# LCMS Convention Proceedings_St. Louis Missouri_1950_S497
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

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526 CONSTITUTIONAL MATTERS

a statement of position from synodical conventions or officials
or from other teachers, pastors, and congregations, and that it
is at all times ready to state its own position in such cases; but
that it has no vote at synodical conventions in Synod’s tem.
poral affairs, just as a man in a congregation has no vote if
he is not a legal voter.

Self-ruling or independent in this case should mean —
that the congregation is subject alone to Christ and His Word;
that Synod, its officials, and its rules and resolutions are not
over the congregation;
and that doctrinal decisions of Synod (resolutions, new con-
fessions) are subject to the judgment of the congregation as
far as it is concerned.
See Matt. 18:17-20; 20: 25-26; 23:8-10; 1 Cor. 7:23.

By-Law 3.67 (Missouri Synod Handbook) speaks of “non-
member congregations” as being under the “jurisdiction” of synod-
ical officials. And By-Law 1.09a says that such congregations are
required to “honor its [Synod’s] rules and regulations.” This can
be understood to mean a synodical control which affects the self-
rule of “non-member” congregations.

Will the 1950 convention of The Lutheran Church — Missouri
Synod now please answer the question at the head of this writing?

St. Joun’s LutHeran CaurcH, OKABENA, Minn.

ACTION

Upon recommendation of Committee 6, Synod adopted the

following resolution:
Resolution 45

Wuereas, Synod is an advisory body and therefore congrega-
tions are never “subject” to this body; and

Wuereas, By becoming a member of Synod, however, a self-
governing congregation agrees to By-Law 1.09 a and all other rules
and regulations of Synod; and

Wuereas, Each congregation joins Synod of its own free
will; and

Wuereas, In the Constitution and By-Laws no provision is
made for the kind of membership requested in this memorial; be
it therefore

- Resolved, That Synod answer the question at :the head of this
memorial by rejecting this memorial. By such rejection. it is under-
stood that the question is definitely answered.

CONSTITUTIONAL MATTERS 527

Change in Constitution
(Memorial 512)

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 cf. 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 VII 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

xto 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

Wuenreas, The official interpretation of Article VU, adopted in
1944 by Synod, does say: “The congregation shall be the judge
of the expediency of the resolution as applied 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