# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_October 21 22 2002_S16
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

91. Further Clarification of Opinion 02-2282 in Light of Related Constitutional and Bylaw
Provisions (02-2304)
A District President in an August 28, 2002 letter raised a series of “matters of clarification in connection
with various constitutional and bylaw provisions” related to the Commission’s recent opinion 02-2282
“which dealt with the power of the office of the President of the Synod.”
Question 1:

The Commission on Constitutional Matter states in its opinion 02-2282 "...when an issue is
of synod-wide concern and having an immediate and ongoing negative impact on the
Synod, the President may choose to exercise his discretion [and his] right and/or
responsibility to call up for review an action of an investigating officer carrying out the
responsibilities of Bylaw 2.27 c...". Who determines whether an issue exists, and what sort
of issue this may be? Is this the decision of the President alone?

Opinion: The above statement from the Commission's opinion 02-2282 is a paraphrase and not an exact
quote. The Commission opinion states: "Under extraordinary circumstances, such as when an issue is of
synod-wide concern and having an immediate and ongoing negative impact on the Synod, the President
may choose to exercise his discretion in fulfilling his duties under Article XI. The President's right and/or
responsibility to call up for review an action of an investigating officer carrying out the responsibilities of
Bylaw 2.27 c flows from his constitutional responsibilities and powers."
Article XI B of the Constitution sets forth the duties of the President of the Synod. They are applicable to
every man who occupies the office of the President. They begin when the man is inducted into the office
of President and do not end until his successor is inducted into office. They are to be carried out at all
times during his term of office. The Synod established a procedure in the Bylaws for a member's
expulsion from the Synod in accord with the mandate in Article XIII of the Constitution. That procedure
cannot negate the duties of the President set forth in Article XI B. Thus, if there is authority for his actions
under the provisions of Article XI B (since they are applicable at all times during his term of office), the
President may use that authority in a phase of an expulsion proceeding to which such authority is
appropriate. The authority of the President is found in Article XI B. He does not have authority to
overturn the decision made by the investigating officer carrying out the responsibilities of Bylaw 2.27 c.
As stated above, the President's authority under Article XI B is constant during his term of office. In
opinion 02-2282 the Commission used the phrase "under extraordinary circumstances." This phrase was
an acknowledgement by the Commission that an unfettered use by the President of the authority he
possesses under Article XI B could create chaos in the activities of the Synod enumerated in the Bylaws.
There are no restrictions in the Constitution on such use other than the provision of Article XI A which
states: "The officers of the Synod must assume only such rights as have been expressly conferred upon
them by the Synod, and in everything pertaining to their rights and the performance of their duties they
are responsible to the Synod." Yet, the President must give cognizance to the provisions of the Bylaws for
they express the will of the Synod through their adoption by members of the Synod in convention
assembled. Therefore, when the Bylaws set forth defined responsibilities and procedures, the President
should give recognition to those responsibilities and procedures and only use his Article XI B authority
relative to those responsibilities and procedures under extraordinary circumstances and in a manner to
support the provisions of the Bylaws. The decision to use the provisions of Article XI B is that of the
President and the President alone.
Question 2:

Does opinion 02-2282 of the Commission exempt the President of the Synod from the
requirements of Bylaw 8.01 which states that the procedures outlined in Chapter VIII
"...shall be the exclusive remedy to resolve such disputes..." in the event that the President,

64