# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_November 6 7 2010_S15
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

In 1995, the Secretary of the Synod was made a non-voting member of the commission, it now also
consisting of five voting members: three ordained ministers and two lawyers (Res. 7-15A, 1995 Convention
Proceedings, p. 155).
In 2001, the Council of Presidents ratification requirement initiated by the 1992 convention (see above) was
eliminated from the Bylaws (Res. 8-05, 2001 Convention Proceedings, pp. 183-184).
In 2004, Article V of the Articles of Incorporation were amended as follows (Res. 7-02A, 2004 Convention
Proceedings, p. 152): “The management authority and duties of the Board of Directors of the Synod shall be limited
to the extent such authority and duties are delegated by the Constitution and Bylaws of The Lutheran Church—
Missouri Synod to other officers and agencies of the Synod. The management authority and duties of the Board of
Directors and such other officers and agencies shall be defined in the Constitution and Bylaws, and each of them
shall be responsible to the Synod for the proper and prudent fulfillment of the authority and duties so delegated to
them. In the case of any conflict or uncertainty in determining the authority and duties of the Board of Directors and
such other officers and agencies, the opinions of the Commission on Constitutional Matters interpreting the
Constitution and Bylaws of The Lutheran Church—Missouri Synod shall be binding, unless and until overruled by a
synodical convention.” The Bylaws were also amended as follows (2004 Convention Proceedings, p. 153): “It
shall have the right to call up for review and criticism, and to request modification or revocation of, any action or policy
of a program board, commission, or council, except opinions of the Commission on Constitutional Matters” (Bylaw
3.3.5.5.[a] [2]) and “When opinions pertain primarily to business, legal, finance, civil rights, contracts, or property
matters, the commission shall first consult with the Board of Directors and/or the Synod’s legal counsel” (Bylaw
3.9.2.2 [b]).
In 2007, the word “regulations” was amended to read “governing instruments” in Bylaw 3.9.2.2.4 (Res. 7-06A,
2007 Convention Proceedings). The appointments to the Commission are now once again ratified by the
Council of Presidents (See the 1992 and 2001 postings above and amended Bylaw 3.9.2.1.1). Bylaw 3.9.2.2
was amended to require the Commission to notify an officer or agency of the Synod if a request for an
opinion involves an activity of that officer or agency , that 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 and that any issues relative to the applicability of the
laws of the State of Missouri shall be resolved in accord with specific provisions including a joint meeting of
Board of Directors and Commission representatives and if necessary, a five-member panel (2007 Convention
Proceedings, Res. 8-01).
In 2010, the Bylaw provisions requiring the commission to revise the Handbook of the Synod immediately
after each convention of the Synod to bring it into harmony with the resolutions or changes adopted by the
convention and to maintain a complete file of succeeding handbooks so that a comparison can be made
between current regulations and those immediately preceding (Bylaw 3.9.2.2.3, 2007 Handbook) was
delegated to the Commission on Handbook (Bylaw 3.9.4.2. (b) and (c), 2010 Handbook) with the provision
that the Commission on Handbook revise the Handbook after each convention in consultation with the
Commission on Constitutional Matters. While there were no substantive changes made, 2007 Handbook
Bylaws 3.9.2.2.1, 3.9.2.2.2 and 3.9.2.2.4 were revised for clarification (2010 Handbook Bylaws 3.9.2.2.1–
3.9.2.2.3). However, the Commission on Handbook is now given the responsibility to assist convention floor
committees when developing bylaw proposals asking for amendments to the Constitution, Bylaws, and
Articles of Incorporation of the Synod or which in any manner affect the Constitution, Bylaws, and Articles of
Incorporation to determine their agreement in language (terminology) with the current Handbook, thereby to
maintain Handbook integrity and good order (2010 Handbook, Bylaw 3.9.4.2 (a).
(Revised 11/07/10)

18. Miscellaneous Matters
In the time remaining for the meeting, the commission covered a number of subjects and discussion items,
including:
•

Convention issues: The Secretary of the Synod provided a progress report regarding the six
subjects reported in the minutes of the commission’s August 30–31 meeting, including the
transition to the Synod’s new structure, the role of the two mission boards, the change from
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