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Of Constitutions and Institutions
by Malcolm King, III

The purpose of this article is to stimulate conversation within the Presbyterian Church (U.S.A.) about the nature of the crisis in which we currently find ourselves.  Response is invited.

The Presbyterian Church (U.S.A.) is in a state of crisis.  It is a crisis of three separate yet inseparable matters.   It is a crisis of biblical interpretation, a crisis of theology, and a crisis of constitutional understanding and compliance.  Whether we define this crisis as a loss of members and churches, or a loss of financial resources, or a loss of mission personnel and commitment, or a loss of a common understanding of theology and polity, or simply a lack of connectedness and cohesiveness, the reality is that this crisis exists and we need to talk about it. 

But how do we talk about it?  Most of the talking that we have had, over the past few years, has been either frustrated or angry in nature, and, like two ships passing in the night, the conversations have passed each other by without successfully communicating. 

The one ship is filled with persons who blindly follow the lead of the denominational hierarchy without question or concern, trusting completely in those who have taken vows to defend and support the constitution of the PC(USA).  These defenders of the institution will follow both elected and appointed leaders of the Church wherever they lead, even when the course they plot seems to be taking our ship into dangerously shallow waters. 

The other ship is filled with persons who recognize the danger of blindly following leaders who chart courses that are not constitutionally sound, or that even reject sound principles of the Church that have guided the Church for centuries.  These persons recognize that our complete trust, faith, and belief is never to be given to institutions, or even to persons elected and appointed to lead institutions, but that our whole faith, trust, and belief belong only to the One who stands behind the constitution that provides the foundation for the PC(USA). 

The crew and passengers of both these ships realize that we are in hostile and dangerous waters.  But they have differing ideas of how we got here, and they have differing courses charted for how we should escape from our current situation.  And if we don’t come up with a common solution soon, if we don’t find a way to talk to one another, both ships may find themselves washed ashore and no longer able to carry the important cargo entrusted to us to take to market around the world.  Because you see, the persons who are sailing on these two ships realize that we are really on one ship, and someone has to take the tiller and chart a safe course for all of us.

So where do we start our conversation?  What will be our “rules for engagement”? 

I would like to suggest the following first principle as a guide to understanding where we are and how we got here.  Think of it as an ecclesiastical axiom that provides a foundation for our discussion, as we try to uncover the root cause of our PC(USA) crisis; a crisis that could have long term effects both to our constitution and to the institution we serve.  Not everyone will agree with this statement, but it seems crucial to me that any discussion of the PC(USA) crisis begins  by understanding that,

"Constitutions give birth to institutions.  Institutions do not give birth to constitutions.”

You wouldn't think it would be necessary to make such a "which comes first" statement; but to keep us from getting caught up in the whole "chicken versus egg" debate, this clearly stated assumption is critical for understanding the nature of the relationship between constitutions and institutions, generally, and especially, in the crisis in which we find ourselves in the Presbyterian Church.

Constitutions provide the foundational principles and basic philosophies by which institutions are to function.  Institutions exist only to put these principles and philosophies into action; they cannot ignore their constitutional connections without seriously damaging their ability to function or their right to exist, nor do they have the authority to rewrite their constitutions to enable them to become something they were not designed to be.  Institutions certainly do have the authority and the responsibility to make amendments to the constitution that has called them into being, so that the intent of that constitution is better understood, and more easily followed.  But when an institution attempts a wholesale re-writing of its constitution, it is actually most likely creating a new institution altogether.

Why should this matter?  Why shouldn’t institutions, or leaders of institutions, be able to re-create themselves and re-define their objectives?

It matters because neither institutions nor constitutions are born in a vacuum.  Behind both stand a people; a people united in a common purpose, a people serving a common cause.  Constitutions, and the institutions birthed from them, are meant as a means to an end, with that end being to support the common good.  Whether we are speaking of a nation or a denomination, the constitution and the institution exist only to serve the people, by guiding them and supporting them as they seek to be who, and what, they have been created to be.  When the leaders of an institution attempt to create a new identity that is in conflict with the constitution upon which it is founded, they are not simply engaged in an abstract debate with theoretical principles, they are in fact engaged in a war with the people they are expected to serve.

