A
Angainor
Guest
Yes, you hit the nail on the head, and yes it makes sense to me. If Clarence starts his own church then subsequently proceeds to show lack of respect or even abuse of the Sacraments then Clarence will be gravely sinning. The Lutheran Church will not be responsible for his actions. Clarence will be responsible for his own actions. The whole point of ordaining and calling process for pastors is to ensure proper administration of the Sacraments.I did not use the word “whim,” you did. Regardless, that’s not the point. If the church members’ vote is, for whatever reason, “We want Clarence to be our pastor and we permit him to consecrate the Eucharist,” then, as I understand it, Clarence may now consecrate the Eucharist. If, six months later, the church members then change their mind (for whatever reason) and decide that Clarence is not doing his job well (using whatever criteria they want), and they vote him out, is he now forever unable to consecrate the Eucharist until some other church decides to vote him in again OR until he unilaterally decides to start his own new church? If so (and I think this is what you are saying), does this truly make any sense to you?
Well… yes as a matter of fact.As for the Supreme Court, do you truly believe that the framers of the Constitution should have just written the document and given it to the people with the instructions, in effect, “Here you go, guys, figure it out on your own”?
“Although all men are born free, slavery has been the general lot of the human race. Ignorant—they have been cheated; asleep—they have been surprised; divided—the yolk has been forced upon them. But what is the lesson? …the people ought to be enlightened, to be awakened, to be united, that after establishing a government they should watch over it… It is universally admitted that a well-instructed people alone can be permanently free.” - James Madison
Without getting too deep into Constitutional Theory: not every case is a Supreme Court issue. The constitution says very little on what should be considered crimes and what the punishment for those crimes should be. States and local communities set their own criminal code.What would happen in that instance (i.e., without a Supreme Court) if Betty thinks it is okay sell child pornography because it is not specifically prohibited in the Constitution, but Gladys thinks it is not okay? How would that dilemma ever get resolved?
Having said that, I think your real point is that we need some court somewhere to settle these kind of disputes. A court’s authority comes from the law. If there is (and I certianly hope there is) a law against child pornography in Betty’s state, then the Judge has authority to “throw the book” at Betty. Just look at that figure of speech. “The book” in question is a law book. It is the law that holds the authority.
Furthermore, Betty is granted the right to be heard by a jury of her peers. Why? It is Betty’s peers who judge the law and whether Betty broke the law.
Under certian circumstances, yes. Higher Law gives people the right to throw off their government. Those circumstances have been excellently described here.Would Gladys and her friends who agree with her just get mad and start a new country and write their own Constitution? (I presume you get the analogy…)