregation.
  "24] In addition to this, it is necessary to acknowledge that the keys belong not
  to the person of one particular man, but to the Church, as many most clear and firm
  arguments testify. For Christ, speaking concerning the keys adds, Matt. 18, 19: If two or
  three of you shall agree on earth, etc. Therefore he grants the keys principally and
  immediately to the Church, just as also for this reason the Church has principally the
  right of calling. [For just as the promise of the Gospel belongs certainly and immediately
  to the entire Church, so the keys belong immediately to the entire Church, because the
  keys are nothing else than the office whereby this promise is communicated to every one
  who desires it, just as it is actually manifest that the Church has the power to ordain
  ministers of the Church. And Christ speaks in these words: Whatsoever ye shall bind, etc.,
  and indicates to whom He has given the keys, namely, to the Church: Where two or three are
  gathered together in My name. Likewise Christ gives SUPREME and final jurisdiction to the
  Church, when He says: Tell it unto the Church.]"
  Notice above that the power to ordain ministers belongs to the congregation.
  Defense of Congregations'
  Biblical "Right" to Elect Their Own Pastors
  It is also false doctrine for many LCMS pastors to teach that the
  "The LCMS could have an Episcopal system or a congregational system. That does not
  matter."
  It does indeed matter because the Lutheran Confessions clearly teach that the
  congregations must maintain the right to elect their own pastors, which an Episcopal
  System, as operated by the Episcopal Church, Catholic Church, and Orthodox Church, do not
  allow. Of course, pastors could invent their own Episcopal system and say that in their
  Episcopal fantasy church the Voters' could still elect the pastor of their choice. But
  then, we all know this is fantasy and so would the pastors.
  In the "Power and Primacy of the Pope' we read as follows: "67] For wherever
  the Church is, there is the authority [command] to administer the Gospel. Therefore it is
  necessary for the Church to retain the authority to call, ELECT, and ordain ministers. And
  this authority is a gift which in reality is given to the Church, which no human power can
  wrest from the Church, as Paul also testifies to the Ephesians when he says, Eph. 4, 8: He
  ascended, He gave gifts to men.."
  "69] Lastly, the statement of Peter also confirms this, 1 Pet. 2, 9: Ye are a
  royal priesthood. These words pertain to the true Church, which certainly has the right to
  ELECT and ordain ministers since it alone has the priesthood."
  "72] From all these things it is clear that the Church [THE LOCAL CONGREGATION]
  retains the right to ELECT and ordain ministers."
  At this point, Voter Supremacy is the only acceptable form of Church Government in the
  LCMS. If pastor object or want more latitude they are free to encourage the 2001 LCMS
  Convention to change its mind.
  I think it is rather clear to the laity that many of the clergy are not interested in
  reaffirming Voter Supremacy at the LCMS 2001 Convention, because they are too busy being
  "free" to find alternatives to Voter Supremacy. They are open minded about
  relieving the laity of their "rights" according to the Lutheran Confessions.