And yet, while it is dangerous for institutions to unilaterally change their mission statements, constitutions can be amended, usually by following constitutionally provided means for such amendments.  But whatever amendments are made are generally intended only to clarify how the institution should implement the basic intentions and provisions of the constitution for its constituents.  Any attempts by the institutional guardians of a constitution to manipulate the amendment process, to bring about a “situation” that is contrary to its constitutional principles, is a violation of the constitutional and institutional relationship.

Constitutions provide us with guidelines for human relationships, guidelines that provide great potential for our life together when we discipline ourselves to follow them.  Institutions give shape and form to what is constitutionally possible,  and practical, and intended  for a given time and season.  When institutions try to give shape and form to ideas and possibilities that violate the principles and philosophies of their constitutions, they damage or destroy both what exists and what is potential and possible for human relationships.

When the constitution in question is easily understood (in its “plain meaning” or in its intentions), it is easy to hold the institution accountable.   But when there is much debate regarding the meaning and/or the intention of the constitution, accountability is often hard to find, and it is much more difficult to enforce.

In the case of the Constitution of the United States there is much continuing debate over what may (or may not) have been meant by the writers and adopters of our nation’s foundational document.  And yet, though constitutional scholars and lawyers may wrestle over our implementation of constitutional intentions, they can always return to the original text and at least agree as to the specifics about which we can argue.  Whether the arguments about our nation’s constitution are being put forward by a strict constructionist or a radical revisionist, both parties use the original text to make their points.

But our debate over the constitution of the PC(USA) is not so easy to pin down.

According to the Book of Order of the PC(USA) (G-1.0500), The Constitution of the PC(USA) is made up of two documents that are more easily amended than the Constitution of the United States.  The first document is The Book of Confessions, and the second is the Book of Order.  But, having our Presbyterian constitution clearly defined has not actually facilitated our debates about it. You would think that having clearly defined what is to be considered as the constitution that provides the foundation for our institution (denomination) that is the PC(USA) should make the task of debating the constitution easier, but it doesn’t.

This is because neither the Book of Order nor The Book of Confessions are primary documents.  Both texts, in their original and revised forms, are secondary documents that point back to the true constitution of every denominational representation of the Church of Jesus Christ.  This true constitution is the Word of God written, the Holy Scriptures, which themselves point to the Living Word, whom we worship as God incarnate.  But in every age, there has been much debate about the meaning of this ecclesiastical constitution, debates that have often heralded the birth, the demise, and the re-birth of ecclesiastical institutions.

Ironically, the popularly accepted Constitution of the PC(USA) was never intended to be understood as the final foundational word with regard to our life together, or to our life in Christ.  The documents that compose our constitution are, by their very nature, time-bound and provisional.  The Book of Confessions provides us with theological and doctrinal definitions that are often culturally biased, and which reflect the world view in which they were written.  The Book of Order is meant to provide us with practical ways in which we can live in peace, unity, and purity within this denomination, and still remain faithful to the demands placed upon us (individually and institutionally) by our Creator.  But neither of these two books, while important, perhaps even necessary for our life together, were ever intended to be the “last word” in any of our debates.  Both books point beyond themselves to that sacred collection of documents that we understand to be God’s word to His people in every age.

Every creed, every catechism, and every confession found in The Book of Confessions, and every paragraph of the Book of Order, is meant to have its foundation in the words of Scripture.  If the word of God in the Scriptures is not the ultimate foundation for these words of human construction, then that creed, that catechism, that confession, that standard, or that Book of Order, must fall.  No standard for faithful living that is lifted up by our denominational polity can stand simply because we want it to, or because social witness or cultural change demands that it be institutionalized in our life together.

We claim that we are called, within the framework of our constitution, to peace, unity, and purity, but these ideals have all clearly eluded us.  Our constitutional crisis, that is biblical, theological, and constitutional in nature,  will not be resolved by institutional edicts.  Our debates about faithful living in Christ will not find solutions made by committee consensus, nor by General Assembly votes.  Nor will we find the peace, unity, or purity, to which Christ calls his body, by creating institutionally protected task forces that avoid dealing with the real constitution of our denomination.  Even worse, when a segment of the denomination rejects the clear meaning of our true constitution, in order to bring about an institutional interpretation that contradicts the Word’s intentions for us, then we are in danger of being removed from the vine and tossed into the fire.

