Marquart Replies to Reclaim News on Loehe and Voters' Assemblies
With Our Reply
By Rev. Jack Cascione

 

Letter to Christian News from Prof. Kurt Marquart

The Editor
Christian News
3277 Boeuf Lutheran Road
New Haven, MO 63063

Sir:

Before "illustrating" the alleged "Loehe bias at the seminaries" (J. Cascione, CN 2 Oct. 2000) one should first prove it. I for one have made it a point both in print and in the classroom to refute Loehe's aberrations at the points where he departs from the standard Lutheran doctrine defended by Walther.

If Loehe seems more attractive to some-and unfortunately there are romantic illusions along those lines-perhaps that is because Walther is often made into a Halloween scarecrow, by friend and foe alike! I hope that the forthcoming Walther Conference (a worthy idea!) will help to rehabilitate the real Walther, and to debunk the misreading and falsehoods, which have grown like weeds round his name. Two examples for now:

One is the absurdity-maintained; for instance, by P. E. Kreztmann-that only the head-pastor holds the one divinely-instituted pastoral office, and that assistant pastors are in an auxiliary office, like elders and Sunday-School teachers! Another is the fantasy that "Synod is not church," and therefore does not govern free Christian consciences with the truth of the divine Word and the orthodox Confessions, but oppresses them with the man-made rules and regulations of a so-called "covenant of love"! Nothing could be farther from Walther's churchly vision, but it is regularly trotted out as if it were his very last will and testament!

And then there is Pr. Cascione's favorite war-horse, "Voter Supremacy." This misunderstanding confuses Law and Gospel. In the civil, legal realm, of course the majority prevails. But in the spiritual, evangelical realm of the church, things are done by common submission to God's Word or by mutual consent in love, fittingly expressed by vote. God is not a Bolshevik (Russian for member of the majority)! He cares nothing about majorities or minorities-only about His truth and love, and our salvation.

Pr. Cascione's "freedom to do the wrong thing" belong in the temporal, not the spiritual sphere. All of us Christians have both spirit and flesh, new nature and old nature. Yes, we daily sin and need forgiveness-but there is not "right to do wrong"! Because Walther understood that, he insisted that a congregational decision, even if unanimous, was null and void if it violated the Word of God, there is some analogy to this in the American constitutional system: if something is unconstitutional, then any attempt to enforce it, whether by legislatures, sheriffs, or armies, has no legal force or standing, and must be resisted. When one must resort to pleading for a "freedom to do the wrong thing" in the church, one is merely confessing the bankruptcy of the position advocated.

Yours Faithfully

K. Marquart
CTS
Ft. Wayne


Our Reply

We appreciate Professor Marquart's response to the article in CN titled and sent out on Reclaim News, "LCMS Seminaries and Pastors Moving From Walther to Loehe."

There were certainly enough citations from publications illustrating a renewed fascination with Loehe. We have heard reverence for Loehe in lectures and conferences frequented by professors from both seminaries. We could have published more citations. However, on this point, Marquart has the right to speak. Yes, over the years, he has repeatedly pointed out weaknesses in Loehe's positions.

His point about P. E. Kretzmann, assuming it is stated accurately, is quite correct.

However, regardless of Marquart's assertion, the Synod is not church, it is a group of churches that agree to follow the same doctrine, practice, polity, regulations, resolutions, constitution, worship, discipline and clergy roster. Marquart is presenting Wisconsin's position that "Synod" is church. The Augsburg Confession tells us very clearly "The Church is the congregation of saints, in which the Gospel is rightly taught and the Sacraments are rightly administered."

The President of the Synod cannot consecrate the Sacrament at the Convention and Marquart cannot consecrate the Sacrament at Fort Wayne's Kramer Chapel. The Synod in Convention is not a congregation nor is Fort Wayne's Chapel. Neither the Synod, Convention, District, nor Circuit in the LCMS is Church, and Marquart knows it. The President is not the pastor of the Synod and the delegates vote on his election every three years, hardly befitting a "pastor" of the church. The Synod does not have the authority to call a pastor to an LCMS congregation. It only possesses determinations regarding the Keys by consent of the congregations who possess the Keys by divine right. The Synod could not exist without the congregations, but any congregation can exist without the Synod and the LCMS clergy roster.

