CCM Ruling Overturns Congregational Supremacy In LCMS

By: Rev. Jack Cascione
On January 20-21, 2003, the LCMS Commission on Constitutional Matters (CCM) reversed Walther's teaching on congregational supremacy as guaranteed in Resolution 7-17A.

The 2001 LCMS Convention adopted Resolution 7-17A "To Affirm Synod's Official Position on Church and Ministry" by 73.1% to 26.9%.  The resolution affirmed C. F. W. Walther's "Church and Ministry" "as the definitive statement under Holy Scripture and the Lutheran Confessions of the Synod's understanding on the subject of church and ministry."

On January 20-21, 2003, while affirming the importance of LCMS Convention Resolutions, the Synod's the CCM reversed Walther's teaching on "Church and Ministry."  The CCM ruled that no LCMS pastor could be removed from office if he is following orders from his superior even though Walther taught that the Voters' Assembly is supreme.

In other words, the CCM ruled that congregations couldn't remove a pastor from office if that pastor is following instructions given by a Circuit Counselor, District President, or Synodical President.  Prior to this ruling, the Congregation and not the Ecclesiastical Supervisor was the highest authority in Synod.  The CCM wrote:

"114. Consequences of Action Taken Upon Approval of Ecclesiastical Supervisor (02-2296; 02-2320)
http://lcms.org/ccm/min012003.pdf
Opinion: The Constitution and Bylaws of the Synod do not allow or contemplate the expulsion of a member of the Synod on the basis of an action taken with the full knowledge and approval of the appropriate ecclesiastical supervisor.  For a thorough treatment of this issue, see Opinion 02-2309."

What if the Ecclesiastical Supervisor is wrong?  The CCM says it doesn't matter because the pastor in question was simply following orders.  Now LCMS Congregations are supposed to accept the principal of accountability to superiors as immunity for their pastors actions, a principal which was rejected at the Nuremberg Trials when the accused claimed that Hitler made them do it.

In the same ruling the CCM affirmed the importance of doctrinal resolutions they also reversed 7-17A.

On January 20-21, 2003, the CCM also wrote that doctrinal resolutions of the LCMS that were adopted by more than a two thirds majority are the official position of the Synod as follows:

"113. Application of 2001 Resolution 3-07A (02-2294)
http://lcms.org/ccm/min012003.pdf
"Doctrinal statements, as compared to resolutions, set forth in greater detail the position of the Synod, particularly in controverted matters. Doctrinal statements must be subjected to the more rigorous procedure provided by Bylaw 1.09 c. That bylaw requires, among other procedures, adoption by the Synod in convention and ratification by a two-thirds majority vote of the Synod's congregations. Bylaw 1.09 c 7 states that 'such adopted and ratified doctrinal statements shall be regarded as the position of Synod' and, as with doctrinal resolutions, are to 'be honored and upheld . . . until such time as the Synod amends or repeals them.'"

Synodical President Gerald Kieschnick has made all of the new appointments to the CCM since he took office in September of 2001.

Walther's "Church and Ministry" clearly teaches that the Congregational Assembly is the final authority and not the Synod.  The Congregational Voters' assembly has the right to judge doctrine, call, appoint, reprove, depose, and excommunicate.

The following are quotations from Walther's Church and Ministry on Congregational authority and supremacy:

"However, this equality of believers is abrogated and the church is changed into a secular organization if a minister demands obedience not only to the Word of Christ, his one Lord and Head and that of all Christians, but also to what his own insight and experience regard as good and suitable.  As soon, therefore, as adiaphora or things indifferent, that is things that are neither commanded nor forbidden in God's Word, come in question in the church, A MINISTER MAY NEVER DEMAND ABSOLUTE OBEDIENCE to what merely appears to him to be best." ("Church and Ministry" C.F.W. Walther, 1851, CPH 1987, page 312)

