History of the Standing Committee of the Episcopal Diocese of Pennsylvania
by the Rev. William Duffey
With the possible exceptions of Connecticut and New York, Pennsylvania’s standing committee is the first in the Anglican Communion. The concept of the standing committee was essentially the creation of William White, Pennsylvania’s first bishop, whose genius provided the impetus and rationale for the founding of the Episcopal Church. White guided the nascent church in the creation of an American episcopate that would be recognized in England but at the same time be acceptable in America among a populace suspicious of English models. In short, the American episcopate, while in historic continuity with the ancient church, would reflect the democratic spirit of the new nation. White’s achievement was an episcopate established in apostolic succession to the Church of England but limited in power by the will of the American clergy and laity. The standing committee was one of the instruments designed to achieve this limitation.
It may be argued that Pennsylvania’s standing committee in particular was to provide a model for the new democratic church (and for what would become the Anglican Communion). White’s associates convinced him that episcopal polity was essential, but White wanted to be certain that the new republic understood that American bishops would be different from English bishops, for if they were not, the new nation would never accept them. Thus his notions of limited episcopal power. In this conception of limited power he was influenced by the new American constitution, then being written in White’s city by persons of his acquaintance. Under White’s influence the federal constitutional system of checks and balances was incorporated into the constitutions both of the national church and his diocese, but modified. The result was a system of checks and balances appropriate for an independent, non-established church, different from those of a civil government and from the Church of England.
The correspondence of the diocesan bishop to the executive branch of civil government is not specifically stated in the founding documents. The power of the bishop to function as an executive is implied; moreover, it is clear that he or she is to function as a limited executive. Specifically, the standing committee was to function as a council of advice to provide a check upon and balance upon episcopal authority. The other check and balance was to be provided by Convention, the legislative branch of Episcopal government vested with plenary legislative power. The concept of the standing committee was one of the essential devices developed to assure that the American bishops in their capacity as the executive branch of diocesan government would be answerable to laity and clergy while at the same time being free to exercise the sacramental responsibilities of the historic episcopate.
The founders of the Episcopal Church departed from the Constitution of the United States by declining to establish a judicial branch with the same broad powers of the civil American judiciary. Church courts were empowered only to try cases involving heresy and clerical conduct. They do not have authority to interpret the constitution of the church and its canon law except as it may relate to cases of conduct and heresy. Unlike England which has a system of state recognized church courts, in America chancery and equity decisions were delegated to civil courts. This represents a modification of the federal system of checks and balances among the branches of government. In the case of the church, the main checks upon the executive are exercised by the diocesan and national conventions and by the several standing committees. Together with the Convention and the episcopate, standing committees are the guardians of the integrity of the several dioceses.
Rights and duties of the Standing Committee
The institution of the Standing Committee is enshrined in the Constitutions both of the Episcopal Church and the diocese of Pennsylvania. Standing committees were created in the original national church constitution of 1789 and have remained unchanged in every iteration thereafter. Similarly Pennsylvania’s Standing Committee is created in the constitution of the Diocese of Pennsylvania adopted in 1814 where it also remains unchanged to this day.
Article IV of the constitution of the national church establishes a standing committee for each of the several dioceses and sets forth standing committee’s duty to be the bishop’s council of advice. Title I canon12 of the canons of the national church further describe the rights and duties of standing committees. The canon provides for the organization of standing committees and requires them to keep records of their proceedings. The canon defines a quorum and the number of members competent to act. The canon also provides for the summoning of the committees at the will of their presidents and also upon the request of their bishop whenever the bishop shall desire their advice. Most importantly, the canon provides that standing committees “may meet of their own accord and agreeably to their own rules when they may be disposed to advise the bishop.” This provision thus vests them with the broad power to advise the bishop sua sponte, i.e. on their own initiative. At their discretion they may advise the bishop on any matter they choose, and they may do so regardless of whether or not the bishop has requested their advice.
The members of the standing committee are elected by the convention of the diocese and thereafter are independent of it except that they may report to convention and shall have such further duties as shall be given it by either the General or Diocesan Conventions. Over the centuries certain duties have been laid on standing committees, principally those requiring bishops to obtain their consent with regard to specifically enumerated actions which may be contemplated by the bishop.
From the broad advice power flows two implied powers. First, in order to advise the bishop the standing committee may require him or her as the executive to provide them with information concerning the affairs the diocese in order that the Standing Committee may render informed advice. Second, given the differences in the system of checks and balances between the Episcopal Church and the federal government, and given the concern of the church founders for an episcopate with limited authority, there is a reasonable assumption in the creation of a council of advice that bishops must heed the advice they are given by the standing committee at least some — arguably the majority — of the time. Clearly bishops cannot ignore their standing committees completely for an indefinite period of time, for that would undo the very purpose for which standing committees were created, the limitation of episcopal authority.
The standing committee also has the power to establish the budget of the episcopal function of the diocese and through the appropriate agencies cause an assessment to be levied upon the several parishes and missions of the diocese in support of the budget they have established.
Diocesan Council
Diocesan Council is an instrumentality of Convention created by canon and is a relatively recent innovation. Council has neither independent status nor prerogatives of its own and can be dissolved by Convention at will. The acts of the standing committee, by virtue of its constitutional standing, are superior to those of diocesan council, and the judgment of the standing committee would prevail in cases where the acts of the two bodies may seem to be in conflict so long as the act of standing committee in question lies within its constitutional ambit.
In the current situation the bishop is seeking to deprive standing committee of authority it has historically exercised and cause the exercise of the authority in question to devolve upon the diocesan council claiming that the language of canon 6.2.1 of the Diocese of Pennsylvania laying out the duties of diocesan council (“Between meetings of the Convention, the diocesan council shall have the power of the Convention, subject only to any limitations or directives adopted by the Convention itself, or by these Canons.”) or some other novel interpretation of canon by the bishop authorizes diocesan council to exercise such authority. Such an attempt on the part of the bishop is probably unlawful, and the exercise of such authority would probably be ultra vires, and should be strongly resisted. It may indeed be grounds for a charge leading to presentment.
As to the language “Between meetings of the Convention, the diocesan council shall have the powers of convention,” it is unique in the canons and is nowhere defined except to say that Convention may delimit this authority and give directives to Council as to what Council shall do. It is very difficult to know exactly what this language means. It is easier to say what it does not mean. It does not mean that diocesan council can enact on its own initiative any canon or authorize any program it wishes. Only Convention has that power, and since that power is constitutionally vested, Convention could not delegate it away even if it desired to do so. The language probably means that at most Council can implement and supervise work initiated by Convention since the language which follows specifically requires diocesan council to formulate policies and determine program. The implication is that the policies and programs Council can act upon are only those which Convention has begun. Diocesan council may then act on them in such a way as to provide a housekeeping or secretarial/ministerial kind of oversight. Council’s additional secretarial role is to prepare an annual program budget for the Convention’s consideration.