Could Kieschnick Resort to a Plebiscite in the Benke Case?
By Rev. Jack Cascione

 

What is a Plebiscite you ask? Two weeks ago, Reclaim News announced that President Kieschnick had the option of a plebiscite if he did not agree with the ruling of the four vice-presidents in the Benke case.

Webster's Dictionary defines a plebiscite as follows: "A vote or decree of the people on some measure submitted to them by some person or body having the initiative or authority; specif., a vote of the people of some region as to choice of sovereignty."

The following is the wording in the LCMS Constitution on the Synod's version of a "plebiscite."

Article XI.B.8 of the Synodical Constitution: Duties of the President. "When matters arise between meetings of the Synod in convention which are of such a nature that action thereon cannot be delayed until the next convention, the President is authorized to submit them to a written vote of the member congregations of the Synod only after full and complete information regarding the matter has been sent to member congregations by presidential letter and has been published in an official periodical of the Synod. If such matters are related to the business affairs of the Synod, such a vote shall be conducted only after the President has consulted with the Synodical Board of Directors. In all cases at least one-fourth of the member congregations must register their vote."

Mr. Ron Hunt brought the above citation to our attention. Thank you Mr. Hunt.

We have no recollection of the last time Article XI.B.8 was invoked by a President of the LCMS or if it has ever been invoked.

There is a great deal of latitude in this article. The President determines when he wants to invoke this plebiscite. The President has the discretion to determine what the "matter" is that will be addressed, be it a question of doctrine, practice, administration, or finance. The President decides what is "full and complete information." The article only states that the president "consult" the Board of Directors, it doesn't say he needs their permission. It can also be interpreted to mean that the Benke case is not a matter of business but doctrine and practice. In this case the Board of Directors need not be consulted.

Only one-fourth of the congregations need reply and their decision is binding on the entire Synod. Theoretically, the President could ask that each congregation's vote be counted according to the size of the congregation. There is nothing in the article limiting the process to one vote per each congregation, though the assumption of one vote per congregation is the historical practice of the Synod. What is to prevent the congregations from polling their members and submitting the total of positive and negative votes in each congregation? It reads, "a written vote of the member congregations." The article tells only the number of congregations that must respond, it does not tell us how the vote is to be counted or if a simple majority or supermajority is needed from each congregation or the total number of people voting in each congregation.

In view of all the latitude offered the President in Article XI.B.8 it is indeed poorly written.


Rev. Jack Cascione is pastor of Redeemer Lutheran Church (LCMS - MI) in St. Clair Shores, Michigan. He has written numerous articles for Christian News and is the author of Reclaiming the Gospel in the LCMS: How to Keep Your Congregation Lutheran. He has also written a study on the Book of Revelation called In Search of the Biblical Order.
He can be reached by email at pastorcascione@juno.com.

April 8, 2002