"Therefore, I say that neither the pope nor a bishop nor any other person has the authority to prescribe to a Christian even the least command unless he consents to it.  Whatever else is done stems from a tyrannical spirit." ("Church and Ministry" C. F. W. Walther Page 314)

"Here [Matt. 18:15-18] Christ clearly gives the supreme jurisdiction to the church or congregation, as our Confessions say, and he desires that a sinner in a congregation be regarded as a heathen and a tax collector and that the dreadful judgment of excommunication be pronounced on him only after manifold private admonitions and the public admonition before and by the congregation have proved themselves fruitless, so that the congregation has unanimously decided to excommunicate him through its pastor." ("Church and Ministry" C.F.W. Walther, 1851, CPH 1987, 322)

"The churches should not be robbed of their power to judge doctrine, and all things should be judged according to Holy Scripture as the Word of God."
("Church and Ministry" C.F.W. Walther, 1851, CPH 1987, page 333 [Trig p. 518])

"It belongs to each and every Christian to know and judge doctrine, indeed so much so that anyone who weakens this right even in the least is condemned."  ("Church and Ministry" C.F.W. Walther, 1851, CPH 1987, Luther Page 333)

"Whatever Christ says by way of command in Matt. 24:23-24 and elsewhere of false teachers, Peter and Paul of false apostles and masters, and John of proving the spirits all serves to declare that the people have the right to judge, prove, and condemn, and this with absolute authority.  For as everyone believes rightly or wrongly at his own peril, so everyone should justly see to it that he believes rightly.  Hence even common sense and the need to be saved suggest that the hearer must of necessity judge doctrine." ("Church and Ministry" C.F.W. Walther, 1851, CPH 1987, page 334)

"For Christ teaches the very opposite, taking from the bishops, scholars, and councils both the right and the authority to judge doctrine and giving it to everyone, to all Christians in common.  He says: 'The sheep . . . know his voice' (John 10:4) Again: 'They will by no means follow a stranger, but will flee from him, for they do not know the voice of strangers. (v.5). Again: 'All who ever came before Me are thieves and robbers, but the sheep did not hear them (v.8).'"  ("Church and Ministry" C.F.W. Walther, 1851, CPH 1987, Page 337)

"For when our Savior Christ says, 'Tell it to the church,' He by these words commands the church to be the supreme judge.  From this it follows that not only one state, namely that of the bishops, but also other pious and learned persons from all states are to be appointed as judges and have decisive votes."  ("Church and Ministry" C.F.W. Walther, 1851, CPH 1987, -page 343)

"This is to be understood in the sense not only that the church has the power to excommunicate impenitent sinners but also that the congregation has the supreme authority in all church matters such as reproof, church discipline, divisions, judging doctrine, and appointing pastors, to mention only these things" ("Church and Ministry." C.F.W. Walther, 1851, CPH 1987, page 343)

"For when a certain school principal in Brunswick held an erroneous doctrine and among other things also rejected the Formula of Concord, Chemnitz presented the matter to the whole congregation as to the final and supreme judge." ("Church and Ministry" C.F.W. Walther, 1851, CPH 1987, Page 343)

"Why then should the Scriptures of the prophets and apostles be so obscure and perplexing that ignorant people should not be able to judge doctrine from them?  Without doubt the prophets and apostles wrote nothing else than what they proclaimed with their living voice."  ("Church and Ministry" C.F.W. Walther, 1851, CPH 1987, Page 344)

"In the third place, we prove this right also from the circumstances of the apostolic council.  The right to make church laws belongs to those by whom ceremonial laws were prescribed at the apostolic council (Acts 15). But these ceremonial laws were prescribed not only by the apostles but also by the whole congregation." ("Church and Ministry" C.F.W. Walther, 1851, CPH 1987, Page 346)

"Indeed, 'all the multitude' of believers (Acts 15:12) were together and on the basis of a common vote the resolution was adopted." ("Church and Ministry" C.F.W. Walther, 1851, CPH 1987, Page 346)

March 20 , 2003