In any debate, the arguments being presented often make use of an historical example that provides insight into the current discussion though it has no obvious connection.  The following short discussion regarding Malcolm X and his critique of the political institutions of our nation and their failure to uphold the Constitution of the United States speaks volumes to our ecclesiastical institution’s failure to be true to our religious constitution.

Malcolm X, during a turbulent age in our nation’s history, offered us this warning,

            "You are not supposed to be so blind with patriotism that you can't face reality. Wrong is wrong, no matter who says it."

Malcolm X was speaking to a nation that he believed to be in trouble.  America's inner cities were burning, her young men were being sent to fight and die in an unpopular and little understood war, and the tired masses coming to her shores were no longer melting into one nation indivisible, under the guidance and care of almighty God.  This nation, created to be "of the people, by the people, and for the people," was no longer providing for all her people.  And the Constitutional promise of freedom for everyone and justice for all did not seem to be a reality any longer.  He believed that America had forgotten her constitutionally established, essential tenet that "all men are created equal" whether in the eyes of God or in the courts of the land.

Though we were a nation in turmoil, those called to lead from our capital city hid behind institutional excuses that claimed that this war was necessary for our national defense, and that immigration laws were necessary to protect our national economy, and that our election laws were necessary to protect people of education and learning from those who knew very little.  It was recognized by many that inequality was real, but no one wanted to be the first person to say that we were a nation in crisis, much less, that our nation was not living up to her constitutional duties.

But Malcolm X stood up, and he demanded that America quit hiding behind her institutional excuses and live up to her constitutional duties.  To close ones eyes to America's problems while repeating the popular phrase, "America, right or wrong, love her or leave her," really didn't help.  So many radicals like Malcolm X stood up and demanded that Americans and American institutions (both federal and state) live up to the promise of our past, so the future might be assured for all of our children regardless of race or creed.

Well, the radicals are gone and while many things in this nation have changed drastically over the last half-century, some things have not changed very much at all.  And one thing that has not changed is his basic premise; institutional loyalty without constitutional integrity is simply wrong and not just wrong, but dangerous to all of us.

Without question, institutions that constitutions create are necessary for human civilization.  We need institutions to carry out the basic mission of social structure whether that social structure is a nation, a business, or a Church.  Additionally, institutions require loyalty in order to be able to function competently, though this loyalty must not be  blind to the imperfections of the institution.   Constitutions, in establishing institutions,  set out first principles, or the essential tenets by which we order our life together.  But constitutions in their essence are ideals, dreams, and hopes for the future.  For a constitution to become meaningful and purposeful we need institutions to bring it to life; we need institutions to put bones and flesh upon the whispers of our souls.

And yet, when institutions become ends in themselves, when institutions become so powerful that they no longer believe in, much less adhere to, the founding principles laid out in our constitutions, then we face a crisis of faith and practice.  And when we are asked to give our allegiance to the institution instead of to the constitution upon which it stands, we are being asked to become idol worshipers, and we are being tempted to depart from  the faith which we have inherited.

Those who blindly defend the institution even when it is wrong are institutionalists,  and those who question the institution's failure to abide by its own constitution are, by their very nature, constitutionalists.  The former are concerned with power and all its trappings, and how the institution can be used to foster right and defeat the wrong (as defined by the institution); while the latter are less concerned with the structure and power of the institution and more concerned with questions of right and wrong as they impact our life together, especially with right and wrong as defined by the constitution.  Quite often, an institutionalist is tempted to find ways to obfuscate the plain meaning of the constitution in her/his pursuit of noble goals, perhaps even putting into practice many things which the constitution prohibits; while the constitutionalist will balk at anything that is not supported by the clear words or intentions of that same constitution.

Not surprisingly then, institutionalists will argue for a progressive understanding of the constitution, especially if it means doing away with large portions of the constitution, which seem to the institutionalists to be outdated and too traditional.  At the same time, constitutionalists will continue to argue for interpretations of the constitution that are more faithful to the original context of the constitution, hoping that our life in the present and the future will remain faithful to these sacred words we have inherited and promised to pass on to future generations.  In the end, it is difficult for institutionalists and constitutionalists to communicate on any level, because their essential tenets are no longer compatible. 

