# LCMS Convention Proceedings_St. Louis Missouri_1950_S312
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

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408 CONSTITUTIONAL MATTERS

[512] Change in Constitution

Wuereas, Article VII of Synod’s Constitution is not a translation
of the original German Constitution, Chap. IV, Par. 9, and is not,
like the original German Constitution, a clear and precise state.
ment, but is vague and ambiguous and in need of interpretation,
as shown by the Handbook (1949), page 5: “For an interpretation
of this article see the Lutheran Witness. LII, 163 (May 9, 1933), or
Lutheraner 89, 9 (May 2, 1933), page 148. For resolution ef. Syn
Proc., 35 (1932), 162; 39 (1944), 203—207; By-Laws, 1.09 b.”; and

Wuereas, Article VII defines the relation of Synod to its mem.
bers in a manner which is exactly the opposite of what the original
German Constitution says. The words of Article VIL that Synod is
“an advisory body” have been officially interpreted by Synod “that
a resolution of Synod is of binding force a. if it is in accordance
with the Word of God and b. if it does appear to be expedient as
far as the condition of the congregation is concerned.” (Cf Pro.
ceedings, 1944, page 205.) The original German Constitution, on
the other hand, says: “No resolution of the former [that is, of
Synod], if it imposes anything on the individual congregation as
a synodical resolution, has any binding force on the latter. Such
a resolution of Synod can only then first have binding effect when
the individual congregation has voluntarily adopted it and has
itself ratified it by a formal resolution of the congregation.”
Article VII therefore gives Synod authority over the local con-
gregation and places Synod above the congregation. But according
to the original German Constitution, in the words of Dr. Walther,
“Synod is not above our congregations, but is rather in them for
the purpose of giving them assistance.” (Quoted in the Lutheran
Witness, 1933, p. 164; cf. Walther in Synodalbericht, Iowa District,
1879, p. 57.); and

Wuereas, The official interpretation of Article VII, adopted in
1944 by Synod, does say: “The congregation shall be the judge
of the expediency of the resolution as appplied to its local condition.
However, in exercising such judgment a congregation must not
act arbitrarily, but in accordance with the principles of Christian
love and charity” (Proceedings, 1944, page 205); and

Wuereas, Article VII nowhere states who shall have the final
decision as to whether or not a synodical resolution is in accordance
with the Word of God; and

Wuereas, The question, who shall have the final decision as
to whether or not a synodical resolution is in accordance with
the Word of God, is of vital importance in the event of a controversy
or schism within Synod; and

Wuereas, The original German Constitution, in accordance

CONSTITUTIONAL MATTERS 409

with ‘the Lutheran Confessions and in harmony with the Word
of God (cf: Walther in Synodalbericht, Iowa District, 1879, page
44 ff; also Die rechte Gestalt (pages 35—36) gives to the local
congregation “supreme and final jurisdiction” by declaring: “If
a congregation finds a resolution not in accordance with the Word
of God.or to. be unsuited to its own conditions, it has the right to
it the resolution to be disregarded and, respectively, to
reject it”; now therefore be it _
Resolved, That Article VII of the Constitution of The Lutheran
Church — Missouri Synod be amended so as to conform to the
original German Constitution and to read as follows: “Synod is in
respect to the self-government of the individual congregation
merely an advisory body. Hence no resolution of the former if it -
imposes anything on the individual congregation as a synodical
resolution has any binding force on the latter. Such a resolution
of Synod can only then first have a binding effect when the indi-
vidual congregation has voluntarily adopted it and has itself ratified
it by formal resolution of the congregation. If a congregation finds
a resolution not in accordance with the Word of God or unsuited
to its own conditions, it has the right to permit the resolution to
be disregarded and, respectively, to reject it.” oe

IMMANUEL EvANGeLicaL LUTHERAN CONGREGATION
Missourr Synop
Micrican Crry, Inp.
Cartes E. Otmsteap
Recording Secretary of the Congregation

The same memorial was submitted by

Trovity Ev. Lurweran Cuurcu or Crere, Itz.
A. T. Kretzmann, Pastor
W. J. Brase, Chairman
R.°E. Prerensrink, Secretary

St. Jonn’s LUTHERAN CuurcH, WaANaAtAH, Inp.
Rev. A. V. Kusrer, Pastor
Wu.t1am Bresexe, Secretary

First Lurneran Cuurcu, Hanna, Inn.
Rev. A. V. Kuster, Pastor
Russet Lone, Secretary

St. Perer’s Ev. Luraeran CoNncREGATION
Morrison, IIL.
Herman Beverors, Chairman
Adopted January 9, 1950. Marvin Beverots, Secretary