# LCMS Convention Workbook_St. Louis Missouri_2019_S210
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

210

I. OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS

and that he therefore has the right and authority in cases where
he is convinced that the district president has erred in his dealings [with the local congregation/member] to convince himself
of the situation by a personal investigation at his discretion.”
(1864 Proceedings, p. 4)
17. Districts do not have a distinct and collective “doctrine
and practice” to supervise, as they are Synod in that place, nor
does a district, as such, hold an office; supervision of doctrine
and practice (“administration of office”) of districts must refer to the doctrine and practice (“administration of office”) of
those members of the Synodical union under their jurisdiction.
18. 1969 Res. 5-23 is a resolution of particular interpretive force and significance. In it, the convention took up previous opinions by the Commission on Constitutional Matters,
rendered June 12, 1967, and June 14, 1968. It ratified these
opinions, elaborating a specific constitutional rationale, and
incorporated the “basic constitutional requirements [already
demonstrated by the opinions] in clear and unmistakable words
also in the Bylaws.” By adoption of this resolution, the convention interpreted the Constitution with its “unique and final
interpretive power” (CCM Op. 16-2791).
The June 14, 1968, CCM opinion (addressed to President
Harms) reads:
You have addressed to the Commission on Constitutional Matters the question: Is it permissible
under the Constitution and Bylaws of the Synod
for a member congregation to have as its pastor
a man who is not a member of the Synod? After
thorough study of the Constitution and Bylaws
the Commission on Constitutional Matters has
come to the conclusion that this is not permissi-

2019 Convention Workbook

ble and that such a congregation cannot remain
a member of the Synod or exercise any rights
and privileges of membership.
19. 1969 Res. 5-23 (Proceedings, p. 120). This passage
paraphrases the June 12, 1967, CCM opinion noted above (later
cited in CCM Op. 02-2307, October 21–22, 2002), which reads:
The Commission on Constitutional Matters
holds that Article XIII, 1 of the Constitution
and paragraph 1.05 of the Bylaws of the Synod
are binding on every member of the Synod. Refusal to comply with these provisions as well as
active promotion of non-compliance constitute
divisive and unbrotherly conduct which destroys
the very concept of the Synod as ‘a walking together.’ Such conduct, if persisted in despite repeated admonition, is a breach not only of synodical fellowship but of the unity which prevails
between Christians and which expresses itself in
love. If all efforts at admonition fail, a member
persisting in such conduct shall be subject to
suspension and to eventual expulsion.
20. This resolution, too, has particular interpretive force
and significance. The 1944 convention received a report of a
task force, commissioned by the 1941 convention, on the meaning of Const. Art. VII. The convention committee on constitutional matters edited the report and the convention, by this
resolution, adopted it.
21. Noted also is the problem of invention of titles for
pastoral roles which have no doctrinal, constitutional, or bylaw
basis, and thus no official standing. Some of these have caused
considerable confusion.