# LCMS Convention Workbook_St. Louis Missouri_2019_S395
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

INTERNATIONAL WITNESS

395

Ov. 2-06

Ov. 2-05

To Overrule Commission on Constitutional
Matters Opinion 14-2724

To Overrule Commission on Constitutional
Matters Opinion 14-2724

WHEREAS, Article VII 1 of the Constitution of The Lutheran
Church—Missouri Synod states that in relation to its members, the
Synod is not an ecclesiastical government exercising legislative or
coercive powers, and with respect to the individual congregation’s
right of self-government is but an advisory body; and
WHEREAS, Article XIV of the Constitution of the Synod states
that the Synod in convention may adopt bylaws that are consistent
with and do not contradict the Constitution of the Synod, which
controls and supersedes such bylaws and all other rules and
regulations of the Synod; and
WHEREAS, 2010 Synod convention Res. 8-32B encourages the
Synod to study Const. Art. VII, including study of Congregations
and Synod: Background Material on the Advisory Nature of the
LCMS (2004) along with opinions of the Commission on
Constitutional Matters related to this topic (including CCM Opinion
09-2573) listed in a whereas paragraph in Resolution 8-32B); and
WHEREAS, 1983 Synod convention Res. 5-10A in a resolved
clause states “That The Lutheran Church—Missouri Synod
reaffirms that its synodical polity is essentially and principally
congregational in nature”; and
WHEREAS, CCM Opinion 09-2573 states in part that “there is a
common understanding that a congregation exercises its selfgovernment … in carrying out … its own ministry programs and
financial affairs”; and
WHEREAS, Synod Bylaw 3.8.3 deals only with who has authority
to send ministers of religion into Synod foreign mission fields (prior
bylaws have been careful not to restrict congregational activity
relating to whom congregations could send funds overseas, and
nothing in the current bylaws restricts or could restrict the right of
member congregations to [a] fund any ministries in foreign
countries, or [b] send/fund congregation members for service with
any organizations seeking to share the Gospel); and
WHEREAS, 1983 Res. 5-37, in amending the bylaws, only dealt
with who on behalf of Synod as a whole could send missionaries at
the expense of the Synod and where the restriction applied, it being
a sending bylaw only, was clearly not applicable to congregations
in any event; and
WHEREAS, There is no Constitution or bylaw provision
restricting the right of a member congregation to support any
mission organization or effort doing work in foreign areas; and
WHEREAS, CCM Opinion 14-2724 states in part, “congregations
may not send funds to mission societies and non-Synod entities for
work in foreign areas without taking into consideration policies
developed and determined for this purpose by the Board for
International Mission as the only sending agency”; therefore be it
Resolved, That CCM Opinion 14-2724 be overruled, be declared
null and void and of no effect insofar as it restricts the
congregational right of self-government to fund and participate in
such foreign mission activity as it deems correct and appropriate;
and be it finally
Resolved, That the Pacific Southwest District memorialize the
Synod in the adoption of this overture.

WHEREAS, 2016 Overture 2-04, “To Overrule CCM Op. 142724” (Workbook, 318–9), was not brought forward for debate at
the 2016 convention though it was submitted by four districts, three
district boards of directors, one circuit, and seventeen member
congregations, and two other overtures (Overtures 2-07, 2-09,
Workbook, pp. 320–21) were submitted to the 2016 convention that
also requested that the Commission on Constitutional Matters
(CCM) Op. 14-2724 also be overruled; and
WHEREAS, LCMS Bylaw 3.9.2.2 (c) regarding the CCM says, in
part: “An opinion rendered by the commission shall be binding on
the question decided unless and until it is overruled by a convention
of the Synod. Overtures to a convention that seek to overrule an
opinion of the commission shall support the proposed action with
substantive rationale from the Constitution, Bylaws, and resolutions
of the Synod. All such overtures shall be considered by the floor
committee to which they have been assigned and shall be included
in a specific report to the convention with recommendations for
appropriate action ...”; and
WHEREAS, No such report was given to the 2016 convention of
the Synod; and
WHEREAS, The Word of God (Acts 13) clearly reveals that in the
first century of the New Testament, a local congregation of
believers in the Lord Jesus, assembled in Antioch, after much prayer
and under the guidance of the Holy Spirit, freely consecrated and
sent missionaries, notably Barnabas and Saul, into mission fields;
and
WHEREAS, Constitution Article III 2 identifies an objective of the
Synod as to “[s]trengthen congregations and their members in
giving bold witness by word and deed to the love and work of God,
the Father, Son, and Holy Spirit, and extend that Gospel witness
into all the world; and
WHEREAS, Const. Art. VII states, “In relation to its members, the
Synod is not an ecclesiastical government exercising legislative or
coercive powers, and with respect to the individual congregation’s
right of self-government it is but an advisory body ...”; and
WHEREAS, Const. Art. XIV states, “The Synod in convention
may adopt bylaws that are consistent with and do not contradict the
Constitution of the Synod, which controls and supersedes such
bylaws and all other rules and regulations of the Synod ...”; and
WHEREAS, 2010 Resolution 8-32B, “Congregations Walking
Together in Mission with Covenants of Love To Study Article VII
of Synod’s Constitution” (Proceedings, 169–71) encourages the
Synod to study Const. Art. VII, including study of “Congregations
and Synod, Background Material on the Advisory Nature of the
LCMS” along with opinions of the CCM related to this topic
(including CCM Op. 09-2573, 2010 Workbook, 280–84) listed in a
whereas paragraph in Res. 8-32B; and
WHEREAS, 1983 Res. 5-10A, “To Reaffirm Essential
Congregational Polity of the Synod” (Proceedings, 181) in a
“Resolved” clause states that “The Lutheran Church—Missouri
Synod reaffirms that its synodical polity is essentially and
principally congregational in nature …”; and
WHEREAS, CCM Op. 09-2573 states in part that “there is a
common understanding that a congregation exercises its self-

Pacific Southwest District

2019 Convention Workbook