# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_May 20 24 2004_S4
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

petitioning for the removal of restricted status. The outcome of suspended status is dependent solely upon
facts forming a basis for expulsion from membership under Article XIII of the Constitution (Bylaw 2.27
c) and, if there is a desire to have the matter heard and resolved (Bylaw 2.27 c), upon a decision by none
other than a Dispute Resolution Panel proceeding according to Bylaw 8.09.
265. Questions Regarding the CCM, Synod’s Constitution and Bylaws and Articles II and XIII
(04-2385)
In a letter dated February 18, 2004, an ordained member of the Synod submitted a series of questions
regarding the CCM, Synod’s Constitution and Bylaws and Article II and Article XIII.
Question 1:

The Synod has given to the CCM the “precisely defined service function” (Bylaw 3.51 b)
to “interpret Synod’s Constitution, Bylaws and resolutions” (Bylaw 3.905 d). If the CCM
issues an opinion beyond this precisely defined service function or that does not involve
interpretation of the Synod’s Constitution, Bylaws or resolutions, does that opinion have
any binding effect under Bylaw 3.905 d? In other words, can the CCM bind the entire
Synod until overruled by a convention to opinions that are beyond the function of the
CCM? If so, what specific bylaw gives the CCM this power?

Opinion: The answer to the question as stated is “no.” The Commission on Constitutional Matters “as
prescribed in the Bylaws,” (3.51 b) renders “a precisely defined service function of the Synod and [is]
responsible…to the Synod in convention…”(Bylaw 3.51 b). While the answer is “no,” if there is a
question whether or not an opinion is in fact under the “precisely defined service function,” it is the
Synod in convention that reserves unto itself alone the right to determine if in fact any of the opinions,
interpretations (an opinion or interpretation is one and the same), or other functions of the CCM went
beyond it’s prescribed functions. Bylaw 3.905 d clearly states, “An opinion rendered by the commission
shall be binding on the question decided unless and until it is overruled by a synodical convention.”
Question 2: Are the Synod’s Bylaws required to be consistent with the Synod’s Constitution?
Opinion: Yes, the Bylaws of the Synod are to be consistent with the Constitution of the Synod. This is
implied in Bylaw 14.01 1 a and d, which states, “Amendments to the Bylaws may be made by the
convention provided they are not contrary to the Constitution” and “examined by the Commission on
Constitutional Matters prior to presentation to the convention to determine that they are not in conflict
with the Constitution and Bylaws of the Synod.” In an opinion of the CCM dated February 21, 1975
concerning “Removal from Office as a Result of Expulsion from Membership in the Synod,” the
Commission opined, “The Constitution of the Synod provides for the adoption of bylaws. All duly and
regularly adopted bylaws which remain in force and effect are an extension of the Constitution.”
Question 3: If a bylaw conflicts with the Constitution, what controls, the bylaw or the Constitution?
Opinion: If a bylaw conflicts with the Constitution of the Synod, the Constitution controls. However if a
bylaw conflicts with the Constitution, it is the CCM which is to initially consider the matter, and
ultimately the Synod in convention that makes that determination. The Bylaws which are presently in
existence have been adopted by the Synod in convention and are included in the Handbook as directed by
the Synod through its Bylaws. “The delegate convention of the Synod is the legislative assembly which
ultimately legislates policy, program, and financial direction to carry on the Synod’s work on behalf of
and in service to the member congregation…” (Bylaw 1.07 a). The national convention of the Synod “is
the principal legislative assembly, which amends the Constitution and Bylaws, considers and takes action
on reports and overtures, and handles appropriate appeals” (Bylaw 3.01).

186