The paper published by the Title IV "Task Force II" takes up three constitutional challenges to the 2009 revisions approved for Title IV of the national Canons (dealing with the discipline of clergy). The first challenge is that the revisions are in derogation of the powers reserved to the Dioceses in Article IX of the Constitution, which provides in part: " . . . Presbyters and Deacons canonically resident in a Diocese shall be tried by a Court instituted by the Convention thereof . . ." (italics added). (The other two challenges will be addressed in subsequent posts.)
The paper answers this challenge by contending that the current language of Article IX reserves to the Dioceses literally only the power to create the courts to try priests and deacons. General Convention, on the other hand, is free (under the authors' view) to specify in detail just which kinds of persons, and how many of each, will serve on the courts; their specific jurisdiction over clerical offenses; the procedures to be followed in bringing charges, working out a consent order, referring a case for hearing, conducting a trial, and pronouncing or modifying judgment. In other words, the dioceses create only the skeleton, and supply the personnel; it is General Convention which has the power to flesh everything out and make the whole system work.
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