# LCMS Convention Proceedings_St. Louis Missouri_1944_S709
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

CONSTITUTIONAL MATTERS i 126

‘is resolution was referred to a committee for further study.
x further action at Synod’s next meeting in 1944. ,

3 resolution asks Synod to declare that our member con-
ons are not independent congregations, but are subject to
‘government of Synod, that the resolutions and decisions of
iod are of binding force. '
resolution asks that the usual provisions of a member
Ys constitution be nullified whenever a church affiliates with
od and whenever such provisions conflict with the resolutions
ynod.
nid: enforce disciplinary measures upon pastors and churches in
he event of any controversy, that Synod may have the right to
‘cide such controversy and to have civil courts recognize and
nforce such decisions of Synod and to foreclose any inquiry into
Be matter so decided by it—as matters pertaining to rights of
roperty, the rights of a pastor to officiate, the right of a church
0 retain as its pastor one expelled from Synod, and that Synod
Il have greater power than that of advising a congregation.

In opposition to such a resolution we submit:

That Art. VII of our Constitution is very simple and needs no
further interpretation. It expressly states that Synod shall not be
‘aii ecclesiastical government. Synod shall not have legislative
wers passing resolutions having the character of laws. Synod
- has no power to coerce, to enforce the performance of its resolu-
Z, tions and decisions by its officers nor by recourse to the law-
¥ enforcing agencies of the State. The Constitution expressly states
that each church shall remain a self-governing body and that the
resolutions of Synod have no binding force if they seem inexpedient
to the congregation. Synod shall advise. Synod shall have the
_ power to exhort, admonish by the power of the Word of God.

: A high court stated relative to this Art. VII: “The defendants

‘stress the fact that the synods are to ‘advise’ as distinguished from
‘command.’ When the spiritual nature of this organization is con-
‘sidered, it is clear that the use of the expression ‘advise’ by the
* framers of the organic instruments under consideration was inten-
tional and is to be commended and enforced and not belittled. The
’ words selected are easily to be understood and followed.”

The history of this Art. VII shows that the founding fathers
were clear in their minds, that they did not want a synodical
government, a church government, but that they wanted to be and
remain independent, self-governing bodies. Their experience with
the tyranny of the church governments made them fearful of
synodical associations, and only after Art. VII was added to the

‘The purpose of such a declaration is that Synod may exercise —