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Viewpoint
March 5, 2008
Beware
of Greeks bearing gifts
By
Robert Dooling
The Trojan War was ten years old. Both sides had lost their
greatest generals, Achilles and Hector. Both sides were fairly
evenly matched. But, one thing that the Greeks had that the
Trojans lacked was the cunning of an Odysseus. It was Odysseus
who concocted the idea of a Trojan horse. When the giant wooden
charger was found outside the gates of Troy, the Trojans assumed
that the Greeks had left it as a parting gift after giving
up and heading home. The Trojan, Laocoon, however, did not
agree. He cautioned "Do not trust the Horse, Trojans;
whatever it is; I fear the Greeks even bearing gifts."
But, in spite of his warning, the Trojans welcomed the gift
and brought it inside their walls - blithely unaware that
in the belly of the beast were enough armed Greek soldiers
to destroy their entire city.
My purpose in writing is not to comment on ancient literature.
Rather, I am hopeful of sounding a Laocoonian-like warning
about the Foundations of Presbyterian Polity that has been
proposed by the Form of Government Task Force. I believe that
it is a Trojan horse.
Let me be very clear. I am not suggesting that the Foundations
of Presbyterian Polity is a Trojan horse in the sense that
it is the devious and infernal creation of a contemporary
Odysseus whose intention is to mislead us into foolishly adopting
something that will eventually do us harm. But, I am convinced
that it is a Trojan horse in the sense that it carries deep
down in its innards a threat that will be harmful to the long-term
health of the Presbyterian Church.
More specifically, what concerns me is the fact that the
relationship between the Foundations section and the balance
of the proposed Book of Order is alarmingly imprecise.
The question is, if adopted will all four parts of the new
Book of Order (i.e. the Foundations of Presbyterian
Polity, the (new) Form of Government, the Directory for Worship,
and the Rules for Discipline) be equal in interpretive weight
and authority, or will the Foundations section inevitably
be construed to be the controlling authority for everything
that follows?
Currently, precedent holds that all parts of the Constitution
are equal. That is to say, one cannot successfully argue that
section "x" of the Constitution is unconstitutional
because it ostensibly conflicts with section "y."
That was the explicit finding of the GAPJC's Londonderry
decision of 2001. However, if we adopt the current recommendation
of the Form of Government Task Force to add a fourth section
to the Book of Order, that equilibrium could be lost with
all kinds of unwelcome consequences.
Consider the following scenario. Assume that the Task Force's
recommendation to add a Foundations section to the beginning
of the Book of Order is adopted without amendment.
Would it not be reasonable for a future interpreter to conclude
(both from its name and its location) that the Foundations
section is intended to control the interpretation and application
of everything that follows? And, if such an understanding
were allowed to stand, is it not likely that sooner-or-later
the will of the whole church (as expressed in any given constitutional
amendment) could be declared to be unconstitutional on the
basis of its deviation from some "weightier" principle
in the Foundations of Presbyterian Polity?
If that were ever to happen, it would create a constitutional
crisis in our church of unimaginable proportions a
crisis that would be disastrous to the fragile unity that
we presently enjoy.
But there is a simple fix.
All that is necessary to resolve this particular problem is
for the next General Assembly to amend the Foundations document
by inserting language similar to that found in the Londonderry
decision.
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"It is not unusual for a document such as our Constitution,
written at different periods of time and under different
circumstances, to exhibit tensions and ambiguities in
its provisions. Nevertheless, it is the task of governing
bodies and judicial commissions to resolve them in such
a way as to give effect to all provisions. It is not within
the power of any governing body or judicial commission
to declare a properly adopted provision of the Constitution
to be invalid. The only appropriate avenue to change or
remove a provision of the Constitution is through the
process for amendment provided within the Constitution
itself." |
Remember, if the next General Assembly does not make such a
change before sending the Task Force's recommendations to the
presbyteries for their approval the Foundations document will
be un-amendable for six years - which fact would make it both
foolish and reckless ever "to trust the horse."
The Rev. Robert D. Dooling hails from Loveland, Colorado
Note: Viewpoint articles are unsolicited essays that we believe deserve to be highlighted. Viewpoint articles often do not express the opinion of Presbyweb.
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