Kieschnick Placed Above LCMS Board of Directors By Three CCM Rulings

By Rev. Jack Cascione

Three successive rulings by the Synod's Commission On Constitutional Matters (CCM) have redefined the Office of the President in the LCMS and placed him above the LCMS Board of Directors.  In other words, the Office the President, for the first time in the history of the LCMS, is no longer accountable to or under the authority of the LCMS Board Directors.  Now the Board is in the same position as every LCMS congregation and pastor.

Reports that charges were filed against LCMS President Gerald Kieschnick and Atlantic District President David Benke over prayers with pagan clergy in Yankee Stadium flooded the American media in November of 2001.  The LCMS Board for Communication Services admitted in its "LCMSNews -- No. 93 Dec. 3, 2001," that they were the source of this information to the American Press in their own news release on Nov. 11, 2001, as follows:

"An LCMSNews release of Nov. 11 reported that Lutheran Church--Missouri
Synod President Gerald B. Kieschnick has been charged by two clergy members
of the Synod with allegedly violating synodical fellowship principles."

This is when the CCM issued its first of three releases placing the LCMS President above the LCMS Board of Directors as follows:

"The Lutheran Church--Missouri Synod Board for Communication Services
LCMSNews -- No. 97 December 11, 2001; 'Ruling voids charges against
Kieschnick'. . . . But the CCM ruled Sunday night (Dec. 9) that only the
Synod convention -- not a district president -- has supervisory
responsibility for the Synod president."

This ruling means that only the LCMS Convention, which meets every three years, can file charges of false doctrine against a Synodical President. However, the President's hands picked District Presidents are in charge of all resolutions brought to the Convention from the Floor Committees.  This also means that the LCMS President is not subject to Dispute Resolution or any doctrinal supervision, even if he invents a fourth Person of the Trinity.

The LCMS Board of Directors responded by ordering a media blackout as follows:

"The Lutheran Church--Missouri Synod Board for Communication Services --LCMS
News -- No. 7 February 11, 2002, . . . 'The Synod's Board of Directors Feb.
1 ordered an immediate halt to distribution of any information concerning
charges brought against Atlantic District President David Benke.'"

It was then that the CCM issued its second opinion that the LCMS President is over the LCMS Board of Directors as follows:

"LCMSNews -- No. 37 July 12, 2002, CCM ruling allows news about Benke: . . .
'The CCM has ruled, however, that the Board cannot restrict the
ecclesiastical power of the Synod president or the bylaw-mandated duties of
the Board for Communication Services.'"

The minutes of the August 15-18, 2002 LCMS Board of Directors note a lengthy complaint that the LCMS President has exceeded his authority to publicize information in Dispute Resolution such as the Benke Case.  The following are quotations from the Board minutes:

"The Board therefore has no choice but to call attention to the fact that
serious infractions have taken place on the part of the President and the
Board for Communication Services with regard to publicity in a dispute
 case."

"The President has spoken openly on numerous occasions to various groups and
also secular reporters and news agencies regarding such 'matters in dispute'
as have been included by the Commission under the prohibition against
publicity of Bylaw 8.21 e.  Recently, after strictly confidential material
was wrongly released by a party to the case, the President issued a formal
public statement in its regard and in a July 9, 2002 'Pastoral Letter to the
Synod,' spoke openly and critically of the decision of the investigating
officer [Dr. Wallace Schulz] in the case.  He was aided by the Board for
Communication Services staff not only in providing broad distribution of the
letter but also by a front page Reporter article."

"In response, the Board of Directors is not eager for confrontation with the
President, who is a member of the Board, or with the Board for Communication
Services, over which it has oversight responsibilities."

Just two days later, on August 20, 2002, the CCM issued its third ruling that virtually nullified the complaint by the Board of Directors and their numerous citations from the LCMS Handbook.

In ruling (02-2282) "Questions re President's Duty to Call up for Review" by issuing the following ruling: (http://www.lcms.org/ccm/02-2282.pdf) the CCM ruled that the LCMS President is free to publicize and speak about anything
to the Synod "under extraordinary circumstances."  The president decides what are or are not "extraordinary circumstances."

"Under extraordinary circumstances, such as when an issue is of synod-wide
concern and having an immediate and ongoing negative impact on the Synod,
the President may choose to exercise his discretion in fulfilling his duties
under Article XI. The President's right and/or responsibility to call up for
review an action of an investigation officer carrying out the
responsibilities of Bylaw 2.27 c flows from his constitutional
responsibilities and powers. Similarly, his right and/or responsibility to
report to the Synod via pastoral letter flows from his constitutional
responsibilities and powers under Article XI."

Reclaim News has repeatedly pointed out that the Board for Communication Services has kept the Benke Case before the American Media and is little more than a Public Relations firm for the LCMS President.  They assist the President in his campaign to defend Benke and refuse to publish Vice-President Schulz's decision on the Benke Case.  They control the information.

Rulings by the CCM have not only made the LCMS President the ruler over the Synod, they have overthrown Resolution 7-17A adopted at the 2001 LCMS Convention to support Walther's "Church and Ministry."  Thesis XI B of "The Minister must not tyrannize the church. . . ."  (Walther's Church and Ministry" CPH 1987 page 311)

"Smalcald Articles: 'In 1 Cor. 3:6, 21 Paul makes all ministers equal and
teaches that the church is greater than the ministers.  Therefore, it cannot
truly be said that Peter has any superiority or power of the church before
the other apostles and all other ministers.  For he writes: 'All things are
yours: whether Paul or Apollos or Cephas' (1 Cor. 3:21-22).  That is to say:
Neither Peter nor any other minister may arrogate to himself any power or
superiority over the church." (Triglot, p. 506)  (page 314)

The Synod in itself is not a "Church," but it does require that the LCMS President be an ordained LCMS pastor.  The CCM has now made the LCMS President unaccountable to each LCMS Pastor and each LCMS congregation regarding his doctrine and practice.  President Kieschnick now has doctrinal immunity and superiority over each minister and each congregation.

No pastor or congregation can question or challenge the doctrine and practice of the LCMS President.  This makes doctrine a matter of majority opinion in the Convention, which is in total opposition to Walther's "Church and Ministry."

Considering that President Kieschnick was one of the four men who helped Dr. Norbert Oesch establish PLI, "Pastoral Leadership Institute" we are not surprised that he seeks to be the unchallenged "leader" of the LCMS.

September 2, 2002