Finally, there is potential for a constitutional crisis of major proportions should anyone in the Church even try to proceed under the new Title IV with respect to anything that the Diocese of South Carolina or any of its clergy may do. The reason for that statement is simple: the Diocese of South Carolina has not adopted, and will not adopt, the new Title IV because it regards those Canons as beyond the powers of General Convention to enact and remain consistent with ECUSA's Constitution. And as noted many times before on this blog, the Canons of General Convention are without any binding force on any Diocese that refuses, on constitutional grounds, to recognize their validity.
And short of a Constitutional amendment to make General Convention the supreme legislative and judicial authority in the Episcopal Church (USA), there is nothing that anyone in ECUSA can do about that situation. It is the same situation we had in the United States when it was under the Articles of Confederation; Congress had no power to impose any of its laws on an individual State against its will -- because there was no Supremacy Clause in the Articles. (It was by reason of their experiences with the stalemates thus generated between Congress and the several States that the Founders included a Supremacy Clause in the new Constitution drafted in 1787, and finally ratified in 1789. And tellingly, some of those same Founders chose not to include a Supremacy Clause for General Convention when they participated in 1789 in drafting ECUSA's Constitution, also adopted by the several Dioceses in that same year.)
If a collision is coming, it will have to be one that the national leadership has actively sought by its actions to date, and that it will seek by its actions to come. Will that leadership be wise enough to pull back before it commits itself to still more? We shall have to bide our time, and see.
Read it all.
Filed under: * Anglican - Episcopal - Anglican: Analysis Episcopal Church (TEC) General Convention --Gen. Con. 2012 TEC Bishops TEC Conflicts TEC Conflicts: South Carolina TEC Polity & Canons * South Carolina
Posted July 15, 2012 at 4:31 am
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