Like Malcolm X, I am concerned when I note that institutionalists, while in control of our nation's institutions, often seem to deliberately seek ways to undermine the rights of constitutionalists.  Whether an institution is politically red or blue, economically bullish or bearish, philosophically liberal or conservative, or theologically traditional or progressive doesn’t really matter.  The reality is that there will always be a tension between institutionalists and constitutionalists.  And that tension can often become a wall that permanently divides those who are meant to stand together.

This is especially true of the current situation within the Presbyterian Church (U.S.A.)

The PC(USA) is in a state of crisis, and this crisis doesn't show signs of going away anytime soon.  Our membership is declining rapidly, our financial losses have tempted the denomination to cut back on its commitment to mission, our discipline has become almost non-existent, and most attempts to find theological and institutional common ground have ended up creating even more division within the body.

And the greatest division within the body is the division between institutionalists and constitutionalists.  The institutionalists tend to place great emphasis on unity and peace, while the constitutionalists emphasize more the ethical and moral question of truth, as lifted up by our constitution.  While both groups recognize the importance of having a constitution, the institutionalists use the constitution as a defense of their treasured positions, while the constitutionalists receive the constitution as a critique of their treasured positions.

Institutionalists lay the blame for this crisis on fear-mongers and schismatics who question the work of the denominational leadership, and who do not give proper allegiance to the work of institutional bodies.  Their plan to reform the PC(USA) is to bring the standards and essentials of the faith more in tune with the social mores of the 21st century, and for every congregation to be more supportive with its per-capita payments.  Every edict of the Stated Clerk, every suggestion of the Assembly Committee for Social Witness Policy, every claim of the Washington Office, and every politically correct initiative of the Women's Unit is to be accepted without question.  Those who dare question the policies, and plans, and public words of the institutional elite are challenged and, if possible, quieted.

Constitutionalists lay the blame, for this crisis, on those whom they believe have abandoned the constitution and its call to a disciplined faith.  It is their understanding that the constitutional faith which has been entrusted to the denomination by the past has been seriously compromised by leaders who have tuned their ears to “other” voices of other religious “systems” (whether they are overtly religious or secular), and allowed the essentials of the Reformed faith to be demeaned and ignored. 

But, because constitutionalists are less likely to be a part of the institutional structure, their outcries are often ignored by both the institution and those who blindly pledge their allegiance to its leadership.  Constitutionalists find it hard (perhaps untenable?) to accept the mantra offered to them, “The PC(USA), right or wrong, is an institution of God’s making; love her, or leave her!”

In the face of such divergent views regarding the constitution of the denomination and of the institution that has been created to protect it, it is no wonder that the PC(USA) is in such crisis... and in need of listening once again to old “prophets” like Malcolm X.

Like a ship tossed about on the seas of a perfect storm, the PC(USA) is foundering, and is in imminent danger of sinking.  Some have recognized the danger and already have jumped ship.  Some ignore the danger, arguing that God will never let the ship go down.  And some of our most influential leaders even dare to proclaim that the PC(USA) has already weathered the worst of the storm and that a new day is dawning.  But in the midst of all this, some recognize the danger, and have offered their best efforts in attempts to save her, even if it means the loss of all they have to do so.

Ironically enough, those who want to save the PC(USA) and who seek a new reformation for this denomination, according to the Word of God, are finding it difficult to get anyone to listen.  Almost every attempt to deal with this crisis realistically and faithfully is challenged, even condemned, as an attempt to scuttle the ship before the waves tear her apart.  And many of those challenged and criticized wonder why they should keep on fighting to save a denomination that doesn't seem to care about its impending demise.

Is there any point to continue fighting the storm (without and within)?

If we continue to fight, what would faithful fighting look like? 

The first question requires that we first understand clearly why we should fight (if we should at all) and who or what we are fighting for (if we choose to enter the fray).  If we understand clearly the why and the who that stands behind this fight, then the second question concerning faithful fighting will almost define itself.

The why of our fight (should we choose to accept our mission) cannot be some well intentioned idea that we can save the institution and/or the constitution of the PC(USA) from those who would destroy both (whether intentionally or not).  It is not within our power to save; salvation is solely in the hands of God.  If we are to continue to fight to keep this ship afloat, our goal cannot be to save it just so that we can wrest its helm from the hands of those who have placed her in great danger.

