Judicial Council Decisions Search
Decision No. 385
November 08 1974
In Re: Petition by the General Council on Ministries for a Reconsideration of Decision No. 364.
Digest of Case
The petition for a reconsideration of Decision No. 364 on the constitutionality of Paragraph 827 is declined.
Statement of Facts
In Decision No. 364, the Judicial Council, acting on an appeal from the Council of Bishops concerning the constitutionality of Paragraph 827 of the legislation creating the General Council on Ministries, declared in the digest of that decision: "The General Conference may not delegate legislative functions and responsibilities which are assigned to it by the constitution. The legislative powers granted to the General Council on Ministries by Paragraph 827 are therefore held to be unconstitutional." The General Council on Ministries at its meeting, March 13-16, 1974 took the following action: "We request the Judicial Council for a declaratory decision on the constitutionality of Paragraph 827.1 which reads; 'To establish policies and make decisions governing the functions of the general boards and agencies of The United Methodist Church, consistent with the actions of the General Conference, during the interim between its sessions.'" ANALYSIS Judicial Council Decision No. 364 held that Paragraph 827.1,.2 was an unconstitutional delegation of powers. The petition of the General Council on Ministries for a declaratory decision on the constitutionality of Paragraph 827.1 is therefore, in effect, a request for a reconsideration of Decision No. 364.
After giving careful attention to the briefs and oral arguments presented by the General Council on Ministries in support of its request, the Judicial Council declines to reconsider Decision No. 364.