The General Assembly Permanent Judicial Commission (GAPJC) of the Presbyterian Church (USA) said “… Under the Book of Order, the GAPJC does not act as the final arbiter of the Constitution in Presbyterian polity. This commission’s role is restricted and it has no jurisdiction to directly declare an action of the GA unconstitutional.”
So, although “Prior to the GA, the ACC advised in writing that Item 10-03 was “contrary to the clear statement of W-4.9000,” and during the GA on the floor, during recorded testimony, the ACC offered a diametrically opposed opinion, the GAPJC has refused to hold either the ACC accountable.
If the GAPJC is not a position to hold the General Assembly accountable for acting within the bounds of the PCUSA constitution, then who is?
Here’s the ruling: 0217-CherokeePbyetalvACC- CaseDismissed
Layman.org will offer further analysis in the coming days.
10 Comments. Leave new
Does all this mean that PCUSA has no EFFECTIVE Constitution and no EFFECTIVE Judicial system?
To a layman, that seems to imply that it’s everyone working out their own faith & doctrine on their own.
The GAPJC seems to have no reason for existing except to enforce the property trust clause
To Stephen:
Well, yes and yes. The Constitution (Book of Order) really is not a constitution in a federalist check and balances system of oversight, but is a business process manual that changes every two years or so. People always confuse PCUSA polity with something like an elected assembly of people governed by the rule of law. It is not and the law is whoever holds the gavel at the moment.
And yes, in the PCUSA it is a very big tent, and you sort of get to make up your faith and rules as you go along. In my Presbytery as long as you could fog a mirror they will ordain you to do just about whatever you want.
The GAPJC completely sidestepped the original case. If I remember right, the case revolved around the Advisory Committee on the Constitution giving INCORRECT advice on the Constitutionality of an AI that didn’t interpret something that was being incorrectly read, but completely changed the plain meaning of the constitution.
The ACC also changed its advice from the time it originally gave it (see PC-BIZ.org and look up the AI overture) to what it gave at the GA.
That was the basis of the case, the facts of which has been totally ignored by the GAPJC because it completely misunderstood what was being asked.
Those who brought the case knew that the only way a General Assembly created AI could be declared unconstitutional was
by a later General Assembly.
Typical … if you don’t like the facts, completely ignore them and change the subject.
While I am fairly sure that I agree with the doctrinal position of those pursuing this lawsuit, this was the obvious, ultimate, result. Neither an ecclesiastical court in the PCUSA or lay court is going to decide this issue the correct way at this point in time. As a result, the time, money and energy spent on this lawsuit could have been much better used in other ways.
Trying to follow the contorted logic of the GAPJC will throw your back out of joint, they have lost all credibility as an arbiter of justice, and are merely an arm of the sad practice of self-justification. No one should expect a GAPJC to render a legally thoughtful, unbiased opinion.
The GAPJC is a joke, they only vote in favor on the things personally approve, like the trust clause enforcement, since their ruling on this all hell has broken loose on churces wanting to leave.
I just can’t tell what the end game is with the louisville sluggers, all I can tell is they want all true believers to leave, and to leave everyting behind.
Ah! Customized Jesus! Hey, wonder why he didn’t think of that?
The basis of our unity in any denomination is all about trust.
This is another incident when decision making at the GA and also in the courts undermine trust. When polity is ignored, Roberts Rules of engagement are disobeyed, confessions are perverted and Scripture is
misused then there is a breakdown of mission.
There is chaos. The learned scholars of the court, who should act on behalf of God’s truth act like they no longer know nor do they care
How their a Fiona and judgments Ffect the church
Using this logic, US Supreme court could not hold an action of Congress unconstitutional.