Nor should we believe that we are fighting faithfully so that we might simply ride out this ecclesiastical storm.  If the end result of this fight is not to get this sinking ship completely free of the storm that surrounds her, and back on her course of sailing around the world to spread the gospel, then we should not even begin to fight.  We are not called to have a spirit of fear or anxiety.  Nor are we called to steer the course of this ship to safe harbor where we can ride out the storms of life while others continue to drown around us.

Nor should we accept some false understanding that the reasons behind our willingness to fight are pure, while the opposition’s position is impure.  While this viewpoint may be true (in both an objective and subjective sense) the great commission does not call us to go into the world and fight others for the right to be called the “true” Church.  We are to be teachers, and preachers, and disciple makers.  To the extent that our fighting enables us to fulfill these essential purposes of the Church, our fight will be within the institutional and constitutional parameters set forth at the beginning by Him who has called us to this “fight”.

The only good reason to continue to fight is to give honor and glory to Him who has called us to battle the storm.  The only good reason to continue fighting both the storm, and those on the ship who are putting the ship at risk, is because we have been commanded to fight by our Lord.  Our Lord never promised us that life in the Church would be peaceful or calm; in fact, he seems downright surprised whenever he finds His disciples concerned over the storms that we are afraid will sink our ship.  Jesus told us clearly that He did not come to bring peace, but a sword, and that true disciples prepare themselves to follow God into the storms of life even if they have to go there without mother or father, or sisters and brothers.

We should continue to fight because we are called to be shepherds of His flock and stewards of His Church.  We are to put ourselves at risk not only on our Lord’s behalf, but on behalf of those who are called into His family.  And, as Paul reminds us, this fight is not against flesh and blood, but against the powers and principalities of darkness in whatever guise they appear; even if they show up as institutionalists who claim to want peace, unity, and purity within the family of God.

So how should we fight?  As Christ fought; with grace, with love, with mercy, and with a willingness to sacrifice ourselves for those who cannot (and will not) fight.  As imitators of Jesus, we are to fight with all our strength against those who distort the truth and castigate the constitution and we are to do our best to rescue as many as we can from the storm tossed waves that seek to drown us; all the while praying that God will forgive those with whom we fight, for they don’t know what they are doing.

When past Moderators distort the truth and make false claims about those who have opposing theological positions, we should quickly respond with truth and evidence, but without rancor.

When officers of the Church at every level, Session to General Assembly, ignore the standards and essentials of our faith commitments to Christ and to one another, we must stay true to those standards and essentials and seek to censure those who have gone astray within the Rules of Discipline.  And if the PJC’s and ACC make decisions that defy all reason, we must hold fast without resorting to the same distortions of the constitution which they have enacted.

When the national press quotes theological experts who claim that Jesus himself ignored the Scriptures of his day and thus invites us to ignore the constitutional demands of the Scriptures today, we must speak up and speak out, and speak the truth of scripture.

The fight will be difficult and tiring and at times we may simply want to give in to the storm and let the waters cover us and those with whom we battle.  But we must remember who has called us to the fight, and we must remember those who need us to fight for them, and we must stand strong.

And if, in the midst of the fight, the institutional ship on which we find ourselves becomes too waterlogged to be saved, let us fight to get as many of her passengers to safety as we can; even if it costs us our careers and our lives.

As God reminded Jeremiah and Elijah long ago, the battle will be difficult and we may reach a point where we simply want to give up and let go; but God is in charge, and He has already seen to it that a remnant will survive.   For there is nothing in heaven or in earth that can keep His will from becoming reality.  Our mission, should we choose to accept it, is to fight faithfully and protect this constitution we have been given, even if it means rejecting the present institution that has been created to enforce it.

M. King III
Pastor, FPC
Presbytery of East Tennessee       

With helpful editing by Rev. Steve Moss, and Rev. Jim Goodloe

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We are members of the PC (USA) taking action to be in a church where leaders, councils and institutions govern according to the rule of law under the authority of Scripture and a constitution. With the light of Scripture and our church confessions, we understand the recent Authoritative Interpretation of G-6.0108b to be a serious and grave subversion of our church's constitution and one of many recent signs that theological progressives and conservatives are not existing together in peace, unity and purity under the same confessional and institutional boundaries.