However, in Convention, the congregations have agreed that the Synod definitely "govern(s) free Christian consciences with the truth of the divine Word and the orthodox Confessions." No congregation is compelled to be part of the Synod, but the congregations also agreed to follow the regulations which is part of following the "legalism" of the Synodical constitution and the Convention's resolutions. All constitutions are human "legalistic" and the Synod is a human invention, which operates colleges, seminaries, conducts mission work and maintains numerous subsidiary organizations and institutions.

Before the 1995 Convention, the Chairman of the Counsel of District Presidents, Dr. John Heins, blasted me in front of 103 pastors, for reimposing the Prussian Union on the LCMS. I was insisting that the name "Lutheran" be on all LCMS congregations. Overweight "Affirm" operatives proclaimed that I was a legalist. Yes, I invented the name "Lutheran" on all LCMS congregations. Somehow the Convention agreed to keep the name "Lutheran."

Before the 1998 LCMS Convention, I was accused of being a legalist for preventing the freedom of the Gospel. I was promoting a resolution that said LCMS pastors couldn't make up creeds for their congregations to confess. Before the Convention, overweight "Affirm" operatives took to the St. Louis Radio airways proclaiming that the Apostle's Creed was not the Gospel. Yes, I invented the three Creeds.

Now, for the 2001 Convention, Marquart writes: "And then there is Pr. Cascione's favorite war-horse, 'Voter Supremacy'" and Marquart's accusation that I confuse Law and Gospel, you know, a legalist. Yes, I invented Voter Supremacy and the LCMS. Never mind that the following authors, just to name a few, all write about the Synod's historic position on Voter Supremacy:

"Form of the Christian Congregation," C.F.W Walther, CPH, St. Louis, 1989, p.23, 24, 48, 54, 56, 66

"Pastoral Theology" by C.F.W. Walther," CN New Haven Mo., 5th Edition 1906 translated 1995,page 257, 264

"1847 Ebenezer 1922" by D. H. Steffens, CPH, Page 147

"Pastoral Theology" by John Fritz, CPH 1932, page 314

"Government in the Missouri Synod" by Carl Mundinger, 1947, CPH, page 196, 201

"The Abiding Word," E.J. Otto, CPH, 1947, Vol. II, Page 555

"The Abiding Word" CPH, 1947, Vol. II, page 460 "The Lutheran Congregation" by G. Perlich

"Christian Dogmatics," J. T. Mueller. Page 561

"Teach My People The Truth" by Herman F. Zehnder, Frankenmuth Historical Society, 1970, page 97

To read Marquart, Walther didn't understand himself, even though Walther goes into lengthy detail explaining how the congregations should conduct their Supreme Voters' Assemblies.

Again, Marquart would ignore the fact that numerous LCMS congregational constitutions, accepted by the Synod in its first decade, and my own congregation which was formed before Marquart was born, and the other congregations of which I have been the pastor stated in German and later in English that the Voters' are Supreme and/or are the highest tribunal in the congregation. Did everyone misunderstand Walther from the day the Synod was founded?

The following four points all illustrate Voter Supremacy:

  1. The Confessions specifically say that the congregation elects its own pastor. (Trig. 523-24 par. 62, 69, 72, "Therefore it is necessary for the Church to retain the authority to call, elect, and ordain ministers." Also Eph. 4:8, 1Pet. 2:9)
  2. The Confessions specifically say the local congregation is supreme over the pastor. ".the church is above the ministers" Trig. 507, "Christ gives supreme and final jurisdiction to the Church" Trig 511, also, Matt. 18:17, Col. 4:17, 1Peter 5:1-3, 2Cor.8:8, and Walther agrees that the clergy are not the church.
  3. The Confessions specifically say that the congregation is the final judge in church discipline. (Trig. 511, "Christ gives supreme and final jurisdiction to the church." also 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)
  4. The Confessions say they agree with the Bible and the Bible teaches that the sheep judge their shepherd in all doctrine. (Matt. 7:15-23, 1John 4:1, 1Cor. 10:15, Matt. 23:10, 1Thess. 5:1, Matt.10:42-44, Acts 17:11, 2Pet. 2:1, 1Cor.14:29, Rev. 2:2)

The sheep form the final tribunal in the congregation, not the clergy. When the pastor speaks the Word of God correctly he should expect 100% obedience or they are not sheep. When the congregation speaks the Word of God correctly, they should expect 100% obedience from the pastor or he is no pastor.

