You are incorrect. A bishop cannot take a diocese out of the jurisdiction of the Episcopal Church.
No bishop
did take a diocese out of the the jurisdiction of the Episcopal Church. The DIOCESE made the decision to leave the province, fully in accord with its Constitition and Canons.
The Diocese of San Joaquin will and always will be TEC.
...In the mind of TEC, that is. This is like the Roman Catholic Church believing that we are all members of the RCC--which she does. But do you think that there
is a TEC anyway, that particular theory of the Roman Church nothwithstanding?
The bishop and clergy who left created a new diocese which then joined the Southern Cone. They violated their ordination vows which states they will remain true to the Doctrine and Worship as this church (TEC) as received them.
They may have violated their ordination vows, but that in itself doesn't validate your contention about who has jurisdiction or ownership over the Anglican Diocese of San Joaquim. The most you can say is that these folks were morally wrong, in your opinion, to do what they chose to do.
There are procedures for which a bishop or clergy may leave a jurisdiction and join a new one.
...Which apply only to members of the church in question. The bishop, clergy, and people of San J. no longer do.
The clergy of the diocese did not utilize those procedures, instead they just said oh we are not part of you anymore. That left the See of the Diocese of San Joaquin vacant and a new Bishop was elected to fill that vacancy.
So there is a TEC Diocese of San Joaquin and an Anglican Diocese of San Joaquin.
That's not unusual in the religious world. You'll find instances where the RCC and TEC or some other Anglican province have each dioceses with the same name.
The new Bishop was well within his/her right to give the clergy who left a chance to recant and follow their ordination vows or to be defrocked as having abandoned their positions within TEC.
That's fine, but it's also the case, as said, that to defrock clergy who don't belong to your church is a stunt. It doesn't accomplish anything in the real world, nor did that bishop think it would.
A diocese within TEC has never been able to vote to leave the church.
I suppose that Henry VIII was told much the same thing. But when a diocese DOES leave its province,
it has done so. And you already admitted that this one has joined the Anglican Province of the Southern Cone, so it can't merely have evaporated, now can it?
You are incorrect. TEC has always held that the Diocese was a construct of our General Convention
I think you missed the point on that one.