Pastors and Congregations in the LCMS have lost their right to question the
  doctrine and practice of the LCMS President. For the first time in its
  history, the office of the President in the Lutheran Church-Missouri Synod is
  ruled to be immune from all charges, censures, and doctrinal accountability to
  the pastors and congregations of the Synod.
  In an emergency meeting on Sunday night, Dec. 9, 2001, the LCMS Commission
  on Constitutional Matters, (CCM) changed the LCMS Constitution and ruled that
  pastors and congregations could no longer bring charges of false doctrine
  against the President of the Synod, Dr. Gerald Kieschnick.
  The Commission ruled that only the LCMS Convention that meets every three
  years could bring charges of false doctrine against the Synodical President.
  However, the LCMS President has the authority to hand pick all Floor Committee
  Chairmen at the Convention. These eight Chairmen decide which resolutions are
  presented to the Convention, including any charges brought against the
  President. Actually, only one Floor Committee would be responsible for such
  resolutions regarding charges of false doctrine. The next Synod Convention is
  not scheduled until July 2004.
  Prior to Dec. 9, charges of false doctrine against the Synodical President
  could be filed with the Missouri District President.
  The test case in this matter, was the charges filed by two pastors who
  objected to President Kieschnick's defense of Atlantic District President,
  David Benke's participation in a "Prayer Service" with Moslems,
  Jews, and Buddhists, in Yankee Stadium after the Sept. 11 attacks.
  The question is not whether the charges are correct or incorrect, but that
  now all members of the Synod have lost their right to question the doctrine
  and practice of the Missouri Synod President.
  David Strand, Director of Public Affairs, The Lutheran Church--Missouri
  Synod, reports "The Synodwide reaction to the complaints--each having the
  potential of leading to the ouster of President Kieschnick--has been strongly
  supportive of Presidents Kieschnick and Benke (this based on an objective
  reading of responses received at the International Center)."
  Strand's report may be correct, but flies in the face of the Synod's 154
  year history of congregation polity and voter supremacy. In essence, "mob
  rule" has robbed the individual layman of his right to redress in the
  Synod.
  The Synod adopted the new "Dispute Resolution Process" in 1992,
  which exempted the Synodical President from congregational oversight. However,
  this was changed in order that no one in the Synod would be above the Bible.
  Now the CCM has returned to the 1992 attempt to place the Synodical President
  above Matthew 18:15 and following.
  In 1847, with the guidance of C. F. W. Walther, the Synod rejected the rule
  of Catholic style hierarchy from which it freed itself. Walther taught that no
  one is above the Bible. He wrote: "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; 1Peter5:1-3; 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)." (C.F.W. Walther, "Pastoral Theology,"
  CN New Haven Mo., 5th Edition 1906 page 257)
  It now appears the Synod has returned to its pre-Walther German roots.
  Before Walther, the Synod was ruled by Martin Stephan, who Mundinger
  describes as follows, "Safe from the reach of a persecuting government .
  . . Stephan began to conduct himself like an Oriental despot."
  (Government in Missouri, CPH 1947, page 85)
  Mundinger writes about the Germans' historic love for hierarchy in pastoral
  training as follows: "The old medieval, paternalistic, and hierarchical
  concepts of church government developed by Stephan had been drilled into these
  young men during the most formative period of their ministry."
  (Government in Missouri, CPH 1947, page 95)
  Now, when faced with challenges to the doctrine and practice of the LCMS
  President, the CCM has ruled that congregations, pastors, and lay people can
  no longer challenge the LCMS President while he is in office.
  After experiencing the persecution of Stephan, C. F. W. Walther turned
  against Stephan in the United States and, by God's grace, led the Missouri
  Synod to become the largest church body in the world that is owned and
  operated by lay people.
  Suddenly, under the very real threat of two pastors filing charges, whose
  action may indeed be unpopular in the eyes of the public, the Synod once again
  returned to its German hierarchical roots. Once again we can hear the return
  of hobnail boots clicking in the LCMS.
  When the rules don't work, change the rules.
  One of the Synod's finest theologians wrote: "The only purpose of
  voting in matters of doctrine is to see whether all understand the teaching of
  the divine Word and agree to it; the purpose of the vote is not to decide the
  correctness of doctrine by majority vote or even by unanimous vote."
  (Pieper, Christian Dogmatics, III:430)."
  Three LCMS District Pastors' Conventions and the now the Pastors of the
  East District of the Lutheran Church - Canada, have all questioned
  Kieschnick's actions. They now have no court of appeal. In essence the
  Missouri Synod is no longer the Missouri Synod.