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Decision No. 59

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May 06 1948
In Re: Constitutionality of Affirmations of Faith

Digest of Case

The Judicial Council has no jurisdiction to determine constitutionality of Affirmations of Faith.

Statement of Facts

At a session of the General Conference May 6, 1948, on motion of Chester A. Smith, a Resolution was adopted as follows: "Resolved that there be submitted tothe Judicial Council the following question: Was the action of the GeneralConference of 1944 in approving the second and third Affirmations of Faith as part of the Orders of Worship a violation of the constitution?" See Discipline 1944, pages 420 and 421. The argument of the proponent as found on page 364, Daily Christian Advocate 1948, was that these Affirmations of Faith contravene the Articles of Religion which are a part of the Constitution.

Decision

It is the opinion of the Judicial Council that the Judicial Council was not set up as an interpreter of doctrine but as an interpreter of law from the strictly legal standpoint. Therefore we cannot see that any question of constitutionality is involved in the foregoing resolution and we accordingly hold that the Council has no jurisdiction over the subject matter therein contained.

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