3.01  Since the government of the church should have order and be effective, it is necessary that it possess clear and reasonable form. The legislative, administrative, and judicial bodies, sometimes referred to as judicatories, are, in regular gradation, session, presbytery, synod, and the General Assembly.
     3.02  The connectional nature of the church is expressed in the following governmental structure. The session exercises pastoral oversight and jurisdiction over a particular church; the presbytery over ordained ministers, sessions, and churches within a prescribed area; the synod over presbyteries, ministers, sessions, and churches within a prescribed area; and the General Assembly over synods, presbyteries, ministers, sessions, and churches.
     3.03  The authority of each level of church government is limited by the stated provisions of the church's constitution. Although each judicatory exercises exclusive original jurisdiction over all the matters specifically belonging to it, the lower judicatories are subject to the review and control of the higher judicatories in regular gradation.
     3.04  Every properly constituted unit of church government on any level has the right to resolve questions of doctrine and discipline properly and seriously proposed, and in general to maintain truth and righteousness, and to condemn erroneous opinions and practices which would injure the peace, purity and progress of the church.
     3.05  All meetings of judicatories shall be opened and closed with prayer.
     3.06  Called meetings of presbytery, synod, and the General Assembly shall be composed of the same representatives, or their alternates, who constituted the preceding stated meeting, unless the judicatory elects someone else as its representative. An elder whose tenure of office on the session has expired is not eligible to serve as a representative to a called meeting of a judicatory. A called meeting of a judicatory may be rescinded when a majority of those signing the request for the called meeting communicate in writing with the Moderator, or in the Moderator's absence or illness the Stated Clerk, their desire to rescind the call. This request must be made in writing at least five days before the called meeting.
     3.07  Other ministers [who are not members of the body], who are present in a meeting of presbytery or synod may or may not be seated by the action of the body as advisory members, which if granted gives them the privilege to speak to any matter before the body. Persons so seated shall be introduced to the presbytery or the synod by the moderator.
     3.08  Minutes and all other official records of sessions, presbyteries, synods, and general assemblies are the property in perpetuity of said judicatories or their legal successors. When congregations, presbyteries, or synods are dissolved, their records are held for them by the next highest judicatory within whose bounds they were before dissolution. All minutes and other official records of existing and dissolved sessions, presbyteries, and synods, or copies thereof, are to be deposited for safe keeping in the Historical Foundation of the Cumberland Presbyterian Church and the Cumberland Presbyterian Church in America. It is the responsibility of the clerk of each judicatory to make recommendation to the judicatory for the permanent safe keeping of that judicatory's records.

3.10 Committees and Commissions of Judicatories      Top
     3.11  Each judicatory may, in order to exercise its proper oversight and authority, form standing and/or ad hoc committees as it deems appropriate and elect or appoint persons to such committees. Such committees shall examine, consider, and recommend to the judicatory various measures for promoting the work of the judicatory.
     3.12  Each judicatory may appoint commissions which are authorized to deliberate upon and conclude the business submitted to them, subject to the review of the judicatory. Full records of a commission's proceedings must be submitted to the appointing judicatory, and, if approved, may be entered in the minutes of that judicatory. A majority of a commission shall constitute a quorum. Commissions may be appointed for purposes such as the following:

a.		Ordination of ministers, in which case the commission must contain a quorum of the presbytery, including two ministers;
b.		Installation of pastors and associate/assistant pastors;
c.		Organization of new churches;
d.		Taking testimony in or conducting disciplinary hearings;
e.		Visitation of congregations experiencing disorder;
f.		Hearing appeals;
g.		Investigation of any specified problem in the church.

3.20 References      Top
     3.21  Each judicatory except the highest may seek the formal advice of the judicatory immediately higher through reference. A reference is a representation, in writing, to the judicatory immediately higher, of a matter not yet decided by the lower judicatory. A judicatory which makes reference must have all the testimony and documents duly prepared and in readiness for the action or counsel of the higher judicatory. A reference shall be made by vote of the judicatory.
     3.22  A reference may be appropriate in cases which involve new, difficult, or delicate matters about which the lower judicatory may be undecided or of divided opinion.
     3.23  References may be made for the purpose of counsel, preparatory to a decision by the lower judicatory, in which case the reference suspends decision of the matter in the lower judicatory; or references may submit the entire case to the judgment of the higher judicatory for ultimate decision by it.
     3.24  The judicatory receiving a reference is not required to give counsel or make a decision but may remit the matter to the judicatory by which it was referred.
     3.25  References may in some cases be proper; yet it is generally for the good of the church that every judicatory exercise its own judgment.

3.30 Of Property      Top
     This section is declaratory of principles to which the Cumberland Presbyterian Church/Cumberland Presbyterian Church in America and their antecedent church bodies have adhered from the inception of the presbyterian form of church government.

FOR CUMBERLAND PRESBYTERIAN CHURCH      3.31  The provisions of church government as set forth in the Constitution, Rules of Discipline, and Rules of Order prescribing the manner in which decisions are made, reviewed, and corrected within this church are applicable to all matters pertaining to property.      3.32   The Cumberland Presbyterian Church is a connectional church and all lower judicatories of the church to-wit: synod, presbytery, and the particular churches are parts of that body and therefore all property held by or for a particular church, a presbytery, a synod, the General Assembly, or the Cumberland Presbyterian Church, whether legal title is lodged in a corporation, a trustee or trustees, or an unincorporated association, and whether the property is used in programs of the particular church or of a more inclusive judicatory or retained for the production of income, and whether or not the deed to the property so states, is held in trust nevertheless for the use and benefit of the Cumberland Presbyterian Church.      3.33  Whenever property of, or held for, a particular church of the Cumberland Presbyterian Church, ceases to be used by the church, as a particular church of the Cumberland Presbyterian Church in accordance with this Constitution, such property shall be held, used, applied, transferred or sold as provided by the presbytery in which that particular church is located.      3.34  Whenever a particular church is formally dissolved by the presbytery, or has become extinct by reason of dispersal of its members, the abandonment of its work, or other cause, such property as it may have shall be held, used, and applied for such uses, purposes, and trusts as the presbytery in which said particular church is located may direct, limit, and appoint, or such property may be sold or disposed of as the presbytery may direct, in conformity with the Constitution of the Cumberland Presbyterian Church.      3.35  A particular church shall not sell, nor lease its real property used for purposes of worship, nurture or ministry, without the written permission of the presbytery in which the particular church is located, transmitted through the session of the particular church.

FOR CUMBERLAND PRESBYTERIAN CHURCH IN AMERICA      3.31  The provisions of church government as set forth in the Constitution, Rules of Discipline, and Rules of Order prescribing the manner in which decisions are made, reviewed, and corrected within this church are applicable to all matters pertaining to property.      3.32 Title to Church Properties      All property acquired in the name of the Cumberland Presbyterian Church in America shall be deeded to the duly elected trustees of the church body purchasing said property (i.e., local churches, presbytery, synod, and general assembly.)      3.33 Disposal of Real Property      3.33a  Whenever church property of the Cumberland Presbyterian Church in America ceases to be used for church purposes said property shall not be disposed of without the approval of the presbytery in which said property is located.      3.33b  Whenever property owned by a presbytery is to be disposed of, approval must be sought and approval must be granted by the synod before the property can be disposed of.      3.33c  Whenever property owned by a synod is to be disposed of, approval must be sought and approval must be granted by the General Assembly before the property can be disposed of.      3.33d  Whenever property owned by the General Assembly is to be disposed of, a majority vote of the commissioners present at a regular or called meeting of the General Assembly is necessary before said property can be disposed of.