# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_June 23 2003_S5
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

shall refer it to the synodical Board of Directors, the Commission on Constitutional Matters, and/or the
Synod in convention as the President deems appropriate to the issues and party/parties involved.”
Were the Board of Directors of the Synod to act improperly in appointing its own members, there is no
constitutional or Bylaw authority given to the President of The Lutheran Church—Missouri Synod to
nullify an unconstitutional action of the Synod’s Board of Directors.
166. District Constitution Committee Review of Congregation Constitutions and Bylaws (03-2349)
In a letter received April 21, 2003, a District Secretary and the Chairman of his District's Constitution
Committee request the guidance of the Commission in responding to a section of a congregation’s
Constitution and Bylaws that had been submitted for review. The District committee found articulated in
the documents submitted for review a view of the Call and the call process that provoked a number of
questions. The paragraph in question includes several statements about the nature and tenure of a Call that
are not addressed by the “Guidelines for the Constitution and Bylaws of a Lutheran Congregation”
provided by the Commission on Constitutional Matters.
Question:

Is this section of the submitted Constitution and Bylaws governing “Calls to the Church” a
correct and adequate confession of the doctrine and practice of our Synod?

Opinion: Bylaw 2.03 provides that a District Constitution Committee is to review a congregation’s new
Constitution or Bylaws or a revision thereof to ascertain that the provisions are in harmony with the Holy
Scriptures, the Confessions, and the teachings and practices of the Synod. Since this question addresses
doctrinal matters, it should be addressed to the Commission on Theology and Church Relations.
This question with its reference to the “Guidelines for the Constitution and Bylaws of a Lutheran
Congregation” calls into question the role of the guidelines in the work of a District Constitution
Committee. Congregations cannot become members of The Lutheran Church—Missouri Synod until their
constitutions and bylaws have been approved by a constitution committee of a District of the Synod.
Furthermore, any amendments must also have that approval before becoming operative.
Since a high degree of uniformity is desirable, the Commission on Constitutional Matters has from time
to time issued guidelines for the proper construction of congregational constitutions and bylaws. It should
be noted, however, that there are wide divergences among the congregations of the Synod and that it is
not advisable to formulate one constitution and bylaws to fit all congregations. Therefore, District
committees, when evaluating constitutions and bylaws that are submitted, will judge them as to whether
they contain the principles set forth in the guidelines.
167. Reconsideration of Opinion 03-2347 re Publicity (03-2350)
In an April 23, 2003 e-mailed memorandum, the President of the Synod requested the Commission’s
reconsideration of its Opinion 03-2347. In a subsequent May 12, 2003 e-mailed memorandum, the
President withdrew his request.
168. Board of Regents Policy (03-2351)
In an e-mailed letter received April 30, 2003, a member of the Synod serving as a member of a board of
regents of an education institution of the Synod asked a specific question regarding the application of the
policy of the board regarding elections.

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