Thus, the justification offered by the “Task Force II” on Title IV has no historical basis in fact, and constitutes a misreading of the intent of those who enacted the language. And as argued at the outset of this post, there is no rational basis for dividing the power to establish courts from the power to define their jurisdiction, constitution, and procedures. Read in that way, Article IX becomes a mere fig leaf: the real power to create the courts, notwithstanding the language of Article IX, lies in General Convention.
And so to read Article IX, in a paper submitted by the authors of the revisions to Title IV, is to express everything that is wrong with the current views of the leadership of ECUSA as to its polity. In the state court lawsuits, over and over again, that leadership has beat the drum for ECUSA’s “hierarchical” polity, when — as shown in the first post in this series — there is no such hierarchy as between the dioceses themselves, or when assembled in General Convention. The proof of this point lies in the latest revisions to Title IV themselves. On the “Publications” page of General Convention may be found links to various documents regarding the revisions, including a set of “model” canons for the dioceses to enact in order to implement the revisions.
Without the dioceses enacting those (or similar canons) in their own separate conventions, the changes to Title IV approved at the national level in 2009 could never take effect….