# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_November 28 29 2005_S12
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

1. 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.
2. The Synod at all times has the right to call its officers to account and, if circumstances require
it, to remove them from office in accordance with Christian procedure.
3. The Synod reserves the right to abolish any office it has established. (Art. XI A) (Emphasis
added)
2. It is the President’s duty to see to it that all the aforementioned act in accordance with
the Synod’s Constitution, to admonish all who in any way depart from it, and, if such
admonition is not heeded, to report such cases to the Synod. (Art. XI B) (Emphasis
added)
The delegate convention of the Synod is the legislative assembly that ultimately legislates
policy, program, and financial direction to carry on the Synod’s work on behalf of and in
support of the member congregations. It reserves to itself the right to give direction to all
officers and agencies of the Synod. Consequently, all officers and agencies, unless
otherwise specified in the Bylaws, shall be accountable to the Synod for all their actions,
and any concerns regarding the decisions of such officers or agencies may be brought to
the attention of the Synod in convention for appropriate action. (Bylaw 1.4.1) (Emphasis
added)
Dissent from doctrinal resolutions and statements is to be expressed first within the
fellowship of peers and then brought to the attention of the Commission on Theology and
Church Relations before finding expression as an overture to the convention calling for
revision or recision…. (Bylaw 1.8.2) (Emphasis added)
(c) He shall call up for review any action by an individual officer, executive, or agency
that, in his view, may be in violation of the Constitution, Bylaws, and resolutions of the
Synod.
(1) If he deems appropriate, he shall request that such action be altered or reversed.
(2) If the matter cannot be resolved, he shall refer it to the Board of Directors, the
Commission on Constitutional Matters, and/or the Synod in convention as he deems
appropriate for the issues and party/parties involved.
(3) This provision in no way alters the President’s constitutional duty to report to the
Synod those who do not act in accordance with the Constitution and do not heed his
admonition, as prescribed in Art. XI B 2 of the Constitution. (paragraph (c) of Bylaw
3.3.1.2) (Emphasis added)
Question 5: Is it in harmony with the Constitution and above Bylaws of the Synod for any member of the
Synod to engage in dissenting (or promoting non-compliance) against the Synod by use of a
lawsuit, when such members have not used the avenues of dissent as set forth in Bylaw 1.8 of
the Synod?
Opinion: No. A lawsuit is not a legitimate avenue of dissent. In the agreement to live and work together, a
member of the Synod is required to follow the avenue of dissent as set forth in Bylaw section 1.8,
including honoring and upholding the resolutions of the Synod. While a lawsuit may be an appropriate

67