Marquart steers the Synod into a sea of confusion. We again challenge him to produce his own design for an LCMS congregational constitution like Walther did. I'm convinced that Marquart is not sure that congregations can exist without the pastor.

Yes, the congregation has a right to be wrong; otherwise their votes are meaningless. When they are wrong, it is called "sin." Walther viewed every vote on doctrine as a test of faith to see who is approved (1Cor. 11:19). Perhaps Marquart would have designed the Garden of Eden with a fence around the Tree of the Knowledge of Good and Evil.

Before the LCMS Conventions voted on resolutions reaffirming the name "Lutheran," and whether we should only confess three Creeds in LCMS worship services, the vote to adopt these resolutions was taken in our own Voters' Assembly. Otherwise, the resolutions would have never been sent to the Conventions. The entire Convention voted on the confession of the Gospel in the Creeds. Hundred's voted "no," though it passed. I think they sinned by voting "no" but they had the right to do it.

Marquart says I'm confusing Law and Gospel. No, he is the one confusing Law and Gospel. I witnessed a majority vote (by the Bolsheviks) in the LCMS Convention on the correctness of only confessing three Creeds. Why didn't Marquart go to the microphone and say, "No one here can vote 'no'"? There were numerous cockamamie LCMS pastors telling me for more than a year prior to the Convention that the Synod had no right to limit their freedom to make up their own Creeds. Many of them were "confessionals" and "conservatives," and in my opinion, gone mad. They have a right to be "mad."

The Gospel, the Tree of Life, only exists by common consent of the faithful in the congregation. If there are not two or three gathered in His Name, there is no church, even if the pastor has faith.

For three days this past summer, I watched the Michigan District Convention discuss and then vote on "committing" itself to the Core Values of "culturally relevant congregations," "process consulting," "healthy congregational systems," and "affinity-based learning clusters." Only one pastor in three days offered any public objection. There is still time for them to repent and escape eternal damnation. They have the right to be damn wrong! If Redeemer's Voters are not Supreme, as Marquart insists, they must necessarily submit to the conditions of the eight Michigan District Core Values.

If Marquart, in my opinion, the Synod's most outstanding theologian, can't understand the importance of LCMS lay people being in control of their congregations, doctrine, practice, and property, it is still up to the Convention to Vote on the issue. If the Convention tables or votes down Voter Supremacy the answer is clear, at least for the Courts. The free association of congregations called the LCMS that Redeemer Lutheran Church joined in 1921 will no longer exist.

Case in point: On May 9, 2000, The Court of Appeals, Fifth District of Texas at Dallas, ruled that under current LCMS congregational polity, layman Ronald Charles Hunt was an owner of his church property and could not be removed from his property as long as he was a member of the congregation. Justice Whittington wrote the opinion in behalf of the three-judge panel consisting of Justices Whittington, James, and O'Neill. In two other cases, two LCMS Districts had argued for an Episcopal System.

Marquart fantasizes about the polity of an imaginary Synod where lay people control the property but not the doctrine. The good professor dreams of a separation of ownership from stewardship. I own my house and I control what goes on in my house. What good is controlling church property if lay people don't control the doctrine?

If the lay people confess the Bible and the Lutheran Confessions, they will have a Lutheran Congregation. Luther knew that the Duke owned the church property, paid his salary, and that he could only preach and teach at the pleasure of the Duke. We all know what happened to Melanchton when Charles V rolled into town eight months after Luther's death. Nothing has changed. In the LCMS, lay people own their church property; pay the pastor's salary and the pastor serves at the pleasure of the lay people with a divine call they give the pastor. God willing, they will be taught correctly and do the right thing. There is no guarantee in this life that faithful people will have faith tomorrow.

The best approach is to teach the lay people instead of controlling them with "The Marquart Rule" so they can't sin.


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October 17, 2000