# LCMS Convention Workbook_St. Louis Missouri_2010_S286
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

286

OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS

such an overture be considered to contain a “misrepresentation of truth”? Shall the President of the Synod
include such a resolution in the Convention Workbook?
Opinion: As discussed above, such a resolution is null and void,
and as such it is materially in error under the terms of Bylaw
3.1.6.2 (c) and should not be published. It would therefore be irrelevant whether any of the “whereas” or “resolved” paragraphs of the
overture contained material representations of truth and therefore a
separate reason to withdraw it from consideration by the convention. Such a district resolution must not be included in the Convention Workbook and should be “referred by the President of the
Synod to the appropriate district president for action.”
Question 6: May a district of the Synod adopt a resolution that rejects
an opinion of the Commission on Constitutional Matters
and/or declares such opinion not of binding force on the
congregations and pastors of its district? What would be
the effect of such a resolution?
Opinion: While a district may challenge a decision of the CCM and
submit an overture seeking to overrule a decision of the CCM, as
provided by Bylaw 3.9.2.2 (c), a decision of the CCM is “binding
on the question unless and until it is overruled by a convention of

the Synod.” Such a resolution of a district, rejecting rather than
seeking to have a convention of the Synod overrule a decision of
the CCM, is improper and out of order and therefore null and void.
Question 7: Would such a [district] resolution [that rejects a CCM
opinion], if submitted as an overture to the Synod in
convention, be considered to be “materially in error”
or a “misrepresentation of truth”? Shall the President
of the Synod print such a resolution in the Convention
Workbook?
Opinion: For the reasons discussed above, such a resolution would
also be null and void and, as such, is materially in error under the
terms of Bylaw 3.9.2.2 (c), should not be published in the Convention Workbook, and should be “referred by the President of
the Synod to the appropriate district president for action” (Bylaw
3.1.6.2 [c]). It would therefore be irrelevant whether any of the
“whereas” or “resolved” paragraphs of the overture would also
be considered a material misrepresentation of truth and therefore
a separate reason to withdraw the overture from consideration by
the convention.
Adopted February 26–28, 2010

2010 Convention Workbook

2010 Convention.indb 286

4/15/10 2:40 PM